The Two Year Deadline That Families Cannot Afford to Miss
Losing a loved one because of someone else's negligence is devastating. The last thing a grieving family wants to think about is legal deadlines. But Texas law is unforgiving on this point. Under Texas Civil Practice and Remedies Code Section 16.003, a wrongful death lawsuit must be filed within two years of the date of the deceased person's death.
This is not two years from the date of the accident. It is two years from the date of death. If a person is injured in a crash in January but does not pass away from those injuries until March, the two-year clock starts running in March, not January. This distinction matters in cases involving prolonged hospitalization or delayed complications from injuries.
If you miss this deadline, the court will almost certainly dismiss your case. The statute of limitations is a hard cutoff. No matter how strong your evidence is, no matter how clearly the defendant was at fault, the law will bar your claim if it is filed even one day late.
Who Can File a Wrongful Death Lawsuit in Texas
Texas law limits the right to file a wrongful death claim to specific family members. Under Texas Civil Practice and Remedies Code Section 71.004, only the surviving spouse, children, and parents of the deceased may bring a wrongful death action.
If none of these family members file suit within three months of the date of death, the executor or administrator of the deceased person's estate may file the suit on behalf of all eligible beneficiaries. However, any of the individual family members listed above can block the executor from filing by providing written objection.
This structure can create complications when family members disagree about whether to pursue litigation, or when relationships between the deceased's spouse, children, and parents are strained. An experienced wrongful death attorney can navigate these family dynamics while ensuring the legal deadlines are met.
The Survival Cause of Action Has Its Own Rules
Texas law distinguishes between a wrongful death claim and a survival claim. The wrongful death claim belongs to the surviving family members and compensates them for their own losses, including loss of companionship, loss of financial support, mental anguish, and loss of inheritance.
The survival claim, governed by Texas Civil Practice and Remedies Code Section 71.021, belongs to the estate of the deceased person. It covers the damages the deceased person experienced between the time of injury and the time of death. This includes the deceased's own pain and suffering, medical expenses, and lost wages during that period.
The survival claim is subject to the same two-year statute of limitations, but it is technically a separate cause of action. Both claims should be filed together to maximize the family's total recovery.
Exceptions That Can Extend or Shorten the Deadline
The Discovery Rule
In rare cases, Texas courts may apply the discovery rule to toll (pause) the statute of limitations. The discovery rule applies when the injury is inherently undiscoverable and the plaintiff could not have known about it through the exercise of reasonable diligence. In wrongful death cases, this might apply when a death was initially attributed to natural causes but later evidence reveals it was caused by someone's negligence, such as a medical error or toxic exposure.
However, Texas courts apply the discovery rule narrowly. It is not available simply because the family did not know they had a legal claim. The underlying cause of death itself must have been hidden or undiscoverable.
Minors and Individuals With Disabilities
Under Texas Civil Practice and Remedies Code Section 16.001, if a person entitled to bring a wrongful death claim is a minor (under 18) or has been adjudged to be of unsound mind at the time the cause of action accrues, the statute of limitations is tolled until the disability is removed. For a minor, this means the two-year clock does not begin running until the child turns 18.
This exception is significant in cases where a child loses a parent. The child technically has until age 20 to file a wrongful death claim. However, waiting until a child reaches adulthood is rarely advisable because evidence deteriorates, witnesses become unavailable, and the defendant may dispose of assets.
Government Entities
If the party responsible for the wrongful death is a government entity (such as a city, county, or state agency), special rules apply. Under the Texas Tort Claims Act (Texas Civil Practice and Remedies Code Chapter 101), you must provide formal written notice of your claim to the government entity within six months of the date of death. The wrongful death lawsuit itself must still be filed within two years, but failing to provide the six-month notice can bar your claim entirely.
This accelerated notice requirement catches many families off guard. If a loved one was killed in a crash involving a government vehicle, on a poorly maintained government road, or in a government facility, consulting an attorney immediately is essential.
Damages Available in Texas Wrongful Death Cases
Texas wrongful death damages are designed to compensate the surviving family members for the losses they have suffered. These include loss of earning capacity (the financial support the deceased would have provided), loss of companionship and society, loss of care, maintenance, and support, loss of inheritance, mental anguish and emotional pain, and reasonable funeral and burial expenses.
In cases involving gross negligence, the family may also recover exemplary (punitive) damages under Texas Civil Practice and Remedies Code Section 41.003. Punitive damages are capped at the greater of $200,000 or two times the amount of economic damages plus the amount of non-economic damages up to $750,000. However, this cap does not apply in cases involving certain criminal conduct.
Do Not Wait to Contact an Attorney
The two-year statute of limitations may seem like plenty of time, but wrongful death cases require extensive investigation. Your attorney needs time to preserve evidence, retain expert witnesses, obtain medical records, analyze financial losses, and build a comprehensive case. Starting early gives your legal team the best chance of achieving a just result.
Insurance companies know the deadline too. Some will delay, stall, and string families along with low offers, hoping the family will accept a fraction of the case's value or run out of time to file suit.
Contact Medina & Medina for a Free Consultation
If you have lost a loved one because of someone else's negligence in Texas, Medina & Medina can help your family pursue the justice and compensation you deserve. Call us at (512) 883-0012 for a free consultation. We handle wrongful death cases on a contingency fee basis. You pay nothing unless we win.
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About the Author
Israel MedinaFounding partner at Medina & Medina, Israel Medina is a personal injury attorney serving families across Texas.
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