The wrongful death statute of limitations in Texas gives most families two years from the date of death to file a lawsuit. That sounds like a long time.
For a family planning a funeral, handling an estate, and trying to understand what happened, two years can pass faster than anyone expects.
The general rule is also only the starting point. Some deadlines arrive in a matter of months, and a few exceptions give certain family members more time. This page walks through each one so you can see which rules might apply to your family.
Key Takeaways About Statute of Limitations in Texas Wrongful Death Cases
- Texas wrongful death claims generally must be filed within two years of the date of death.
- Claims against a city, county, or state agency usually require written notice within six months, and some city charters require notice even sooner.
- Only a surviving spouse, children, and parents can bring a Texas wrongful death claim; siblings and grandparents cannot.
- A survival action is a separate claim brought by the estate for what the person who died could have recovered, and it follows its own timing rules.
- Critical evidence, such as truck logs and surveillance video, can disappear within days or weeks, long before any legal deadline.
How long do you have to file a wrongful death claim in Texas?
The wrongful death statute of limitations in Texas is generally two years from the date of death under Civil Practice and Remedies Code § 16.003. Government notice rules can shorten it, and tolling for minor children can extend it.
The General Rule: Two Years From the Date of Death
Section 16.003 of the Texas Civil Practice and Remedies Code sets a two-year limitations period for personal injury and wrongful death claims. For wrongful death, the clock starts on the day the person dies, not the day of the crash or incident.
That distinction matters when someone survives for a time after being injured. If a person is hurt in an 18-wheeler crash in March and passes away in June, the wrongful death deadline generally runs from June.
Exceptions That Can Shorten or Extend the Deadline
Texas law includes several exceptions. Some cut the time dramatically; others add time for specific people. Because they can overlap, it helps to look at each one separately.
| Exception | Effect on the deadline | Who it usually affects |
|---|---|---|
| Government defendant | Written notice often due within 6 months, sometimes sooner | Families suing a city, county, or state agency |
| Minor or incapacitated beneficiary | That person's own claim may be tolled | Children and legally incapacitated family members |
| Fraudulent concealment | May delay the start of the clock | Families misled about how the death happened |
| Defendant absent from Texas | Time outside the state may not count | Out-of-state drivers or companies, in limited cases |
| Survival action timing | Estate claim follows the decedent's injury date, with a suspension after death | The estate's personal representative |
Claims Against a Government Entity
When a city bus, a county vehicle, or a dangerous public road contributed to a death, the Texas Tort Claims Act generally requires written notice to the governmental unit within six months of the incident.
The notice must describe the damage, the time and place of the incident, and how it happened.
City charters can set even shorter deadlines, and some require notice in as little as 90 days. Missing this notice step can end the claim even though the two-year filing deadline hasn't passed.
Families who suspect a government vehicle or road condition played a role should treat this as the real deadline.
Minor Children and Incapacitated Beneficiaries
Under Section 16.001, limitations periods are generally suspended while a person is under 18 or of unsound mind. Texas courts have applied this tolling to a minor child's own wrongful death claim, which can give that child more time than the adults in the family.
Tolling usually protects only the minor or incapacitated person's claim. A surviving spouse or adult child still faces the two-year deadline, so families should not wait on a child's extended timeline.
The Discovery Rule and Fraudulent Concealment
The discovery rule does not generally extend the deadline for a Texas wrongful death claim. Section 16.003(b) specifically provides that the claim accrues on the date of death, and the Texas Supreme Court has held that the discovery rule does not change that accrual date.
Fraudulent concealment is different. If a defendant knowingly conceals the facts giving rise to a claim, that conduct may toll limitations until the family discovers, or reasonably should have discovered, the concealed wrongdoing.
This exception is highly fact-specific and should not be counted on.
When the Defendant Leaves Texas
Section 16.063 suspends limitations for the time a defendant is absent from Texas. Courts have narrowed how this applies when a defendant can still be served through other means, so it rarely rescues a late claim on its own.
Wrongful Death Claims and Survival Actions Are Not the Same
After a fatal crash, Texas law allows two different claims. Families often assume they are one lawsuit, but they belong to different people and cover different losses.
The wrongful death claim is brought under Chapter 71 of the Civil Practice and Remedies Code for the surviving spouse, children, and parents. It compensates them for their own losses, such as lost financial support, loss of companionship, and mental anguish.
The survival action belongs to the estate. It covers what the person who died could have recovered had they lived, such as their medical bills, their pain and suffering before death, and funeral expenses.
Money from a survival action passes through the estate.
The timing also differs. A survival claim is the decedent's own injury claim, so it is measured from the date of injury. Texas law generally suspends that deadline for up to 12 months after death or until a personal representative is appointed, whichever comes first.
Who Can File a Wrongful Death Claim in Texas
Under Section 71.004 of the Texas Civil Practice and Remedies Code, a wrongful death claim can be brought by:
- The surviving spouse
- The children of the person who died
- The parents of the person who died
Any one of these family members can file the claim on behalf of all eligible beneficiaries.
Siblings, grandparents, and unmarried partners cannot bring a Texas wrongful death claim. Adult children can qualify, and parents can bring a claim for the death of an adult child.
If none of the eligible family members files within three calendar months after the death, the executor or administrator of the estate must generally bring the claim unless all eligible beneficiaries ask them not to.
Why Evidence Deadlines Arrive Long Before the Legal One
The two-year deadline is about filing a lawsuit. The evidence that proves the case operates on a much shorter clock.
- Truck data. Electronic logging devices and engine data from commercial trucks can show hours driven and speed, but carriers aren't required to keep all of it indefinitely.
- Video. Many businesses and traffic systems overwrite surveillance footage within days or weeks.
- Vehicles. Wrecked vehicles are often repaired, salvaged, or crushed, taking their event data with them.
- Autopsy and medical records. These records can be critical to proving cause of death, and requests take time.
A preservation letter sent early can require the other side to keep evidence it would otherwise discard. In trucking cases, where NMW Law Firm focuses much of its work, that step often shapes the entire claim.
If your family has lost someone and you aren't sure which deadline applies, NMW Law Firm can review the dates with you at no cost. You don't need to have every answer before that conversation.
What Happens If the Deadline Passes
If a wrongful death lawsuit is filed after the limitations period expires, the defendant can raise limitations as a defense and ask the court to dismiss the case.
When that defense applies, the family generally loses the ability to recover, regardless of how strong the facts are.
Before assuming a claim is too late, it is worth having the dates reviewed. One of the exceptions above may apply, or a separate claim, such as a survival action, may still be available.
FAQs for a Texas Wrongful Death Lawyer
How long do you have to file a wrongful death suit in Texas?
You generally have two years from the date of death to file a wrongful death lawsuit in Texas. Shorter notice deadlines apply to claims against government entities, and some exceptions can extend the time for minor children.
Confirming the specific deadline early helps protect the claim.
Does the Texas wrongful death deadline start at the accident or the death?
The Texas wrongful death deadline generally starts on the date of death, not the date of the accident. If an injured person dies weeks or months after a crash, the two-year period for the family's wrongful death claim usually runs from the day they passed away.
Can a sibling file a wrongful death claim in Texas?
No. Texas law limits wrongful death claims to the surviving spouse, children, and parents of the person who died. Siblings cannot bring a wrongful death claim, although an estate's survival action may still benefit other relatives through inheritance.
What is the statute of limitations for a survival action in Texas?
A Texas survival action generally follows the two-year deadline for the decedent's own injury claim, measured from the date of injury. Texas law suspends that deadline after death for up to 12 months or until a personal representative is appointed, whichever happens first.
Is there a different deadline if a truck driver caused the death?
A Texas wrongful death claim involving a commercial truck generally follows the same two-year deadline as other wrongful death claims.
Evidence deadlines in trucking cases are much tighter, because electronic logs, engine data, and dispatch records may not be kept long after a crash.
Before the Two Years Run Out
Losing someone suddenly leaves families with grief that doesn't follow a schedule, while the law does.
NMW Law Firm can confirm which deadlines apply, send preservation letters, and handle the insurers and the estate paperwork while your family takes the time it needs.
Families can reach the firm at any hour at (713) 714-2563, or through the El Paso, San Antonio, and Plano offices. Confirming your family's dates takes one conversation. Results depend on each family's circumstances.