Understanding the Texas Wrongful Death Statute of Limitations in Texas: When Time Matters Most
Discovering that your loved one’s death was preventable is an incredibly difficult realization that can shatter your world. Learning this devastating news months or even years after the fact can be even more overwhelming, as grief you thought had begun to heal suddenly resurfaces with renewed intensity, disrupting your life all over again.
If you find yourself in this heartbreaking situation, you may be wondering whether too much time has passed to seek justice for your family. Many grieving families struggle with uncertainty about their legal rights, especially when significant time has elapsed since their loved one’s death. The truth is, while time limits do exist, understanding the nuances of Texas law can provide clarity and hope during this difficult period.
What Is a Statute of Limitations?
A statute of limitations establishes the maximum amount of time you have to initiate legal proceedings after an incident occurs. Think of it as a legal deadline—once this time period expires, you generally lose the right to file a lawsuit, regardless of the merits of your case. This concept exists to ensure that legal disputes are resolved while evidence is still fresh and witnesses’ memories remain clear.
For wrongful death cases, the statute of limitations creates a specific timeframe during which surviving family members can hold responsible parties accountable for their loved one’s death. Understanding these deadlines is crucial for protecting your family’s legal rights.
Texas Wrongful Death Statute of Limitations: The Two-Year Rule
Under Texas Civil Practice and Remedies Code Section 16.003, wrongful death claims must be filed within two years of the date of death—not the date of the incident that caused the death. This distinction is important because sometimes there can be a gap between when an accident occurs and when death results from those injuries.
For example, if your loved one was injured in a car accident on January 1st but passed away from those injuries on March 15th, the two-year statute of limitations would begin on March 15th, giving you until March 15th two years later to file your claim.
This two-year deadline is firm in most circumstances, which is why seeking legal guidance as soon as possible is essential. However, Texas law does recognize certain exceptional situations where this timeline may be extended.
Important Exceptions That May Extend Your Timeline
While the two-year rule is the general standard, several circumstances can “toll” (pause) the statute of limitations, providing additional time to file your claim:
When the Plaintiff Is a Minor
If a child loses a parent and no other eligible family member files a claim, that child can file their own wrongful death lawsuit after turning 18. The statute of limitations begins on their 18th birthday, not the date of death. However, it’s often preferable for a surviving parent or guardian to file the claim on the minor’s behalf within the original two-year period.
Delayed Discovery of Negligence
Sometimes families don’t immediately realize that negligence caused their loved one’s death. Medical malpractice cases often fall into this category, where the full extent of negligent care only becomes apparent months or years later. In cases involving fraudulent concealment, where the responsible party intentionally hides their wrongdoing, the statute of limitations may not begin until the negligence is discovered or reasonably should have been discovered.
Incapacitation of Family Members
If surviving family members are physically or mentally incapacitated following the same incident that killed their loved one, the statute of limitations may be tolled until they recover sufficiently to pursue legal action. This commonly occurs in accidents where multiple family members are involved and survivors require extensive medical treatment or recovery time.
Government Entities
Claims against government entities often have even shorter deadlines, sometimes requiring notice within six months of the incident. These cases require immediate attention from experienced legal counsel.
Who Can File a Wrongful Death Lawsuit in Texas?
Texas law is specific about who has the legal standing to file a wrongful death claim. Under Chapter 71 of the Texas Civil Practice and Remedies Code, eligible parties include:
- Surviving spouse
- Children (including legally adopted children)
- Parents (including adoptive parents)
Notably, Texas law does not permit siblings, grandparents, or other relatives to file wrongful death claims unless they fall into one of the eligible categories above.
If none of the eligible family members file a claim within three months of the death, the personal representative or executor of the deceased’s estate may file on behalf of the family.
Why Time Matters: The Challenges of Delayed Claims
While exceptions to the statute of limitations do exist, pursuing a wrongful death claim years after the incident presents unique challenges that make prompt action preferable whenever possible:
Evidence Preservation: Physical evidence may deteriorate, be lost, or destroyed over time. Security footage is often deleted, accident scenes change, and medical records may become harder to obtain.
Witness Availability: Witnesses’ memories fade, and they may become difficult to locate or may pass away themselves.
Financial Documentation: Calculating damages becomes more complex when years have passed, requiring extensive documentation of ongoing financial impacts.
Emotional Toll: While the grief never truly goes away, reopening these wounds years later can be particularly challenging for families who thought they had found some measure of peace.
Understanding the Damages You Can Pursue
When time permits and you’re able to file a wrongful death claim, Texas law allows recovery of several types of damages. As we detailed in our comprehensive guide on what damages you can claim in a Texas wrongful death lawsuit, families may be entitled to compensation for:
- Medical expenses incurred between the injury and death
- Funeral and burial costs
- Lost wages and future earning capacity
- Loss of care, comfort, companionship, and support
- Pain and suffering of both the deceased and survivors
- In cases of gross negligence, exemplary (punitive) damages
The specific damages available in your case depend on your unique circumstances, your loved one’s age and earning capacity, and the relationships involved.
Taking Action: Why Professional Guidance Matters
If you’re questioning whether you still have legal options after your loved one’s death, the most important step is to consult with experienced wrongful death attorneys immediately. Even if you believe too much time has passed, there may be exceptions or circumstances you’re unaware of that could preserve your rights.
During a free consultation, we can:
- Evaluate whether any statute of limitations exceptions apply to your situation
- Assess the strength of your potential claim
- Explain the specific damages available in your case
- Provide honest guidance about your legal options
- Help preserve crucial evidence before it’s lost
Moving Forward with Compassion and Expertise
At Angel Reyes & Associates, we understand that no timeline can adequately measure the depth of your loss or the complexity of your grief. Our 30 years of experience and nearly $1 billion in recoveries for clients reflect not just our legal expertise, but our deep commitment to helping families find justice and financial stability during their darkest hours.
We recognize that every day matters when it comes to preserving your legal rights, but we also understand that grief doesn’t follow legal deadlines. Whether your loss was recent or occurred years ago, we encourage you to reach out for a free, confidential consultation.
Don’t let uncertainty about time limits prevent you from exploring your options. Contact our compassionate team today for your free case review. We’re available 24 hours a day because justice and peace of mind shouldn’t have to wait.
Remember, we work exclusively on a contingency fee basis—you won’t pay any attorney fees unless we successfully recover compensation for your family. This allows you to focus on healing while we handle the legal complexities and fight for the justice your loved one deserves.
FAQs
What constitutes wrongful death in Texas?
The exact circumstances that constitute wrongful death in Texas, according to Texas Statutes section 71.001, is a “wrongful act, neglect, carelessness, unskillfulness, or default” that results in an otherwise preventable fatality.
What is the average wrongful death settlement in Texas?
It is hard to put a value on Texas's average wrongful death settlement because settlement values are so different. Each case has unique and specific damages and circumstances contributing to the settlement amount. When you look at the various factors that contribute to the damages you can claim, you will understand how settlements can range from a few thousand to millions of dollars. Thus, there is no average for wrongful death settlements. A lawyer can only give you an estimate after a consultation. Online calculators are rarely accurate because they do not collect all the necessary data.
What is crucial when collecting evidence for wrongful death?
Wrongful death lawsuits are often difficult because the family is grieving. It is hard to remain present enough to collect evidence. Even if you file a claim years later, it can still be challenging. The one thing you should always endeavor to have, and the first thing your lawyer will ask for, is a copy of your loved one’s medical records. This will hold the necessary evidence to prove wrongful death. In addition to this, any accident reports, eyewitness accounts, photos, medical bills and funeral costs will also help your case.
The best wrongful death lawyers in Texas
The Texas wrongful death statute of limitations is two years. This time starts from the moment your loved one passes away, or you discover that their death was due to negligence. In some cases, the statute of limitations may be tolled until a minor comes of age or an injured plaintiff recovers. No matter the situation, it is important that you contact an experienced wrongful death lawyer who can assist you with your case. The lawyers at Angel Reyes & Associates have over three decades of experience in this extremely challenging field, and know how to handle these cases with sensitivity and grace. They understand the importance of seeking the compensation you deserve and giving you the closure you need to honor your loved one. Get in touch with us today to discuss the next steps in your wrongful death lawsuit journey.
