Wrongful Death Statute of Limitations in Texas

After a death caused by someone else, the first weeks belong to your family and to grief. A harder question surfaces soon after, usually how long Texas actually gives you to act. The law sets a fixed deadline for filing a wrongful death claim, and its starting date is deceptively simple to get wrong.

If that window closes, it rarely opens again. If you miss that deadline, you lose the right to hold the at-fault party accountable for good, along with the support that could have helped your family steady itself. An insurer in no hurry to settle has every reason to let the months pass.

At LeMaster Law Firm, we help northwest Houston families understand this deadline and move before it passes. Our founding attorney, Jennifer LeMaster, spent years defending insurance companies before founding the firm in 2017, so she knows how they weigh a claim like yours. From the first conversation, we put that to work protecting your family’s filing window before it can close.

How Long Do Texas Families Have to File a Wrongful Death Claim?

While your family is still absorbing the loss, a filing deadline can feel like one more weight you did not ask to carry. In Texas, you generally have two years to file a wrongful death claim, counted from the date of your loved one’s death. That limit comes from Tex. Civ. Prac. & Rem. Code § 16.003(b).

Two years may seem like plenty of time. It passes faster than most grieving families expect. Gathering records, identifying everyone responsible, and preparing the claim all take time, so the sooner your family starts, the more time you have to work with.

When Do the Two Years Start to Run?

After a sudden death, families are often unsure whether the deadline counts from the day of the accident or the day their loved one died. In Texas, the two years start on the date of death. The same statute, § 16.003(b), sets the start by stating that the cause of action accrues on the death of the injured person.

Say your loved one was badly hurt in a crash and died several weeks later. The two years do not begin on the day of the crash. They begin on the day of death, which can leave your family a little more time than you first assumed.

This is one way a wrongful death claim differs from a personal injury claim. A personal injury deadline runs from the date of the injury itself, under § 16.003(a), the same two-year window that applies to a car accident claim in Texas. A wrongful death deadline is measured from the day your loved one passed, which may come weeks or months later.

Can Anything Pause the Two-Year Deadline in Texas?

If you are afraid the deadline has already passed or hoping something can extend it, that worry is understandable. A short list of narrow, fact-specific exceptions can pause the two-year period, and each one applies only in limited situations:

• A minor child’s claim: A child who lost a parent may have their own claim paused under Texas legal-disability tolling, § 16.001, which is often described as running until the child reaches adulthood.
• Delayed discovery: In narrow cases, a court may weigh whether the cause of death could not reasonably have been known at the time.
• Fraudulent concealment: When the at-fault party actively hid their role in the death, a court may account for that concealment.
• Legal incapacity: When a person entitled to file is of unsound mind, the same disability rule can apply.

Because these exceptions are narrow and depend so heavily on the facts, no family should assume one covers their situation. A lawyer can review the specific dates and circumstances and tell you where your family actually stands.

Who Can File a Texas Wrongful Death Claim?

When more than one relative survives, families are often unsure who actually holds the right to file.

Family Members the Law Allows to File

Texas limits a wrongful death claim to a specific group: the surviving spouse, the children, and the parents of the person who died, under § 71.004(a). Parents hold this right as full beneficiaries, with no condition that a surviving spouse or child come first. Any one of them can file for the benefit of everyone entitled to recover, and the way that recovery is later divided among the family follows its own rules. We explain how each group’s rights fit together in our article on who can file a wrongful death claim.

When the Duty to File Passes to the Estate

Texas adds one more timing rule that catches many families off guard. If none of the eligible family members has started the case within three calendar months of the death, § 71.004(c) directs the deceased person’s executor or administrator to bring it unless all of those family members ask them not to. This point does not shorten the two-year deadline. It shifts who is responsible for filing, so your family knows the claim will not simply lapse if grief keeps everyone from acting right away.

What Happens If You Miss the Two-Year Deadline?

Once two years pass, Texas law becomes far less forgiving. A court will almost certainly dismiss a wrongful death claim filed after the deadline, and with that dismissal, the chance to recover compensation for your family is generally gone for good. Courts treat this deadline as firm, so protecting the claim means acting within the two years.

If you are unsure how much time is left, a short conversation with a lawyer can confirm the exact date before any more of it slips away.

Frequently Asked Questions About the Texas Wrongful Death Statute of Limitations

Does Filing an Insurance Claim Stop the Two-Year Deadline?

No. Opening a claim with an insurance company or speaking with an adjuster does not pause the two-year filing deadline. Only a lawsuit filed in court within the two years preserves your right to pursue the claim. An insurer may keep the conversation going while the deadline quietly approaches, so it helps to confirm the exact date with a lawyer early.

Does the Deadline Change Depending on How My Loved One Died?

No. Whether the death came from a car crash, a truck collision, or another act of negligence, the wrongful death deadline is still two years from the date of death. The cause of the death does not change the filing window. What sets the deadline is the day your loved one passed.

My Loved One Died More Than a Year Ago. Can I Still File?

In most cases, yes. A wrongful death claim can generally be filed for two years from the date of death, so if the death occurred within that period, you likely still have time. The remaining window shortens each month, and filing sooner also helps preserve records and witness accounts while they remain available.

Is a Wrongful Death Claim the Same as a Survival Claim?

No. They are two separate claims that can follow a death, and each has its own rules. A wrongful death claim compensates the family for their own losses after losing a loved one. A survival claim belongs to the person’s estate and covers what your loved one could have claimed if they had lived. Because they work differently, a lawyer can explain how each one applies to your family.

Start Your Tomball Wrongful Death Claim Before the Filing Deadline Passes

If an adjuster is already calling and questions from relatives keep coming, deciding what to do next can feel like too much while you are still grieving. Our team at LeMaster Law Firm handles the filing timeline, the paperwork, and the back-and-forth with the insurance company, so your family can focus on each other. We offer free consultations and 24/7 intake, and you pay no fee unless the firm recovers compensation.

Reach out through our contact form or call (832) 356-7983 to get started while time is still on your side.