In Texas, a wrongful death claim must be filed within two years of the date of your loved one’s death. This deadline is established by Tex. Civ. Prac. & Rem. Code § 16.003 and applies to both wrongful death claims and survival claims. Missing this deadline will almost certainly bar your family from recovering any compensation.
Chris Sanchez is a personal injury attorney at The Relentless Lawyer, serving McAllen, Edinburg, Pharr, Mission, and the Rio Grande Valley, Texas.
The Two-Year Statute of Limitations for Texas Wrongful Death Claims
Texas wrongful death law, codified at Tex. Civ. Prac. & Rem. Code §§ 71.001–71.012, does not contain its own specific limitations period. Instead, courts apply the general two-year personal injury statute of limitations found in Tex. Civ. Prac. & Rem. Code § 16.003. The limitations period begins on the date the deceased died — not the date of the underlying accident or incident if those are different dates.
For example, if a family member was involved in a car accident and died in the hospital three weeks later from their injuries, the two-year clock for the wrongful death claim begins running on the day they died, not on the day of the accident. The survival claim — which covers the deceased’s pre-death pain, suffering, and losses — also accrues on the date of death.
Why the Deadline Is Strictly Enforced
Texas courts apply statutes of limitations strictly. If you file your lawsuit even one day after the two-year deadline, the defendant will file a motion to dismiss based on limitations. Courts grant these motions as a matter of law. There is no equitable exception that allows a judge to excuse a late filing simply because the case has merit or because the family was grieving. Once the deadline passes, the right to seek compensation is gone.
This is why early consultation with a wrongful death attorney is so important. Two years may seem like ample time, but building a wrongful death case — investigating the cause of death, identifying all liable parties, retaining experts, gathering evidence — requires substantial preparation. Cases filed at the last moment are often filed without the benefit of key evidence that was lost because no preservation steps were taken early on.
The Same Deadline Applies to Survival Claims
A survival claim under Tex. Civ. Prac. & Rem. Code § 71.021 is a separate cause of action from a wrongful death claim, but it is subject to the same two-year limitations period. The survival claim belongs to the deceased’s estate and compensates for the pain, suffering, medical expenses, and lost earnings the deceased experienced between the injury and death.
Because both claims share the same deadline, it is critical that the estate’s personal representative and the qualifying family members coordinate with an attorney promptly after the death to ensure both claims are timely filed — whether together or separately.
Exceptions That May Toll the Limitations Period
Minor Beneficiaries
If one or more of the qualifying beneficiaries — the deceased’s spouse, children, or parents — is a minor at the time of the death, the statute of limitations for that minor’s individual claim is tolled under Tex. Civ. Prac. & Rem. Code § 16.001 until the minor turns 18. At that point, the two-year clock begins to run for their personal claim.
For example, if a parent is killed and leaves behind a 10-year-old child, that child’s individual wrongful death claim is tolled until age 18, giving them until age 20 to file. However, the surviving parent or other eligible family members must still file their own claims within two years of the death, and a guardian may file on the child’s behalf during that window.
The Discovery Rule in Delayed-Death Cases
In rare cases where the connection between a wrongful act and the death is not immediately apparent — for example, in cases involving occupational disease, latent toxic exposure, or delayed manifestation of a medical negligence injury — the discovery rule may delay the start of the limitations period. Under the discovery rule, the limitations clock begins when the plaintiff knew or should have known, in the exercise of reasonable diligence, of the wrongful cause of death.
Texas courts apply this exception narrowly, and it is not available in most wrongful death cases where the cause of death is evident. If you believe the discovery rule may apply to your situation, consult an attorney immediately.
Fraudulent Concealment
If the party responsible for the death actively concealed facts that prevented the family from discovering their claim — for example, by destroying evidence, falsifying records, or making affirmative misrepresentations — the doctrine of fraudulent concealment may toll the limitations period until the family discovered or should have discovered the truth.
Criminal Charges Do Not Pause the Civil Deadline
Many families assume that if police are investigating the death, or if criminal charges have been filed against the responsible party, the civil statute of limitations is paused. This is incorrect. The civil wrongful death deadline and the criminal justice timeline are completely independent. A criminal investigation, arrest, or even a pending trial does not stop the two-year civil deadline from running.
In fact, families should file their civil wrongful death lawsuit as early as possible — even before the criminal case is resolved — to preserve their rights and allow civil discovery to proceed. Evidence gathered in the criminal investigation can often be used in the civil case, and a criminal conviction can serve as powerful evidence of liability in the civil proceedings.
Why Early Evidence Collection Is Critical
Even when you have two years to file, prompt action after a wrongful death is essential for the following reasons:
- Accident scenes are cleaned, repaired, and altered quickly — early investigation and documentation capture conditions at the time of the incident
- Surveillance footage from traffic cameras, businesses, and private properties is routinely overwritten within days
- Witnesses’ recollections fade and witnesses become harder to locate over time
- Physical evidence — vehicles, equipment, and products — may be repaired, destroyed, or modified before a case is filed
- Financial records needed to calculate lost income damages should be gathered and preserved early
- Expert witnesses need time to review evidence, form opinions, and prepare reports
An attorney can immediately send litigation hold letters demanding that all potentially liable parties preserve relevant documents, recordings, and physical evidence. This is one of the most valuable steps an attorney can take in the immediate aftermath of a wrongful death.
For a free consultation, contact Chris Sanchez at The Relentless Lawyer at therelentlesslawyer.com or call our McAllen office.
Frequently Asked Questions
When does the two-year clock start in a Texas wrongful death case?
The clock starts on the date your loved one died, under Tex. Civ. Prac. & Rem. Code § 16.003. In cases where an injury preceded death by days or weeks, the wrongful death deadline runs from the date of death, not the date of the underlying injury.
Does filing a life insurance claim or workers’ compensation claim stop the wrongful death deadline?
No. Neither insurance claims, workers’ compensation proceedings, nor settlement negotiations toll the civil statute of limitations. The only way to preserve your right to sue is to file a petition in court before the two-year deadline expires.
What if the responsible party is being prosecuted criminally — does that stop the civil deadline?
No. Criminal proceedings are completely separate from civil wrongful death claims. The civil statute of limitations continues to run regardless of the status of any criminal case. Your family should consult a civil attorney immediately, even if criminal charges are pending.
Can a minor child’s wrongful death claim be time-barred in Texas?
A minor beneficiary’s individual wrongful death claim is tolled until they turn 18 under § 16.001, but claims of adult surviving family members are not tolled. An attorney or guardian can also file on the minor’s behalf before the general two-year deadline to protect all claims simultaneously.
Does the survival claim have the same deadline as the wrongful death claim?
Yes. The survival claim under § 71.021 is also subject to the two-year limitations period running from the date of death. Both claims should be filed together and before the same deadline.
What happens if the two-year deadline is missed in a Texas wrongful death case?
The defendant will file a limitations defense, and the court will dismiss the case. The family loses their legal right to compensation permanently. No exception based on the merits of the case or the severity of the loss will save a late filing.
Is there a shorter deadline if the death was caused by a government entity in Texas?
Yes. Claims against Texas government entities are subject to the Texas Tort Claims Act (Tex. Civ. Prac. & Rem. Code Chapter 101), which requires a formal notice of claim — often within six months of the incident. Failing to provide proper notice can bar a claim even within the two-year period. Contact an attorney immediately if a government entity may be responsible.