Texas Wrongful Death Statute of Limitations

Texas wrongful death deadlines at a glance

Important: This table is a starting point, not a deadline calculator. A lawyer must review the facts, the defendant, and every possible claim.

How the ordinary two-year rule works

The general rule appears in Texas Civil Practice and Remedies Code §16.003(b). For an ordinary wrongful death claim, the two-year period usually starts on the date of death—not the date of the injury that later caused the death.

For example, suppose a crash happens on March 10 and the injured person dies on March 25. The ordinary wrongful death deadline would generally be measured from March 25, two years later. That example can change if a special statute applies or the injured person’s own claim was already too old before death.

The lawsuit does not usually have to be settled within two years. It generally must be filed within the correct period, and the defendants must be served with reasonable diligence.

An insurance claim does not preserve the lawsuit

Opening a claim, sending medical records, signing an authorization, or trading settlement offers does not usually stop the statute of limitations. An insurer can continue talking while the filing deadline approaches. The safer approach is to calculate the deadline independently of the claim process.

Filing on the last day also creates risk. Under Proulx v. Wells, a plaintiff who files before limitations expires must still use due diligence to have the defendant served. Unexplained delay can put an otherwise timely case in danger.

An older injury can defeat a later wrongful death claim

Texas wrongful death law is tied to the claim the deceased person could have brought. Under Texas Civil Practice and Remedies Code §71.003(a), a wrongful death action exists only if the injured person could have filed a claim had they lived.

The Texas Supreme Court made that point clear in Russell v. Ingersoll-Rand. If the deceased person’s claim was already barred immediately before death, the family may not receive a new two-year period just because death occurred later.

This issue is easy to miss in cases involving a long illness, an old product exposure, or medical care that happened years earlier. It is less common after a recent crash, but every timeline still needs to be checked.

Does the discovery rule extend the wrongful death deadline?

Usually not for the family’s ordinary wrongful death clock. Texas courts generally treat the date of death as a fixed and knowable date. Learning the exact cause later does not automatically restart the two-year period.

The Texas Supreme Court’s discussion of wrongful death accrual explains the difference. A discovery rule may affect when the deceased person’s underlying injury claim accrued. That is a separate question from the beneficiaries’ deadline after death.

Fraudulent concealment is also different from the discovery rule. It may pause a deadline when a defendant actually conceals the wrong, but the family must prove the concealment and show reasonable diligence. It is a narrow, fact-specific argument—not a backup plan for a late filing.

Minor beneficiaries and legal incapacity

Under the general tolling rule in Texas Civil Practice and Remedies Code §16.001, a minor beneficiary’s own wrongful death claim is usually paused until the child turns 18. That protection belongs to the child. It does not extend the deadline for an adult spouse, adult child, or parent who also has a claim.

A parent or other representative can often bring the child’s claim sooner as a next friend. Waiting can still hurt the case because evidence does not wait. Special statutes, including Texas medical liability law, can also change the result.

Texas law can toll a deadline for a person of unsound mind, but that is a legal standard tied to the ability to participate in and protect a claim. Grief, depression, or the understandable shock after a death does not automatically meet that standard.

A defendant’s absence from Texas usually does not stop the clock

People sometimes assume the deadline pauses whenever a defendant moves or travels outside Texas. That is not a safe assumption. If the defendant remains subject to Texas jurisdiction and can be served, physical absence alone generally does not toll limitations.

The Texas Supreme Court confirmed that point in Ferrer v. Almanza. The practical lesson is simple: do not wait for a driver, company, or other defendant to return to Texas before protecting the claim.

Medical negligence can have an earlier deadline

Medical wrongful death claims require a separate calculation. Texas Civil Practice and Remedies Code §74.251 generally measures the two-year period from the alleged breach, the end of treatment, or the end of hospitalization. In some cases, that period can expire before the patient dies.

Texas law also requires written presuit notice to each health care provider. The notice rules in §74.051 include a medical authorization form. A compliant notice can toll limitations for 75 days. The Texas Supreme Court’s decision in Carreras v. Marroquin shows why the required authorization cannot be treated as a technical detail.

Government claims may require notice in weeks or months

A case involving a city, county, state agency, public hospital, school district, or other government unit may have a notice deadline well before the lawsuit deadline. The Texas Tort Claims Act notice statute generally calls for formal notice no later than six months after the incident. A local charter can require earlier notice.

For example, the City of Houston’s claim instructions state that written notice is generally required within 90 days. That city rule should not be assumed to govern Harris County, METRO, the State of Texas, or another public entity. Each defendant must be identified and checked separately.

Texas law recognizes an actual-notice exception in some cases, but it is heavily disputed and fact dependent. A family should not rely on the idea that the government must already know what happened. Send proper notice when required and preserve proof that it was sent.

Wrongful death and survival actions can have different clocks

A wrongful death claim compensates the surviving spouse, children, and parents for their own losses. A survival action continues a claim the deceased person could have brought for injuries suffered before death. The same event can support both, but the deadlines are not always the same.

A survival claim follows the underlying claim’s limitations period. Texas Civil Practice and Remedies Code §16.062 may suspend that period for up to 12 months after death, depending on when a personal representative qualifies. It is not a new two-year period and should not be used as a reason to delay.

Why the evidence clock is often shorter

Greg Baumgartner’s practical approach is to work backward from the evidence most likely to disappear. That changes the first steps in a fatal case. The goal is not to rush a grieving family. It is to protect their ability to learn what happened before the proof is gone.

• Preserve security, traffic, dash-camera, and phone video.
• Secure vehicles, equipment, product parts, and electronic data before they are repaired or destroyed.
• Request driver logs, dispatch records, maintenance files, and company safety records.
• Identify witnesses while their memories are fresh and their contact information still works.
• Obtain medical examiner, police, fire, and emergency records before gaps become harder to explain.

This is why Baumgartner Law Firm uses a selective caseload. In an accepted fatal case, Greg can focus on the investigation, the legal deadlines, and the people behind the file—not just the claim number.

Frequently asked questions

Does the case have to settle within two years?

No. The ordinary rule generally requires the lawsuit to be filed within the correct period. The defendants must then be served with reasonable diligence. Settlement can happen later.

Does an insurance claim or demand letter stop the deadline?

Usually no. Claim forms, demand letters, negotiations, and partial payments do not normally pause the statute of limitations. Get any tolling agreement in writing and have a lawyer review it.

What if my loved one died months after the accident?

The ordinary wrongful death period usually starts on the date of death. The survival claim and the deceased person’s underlying injury claim may follow a different timeline, so both must be calculated.

Can the deadline be shorter than two years?

Yes. Medical liability law can measure time from treatment rather than death. A government claim may require notice in 90 days or six months. A statute of repose can create an outside deadline even when another tolling rule might apply.

Does a criminal case pause the civil deadline?

Do not assume it does. A criminal investigation or prosecution and a civil wrongful death claim usually move on separate tracks. The family may need to act before the criminal case ends.

Can a minor beneficiary wait until age 18?

Texas’s general tolling rule often protects a minor’s own claim, but it does not protect adult beneficiaries. Special statutes can also change the rule. Early action is usually better because key evidence may not last.

What if more than two years have passed?

Ask for a case-specific review right away. A minor beneficiary, legal incapacity, fraudulent concealment, a survival statute, or another narrow rule may matter. These exceptions are limited, and no one should promise that a late claim can be saved without studying the full timeline.

Related wrongful death resources

These pages explain the other parts of a Texas wrongful death case. They are grouped here so readers can continue from the main topic without interrupting the deadline guidance above.

• Houston wrongful death lawyer
• Who can file a wrongful death claim in Texas?
• Texas survival actions after a fatal accident
• How to file a wrongful death lawsuit in Texas
• How to prove wrongful death in Texas
• How wrongful death settlements are divided

Talk directly with Greg Baumgartner

You do not need every report or record before asking for help. What matters first is the timeline: when the event happened, when your loved one died, who may be responsible, and whether a government or health care provider is involved.

Call Baumgartner Law Firm at 281-587-1111 or request a free, confidential consultation. Greg personally handles the fatal cases the firm accepts. There is no attorney fee unless the firm makes a recovery for you.