How Long Do Texas Wrongful Death Cases Typically Take to Resolve?

When a family loses a loved one due to the negligence or wrongful act of another, the grief is profound. The emotional weight of the loss is overwhelming, and in the midst of this personal tragedy, practical and financial burdens begin to mount. Medical bills from the final injury, funeral and burial expenses, and the sudden loss of a primary income earner create a level of stress that is hard to bear. It is in this disorienting period that families begin to ask a necessary and practical question: If we pursue a legal claim, how long will it take?

What Is a Wrongful Death Lawsuit in Texas?

To see why the timeline varies, it helps to first establish what a wrongful death claim is under the law. In Texas, a wrongful death lawsuit is a specific type of civil claim brought by the surviving family members of a person who was killed due to another’s “wrongful act, neglect, carelessness, unskillfulness, or default.” This is codified in the Texas Civil Practice and Remedies Code, Chapter 71.

This is a distinct claim from a “survival action,” which the estate of the deceased person might file to recover for the damages the victim suffered before their death (like their medical bills and conscious pain). The wrongful death claim, by contrast, is meant to compensate the family members for their own, personal losses.

Under Texas law, a wrongful death claim can only be filed by the surviving spouse, children, or parents of the deceased.

The Texas Statute of Limitations: An Unforgiving Deadline

Before discussing the length of a case, the most important timeline to know is the one for filing it. This is called the statute of limitations, and it is an absolute, unforgiving deadline.

In Texas, a wrongful death lawsuit must be filed within two years of the date of the person’s death.

This is governed by Texas Civil Practice and Remedies Code § 16.003(b). If you fail to file the lawsuit within this two-year window, the court will almost certainly dismiss your case, and your family will be permanently barred from recovering any compensation. While there are a few very narrow exceptions (like the “discovery rule,” where the cause of death was not immediately known), families should operate under the assumption that the two-year deadline is firm. This is why it is so important to speak with a knowledgeable attorney long before this deadline approaches.

The Stages of a Wrongful Death Case: A Step-by-Step Breakdown

The length of a case is determined by the time it takes to move through its required legal phases. A case cannot be properly settled or taken to trial until each of these steps is complete.

Phase 1: Investigation and Evidence Gathering (Pre-Suit)

• Timeframe: 1 to 6 months
  This is the work that happens before a lawsuit is ever filed. Your attorney will conduct a thorough investigation to identify all potentially at-fault parties, secure critical evidence, and begin to build the case.
• Preserving evidence (like black box data from a commercial truck or video surveillance).
• Interviewing witnesses.
• Obtaining police reports, autopsy reports, and medical records.
• Hiring initial experts (like accident reconstructionists) to determine how the incident occurred.

Phase 2: Filing the Petition and Serving the Defendant

• Timeframe: 1 to 3 months
  Once the investigation is complete, your attorney will draft a “Petition.” This is the formal legal document that initiates the lawsuit. It names the defendants, lays out the facts of the case, and states the legal claims. This Petition is filed with the court, and then each defendant must be formally “served” with the lawsuit, a process that can sometimes be difficult if a defendant is hard to locate. The defendants then have a specific amount of time (usually about 30 days) to file their “Answer” with the court.

Phase 3: The Discovery Process (The Longest Phase)

• Timeframe: 6 months to 2+ years
  Discovery is the longest and often most contentious part of any lawsuit. This is the formal legal process where both sides exchange all information and evidence relevant to the case. This phase is what prevents “surprises” at trial and allows both sides to evaluate the strengths and weaknesses of their case.
  Activities in discovery include:
• Written Discovery: Sending and answering formal questions (Interrogatories) and requests for documents (Requests for Production).
• Depositions: Questioning witnesses, defendants, and experts under oath in front of a court reporter. This is a critical part of the case and can take months to schedule and complete for all parties.
• Expert Discovery: Both sides hire and designate experts (medical, economic, vocational, etc.) who write detailed reports and are then deposed by the opposing side. This is especially time-consuming in complex cases.

Phase 4: Mediation and Settlement Negotiations

• Timeframe: 1 to 2 days (but scheduled after discovery)
  Most Texas courts require parties to attempt to resolve their case through mediation before they can get a trial date. Mediation is a formal settlement conference led by a neutral third-party mediator. The goal is to find a resolution without going to trial. A successful mediation can end the case. If it fails, the case continues toward trial.

Phase 5: Trial and (Potentially) Appeals

• Timeframe: 1 week to 1 month (for the trial itself)
  If the case does not settle, it will be set for trial. A trial can last anywhere from a few days for a simple case to several weeks for a complex one involving multiple experts and defendants. After a jury or judge renders a verdict, the losing party may have the right to appeal the decision to a
  higher court, a process that can add one to two more years.

What Key Factors Influence the Timeline of a Wrongful Death Claim?

The phases above are the roadmap, but the factors below are what determine the speed. These are the specific issues that can significantly lengthen the time it takes to resolve your family’s case.

• The Complexity of Liability: Proving who was at fault is a primary driver. A rear-end car accident with a drunk driver is much simpler than a medical malpractice case (which requires extensive expert testimony) or a product liability case (which involves complex engineering).
• The Number of Defendants: A case against a single driver is faster than a case against a trucking company, its driver, the cargo loader, and the truck’s maintenance provider. Each defendant has their own lawyers and legal strategies, multiplying the work in the discovery phase.
• The Insurance Company’s Tactics: The stance of the insurance carrier is paramount. If the insurer accepts liability and is willing to negotiate fairly, the case can resolve much faster. If the insurer denies the claim, fights every point, or uses “delay, deny, defend” tactics, the case will be forced to go deeper into litigation.
• The Severity of Damages: This may seem counterintuitive, but cases involving very high damages often take longer. This is because the insurer has more to lose and will fight harder. Furthermore, calculating the full extent of a family’s loss (especially future lost income and loss of companionship over decades) requires time and detailed reports from economic experts.
• Probate Court Complications: Before a wrongful death suit can be filed or settled, the court may need to formally appoint a representative for the deceased’s estate. This involves the probate court, which is a separate legal process that adds time, paperwork, and potential complications, especially if there is no will or if family members disagree.
• The Specific Jurisdiction: Some Texas counties have very crowded court dockets. Getting a trial date in a major metropolitan area like Harris County or Dallas County can sometimes take longer than in a more rural county.
• The Defendant’s Willingness to Settle: Ultimately, a case settles when the defendant (or their insurance company) is motivated to pay. This motivation often only comes after your attorney has spent months or years in discovery, building a mountain of evidence that makes it clear a jury will likely find them at fault.

How Long Does It Take to Get a Settlement in a Wrongful Death Case?

A settlement is an agreement to resolve the case for a certain amount of money without going to trial. A settlement can happen at any time, but it generally occurs at one of two points:

• Pre-Suit Settlement: This is the fastest possible resolution. If liability is clear and the insurance policy limits are obvious (e.g., a fatal car accident with a $100,000 policy), the case might be settled in a few months after the initial investigation. This is, however, not common for high-value cases.
• Post-Discovery Settlement: This is far more common. The case is settled after the discovery phase is complete, typically during or shortly after mediation. At this point, both sides have all the facts and expert opinions and can make a realistic assessment of what a jury might do at trial. This type of settlement often occurs 1 to 2 years after the lawsuit was first filed.

Can a Wrongful Death Case Be Resolved Quickly?

It is natural to want the process to be over as quickly as possible. The emotional toll of a lawsuit is high, and families need financial relief. However, a fast resolution is often not a good resolution.

Insurance companies know families are in a vulnerable position. They may offer a “quick” settlement in the weeks after the death. This offer is almost always a lowball amount that does not come close to covering the family’s true, long-term losses. Accepting it means forfeiting the right to ever seek more compensation.

A proper case takes time because it is a meticulous process. Building a case that demonstrates the full value of a family’s loss—including decades of lost income, lost inheritance, and the profound, personal loss of love and companionship—cannot be rushed. The goal is not a fast settlement; it is a full and fair resolution, and that requires time and preparation.

What Damages Can Be Recovered in a Texas Wrongful Death Claim?

The reason these cases are so complex is that the damages are so significant. In Texas, there are two main categories of damages available.

Wrongful Death Damages (For the Family):

These are paid directly to the surviving spouse, children, and parents for their personal losses.

• Loss of the deceased’s future earning capacity
• Loss of inheritance, including what the deceased would have saved and left to the family
• Loss of household services (like childcare, home maintenance, etc.)
• Loss of companionship, society, and comfort
• Mental anguish and emotional pain
• Loss of parental guidance (for surviving children)

Survival Damages (For the Estate):

This claim is brought by the estate’s representative and seeks damages for what the deceased person suffered.

• Medical expenses incurred before death
• Funeral and burial expenses
• The conscious pain and suffering the deceased experienced before they passed away

In some cases, where the defendant’s conduct was particularly reckless or malicious, a family may also be able to pursue punitive damages (also called exemplary damages) meant to punish the wrongdoer.

How a Wrongful Death Attorney Helps Navigate This Process

This timeline is daunting. It is a long, complex legal journey that no family should ever have to walk alone. The role of an experienced wrongful death attorney is to take this entire burden off your shoulders.

A legal team manages every aspect of the case, from the initial investigation to the final resolution. This includes:

• Immediately sending preservation letters to secure critical evidence.
• Hiring the right team of experts (reconstruction, medical, and economic).
• Managing all communications with the insurance companies.
• Meeting every legal deadline and navigating the complex court procedures.
• Building the case for mediation and, if necessary, for trial.

This allows your family to focus on what matters most: grieving, healing, and finding a way to move forward together.

Contact Our Texas Wrongful Death Law Firm Today

If your family is facing the devastating loss of a loved one, you do not have to find the answers alone. You deserve to know your rights and have your options explained in a professional, no-pressure environment. Contact the Will Adams Law Firm today at (281) 371-6345 for a free and confidential consultation. Let us take immediate action to protect your family and begin the fight for the justice and compensation you deserve.