Understanding the Wrongful Death Statute of Limitations in Texas
If you’ve experienced the wrongful death of a loved one that occurred because of someone else’s neglectfulness or carelessness, you are familiar with a deep kind of pain that no one should have to experience. The death of your spouse, parent or child has changed your life forever, and it could have and should have been prevented.
Everyone handles grief in their own way, but some people are reluctant to pursue a wrongful death claim and would prefer to move past the incident. Nothing can bring back your loved one, but compensation from a wrongful death lawsuit can help with any lost wages, lost household labor contributions, and provide a head start for young children.
The deceased person’s family, meaning the surviving spouse, child or parents, have two years to file a claim before the Texas wrongful death statute of limitations runs out. If they do not file within three months, the executor of the deceased person’s estate may file the wrongful death claim.
However, it may take a wrongful death lawyer time to investigate and prepare the case, so it is better to start working with an attorney as soon as you can. With an advocate on your side, like the team Will Adams Law Firm, you can be assured that you will receive compassion and support as you seek closure and justice for the death of your loved one.
When Does the Texas Wrongful Death Statute of Limitations Begin?
Navigating the aftermath of a loved one’s passing is an emotionally overwhelming experience. Amidst the grief and the logistics of final arrangements, legal timelines often feel like a secondary concern. However, understanding the “statute of limitations”—the legal deadline for filing a lawsuit—is critical to preserving your family’s right to seek justice and financial recovery.
In Texas, the statute of limitations for a wrongful death claim is generally two years. But for many families, the most pressing question isn’t just “how long,” but “when does the clock actually start?”
The Accrual Date: When the Clock Starts Ticking
The legal terminology used in the Texas Civil Practice and Remedies Code states that a wrongful death action must be commenced “not later than two years after the day the cause of action accrues.”
In the vast majority of cases, the date of accrual is the date of the individual’s death. This is a vital distinction to make, as the date of death may be significantly different from the date of the underlying accident. For example, if a victim is injured in a catastrophic car accident on January 1st but succumbs to those injuries on February 1st, the two-year clock for a wrongful death claim typically begins on February 1st.
It is important to understand that while the accident itself may have given the victim a cause for a personal injury claim during their lifetime, the wrongful death claim is a separate legal action belonging to the surviving statutory beneficiaries (parents, children, or spouses). It is the death itself that initiates this specific statute of limitations.
Filing vs. Settling: Understanding the Deadline
A common misconception is that a wrongful death case must be completed or settled within the two-year window. In reality, the statute of limitations only applies to the initial filing of the lawsuit. As long as the formal legal complaint is filed in the appropriate court before the two-year mark, the case remains “active.” The subsequent litigation, discovery phase, and trial or settlement negotiations can—and often do—extend well beyond the two-year anniversary of the death.
Tolling the Statute: Exceptions to the Two-Year Rule
While the two-year rule is strict, Texas law recognizes that certain circumstances make it impossible or unfair to expect a filing within that timeframe. When a deadline is paused or delayed, it is legally referred to as “tolling.” There are several primary scenarios where the statute of limitations may be extended:
- The Minor Child Exception
If the statutory beneficiary is a minor (under the age of 18) at the time of their parent’s death, the statute of limitations does not begin to run until that child reaches the age of legal majority. In Texas, this means a child could potentially file a wrongful death claim up until their 20th birthday (two years after turning 18). While a guardian can certainly file on the minor’s behalf much sooner, the law protects the child’s individual right to seek justice once they are an adult.
- The Discovery Rule
In some complex cases, the cause of death or the negligence involved is not immediately apparent. If the negligence was intentionally concealed by the responsible party, or if a reasonable person would not have discovered the negligence right away (often seen in medical malpractice or toxic exposure cases), the “Discovery Rule” may apply. In these instances, the clock may not start until the date the negligence was discovered or should have been discovered through reasonable diligence.
- Physical or Mental Incapacity
If the person entitled to bring the claim is incapacitated—perhaps because they were injured in the same accident that killed their loved one—the statute may be tolled. If a surviving spouse is in a coma or suffering from severe cognitive impairment following the accident, the law may pause the clock until they are deemed legally competent or “sound of mind” again.
- Fraudulent Concealment
If a defendant takes active steps to hide their liability or the facts surrounding the death, the court may prevent them from using the statute of limitations as a defense. This ensures that wrongdoers cannot escape justice by simply hiding their tracks for two years.
Seeking Justice and Closure
Missing the statute of limitations is a terminal error for a legal case; once the window closes, the right to sue is usually lost forever. This is why consulting with a wrongful death attorney as soon as possible is vital.
A compassionate firm, such as Will Adams Law Firm PLLC, understands that you need space to grieve. By handling the rigorous demands of filing deadlines, evidence preservation, and legal strategy, an attorney allows you to focus on your family while ensuring that your legal options remain protected. You deserve compassion, support, and a dedicated advocate to help you seek the closure and justice your loved one deserves.
Exceptions to the Statute of Limitations on a Wrongful Death Claim
Certain circumstances may either delay the start date of the wrongful death statute of limitations, or they may pause it. This is called “tolling” the statute of limitations. If this happens, you have additional time to file a wrongful death claim for your loved one.
- As a minor child, the statute of limitations does not initiate until the child turns 18. It is always possible to file the wrongful death lawsuit prior to the minor turning 18, but if they choose to wait, they can.
- If you were reasonably unaware of the negligence, or the negligence was concealed, then the wrongful death statute of limitations does not begin until the day you discovered the negligence.
- If you were incapacitated, such as if you were involved in the same car accident that caused the wrongful death claim, then the statute of limitations does not begin until you are competent again. Mental or physical impairment may qualify as incapacitation.
A wrongful death lawyer can answer your specific questions if you have reason to believe your wrongful death claim should be tolled. A compassionate firm, like Will Adams Law Firm, can respectfully allow you to grieve while also making sure you are educated on your legal options.
Wrongful Death Lawsuit vs. Criminal Murder Case
Criminal murder charges are different from a wrongful death claim. For one thing, there is no statute of limitations on murder charges. This is a criminal case, whereas a wrongful death claim is a civil case.
In wrongful death claims, the victim is seeking financial compensation in the form of damages, much like in personal injury claims. If the defendant is facing criminal murder charges, their guilt must be proved “beyond a reasonable doubt,” and the consequences of a conviction can be a jail or prison sentence.
It is possible for one defendant to face both a wrongful death lawsuit and criminal charges for the accident.
Finding the Right Texas Wrongful Death Attorney is Essential
If you would like to file a wrongful death lawsuit, finding the right wrongful death attorney is essential. At Will Adams Law Firm, we have experience with wrongful death lawsuits and know how important it is to treat our clients with respect, dignity, and compassion during this period of grief.
We never want to see a member of our community face this suffering alone, so please call us for a free case evaluation where you can learn your legal options. You can call our office at 1-800-559-0593, or fill out our online contact form to get started. This is an emotionally trying time, it shouldn’t be a financial burden as well. Call us today and let us help you heal and recover from this wrongful death in your family.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
