Losing a family member because of someone else’s wrongful conduct leaves you with the most painful and difficult questions of your life — What happened and why? Who was responsible? And how will we ever move forward without them? — all while you’re facing overwhelming uncertainty about where to turn or how long you have to take legal action. You deserve answers. You deserve justice. And you deserve the full financial resources your family needs to move forward.
In Texas, the wrongful death statute of limitations is generally two years from the date the person dies. Missing this deadline can prevent eligible family members from pursuing a wrongful death lawsuit — making it critical to understand when the clock starts, file as soon as possible, and determine whether an exception may apply.
At Zehl & Associates, we have successfully represented hundreds of families whose loved ones were tragically killed in connection with catastrophic accidents, consistently securing record-breaking settlements and verdicts for wrongful death victims. With Billions won, our Undefeated Wrongful Death Lawyers have the resources, experience, and track record necessary to uncover the truth, hold the responsible parties accountable, and fight for the justice and maximum compensation your family deserves.
What Is the Texas Wrongful Death Statute of Limitations?
Texas law generally gives eligible family members two years to file a wrongful death lawsuit. Under Texas Civil Practice and Remedies Code § 16.003, an action for an injury resulting in death must generally be brought within two years after the claim accrues.
For a wrongful death claim, the cause of action accrues on the date the injured person dies.
For example, if a person dies on June 1 following a fatal accident, the two-year period would generally begin on June 1. Waiting until the deadline approaches can make it harder to investigate what happened and prepare a claim.
Who Can File a Wrongful Death Lawsuit in Texas?
Texas limits who can bring a wrongful death action. The law provides that the claim is for the benefit of the deceased person’s surviving spouse, children, and parents. One or more of these family members may bring the action for the benefit of all eligible beneficiaries.
Eligible family members include:
- A surviving spouse
- Children
- Parents
If none of these individuals files within three calendar months after the death, the executor or administrator generally must bring the action unless all eligible family members ask that one not be filed.
Zehl & Associates can help families determine who has the right to pursue a claim and what steps may come next.
Can the Two-Year Wrongful Death Deadline Be Extended?
Sometimes. While two years is the general rule, Texas law contains exceptions that can affect certain statutes of limitations. The specific facts must be reviewed before assuming that an exception applies.
Possible issues that may affect a deadline include:
- Whether an eligible claimant is a minor
- Certain legal disabilities
- The type of conduct that caused the death
- Special rules governing a particular type of case
Because limitations rules can be complicated, families should not assume they have additional time without reviewing their circumstances with an attorney.
Why Should I Act Before the Statute of Limitations Expires?
The filing deadline is not the only reason to act promptly. Evidence can become harder to find as time passes. Witnesses may forget details, surveillance footage may be erased, and physical evidence can be lost or changed. Records may also take time to obtain and review.
Starting an investigation early gives an attorney more time to gather evidence, identify potentially responsible parties, and evaluate the damages involved. Zehl & Associates can investigate a fatal accident and help a family understand the legal options available under Texas law.
FAQs
What Happens if a Wrongful Death Claim Is Filed Too Late?
If a wrongful death lawsuit is filed after the applicable statute of limitations expires, the defendant may ask the court to dismiss the case as untimely. This can prevent eligible family members from recovering compensation through the claim.
Because exceptions can affect the filing period, families should not assume a deadline has passed without first reviewing the circumstances with an attorney.
Can I File After Two Years?
A claim filed after the applicable deadline may be barred, but exceptions can sometimes extend the statute of limitations. An attorney can determine which deadline applies to your specific circumstances.
Should I Wait to Contact an Attorney?
Waiting can create problems even before the legal deadline expires. An early investigation may make it easier to preserve evidence and determine who may be responsible.
Contact the Undefeated Texas Wrongful Death Lawyers at Zehl & Associates for Help Today
Wrongful death claims involve strict deadlines and difficult legal and factual questions. If your family lost a loved one because of another party’s wrongful conduct, Zehl & Associates can investigate what happened, identify potentially responsible parties, and explain your options.
Our team has recovered billions of dollars for clients and is prepared to advocate aggressively for families seeking accountability after a preventable death. Contact us today to speak with an experienced Texas wrongful death attorney about your case.
We proudly serve Harris County, Midland County, and throughout the state of Texas. We are located in Houston and Midland and throughout the state of Texas:
Zehl & Associates Injury & Accident Lawyers – Houston
2700 Post Oak Blvd #1000, Houston, TX 77056
(888) 603-3636
Open 24 hours
Zehl & Associates Injury & Accident Lawyers – Midland
306 W Wall St Suite 701, Midland, TX 79701
(432) 220-0000
Open 24 hours