Wrongful Death Statute of Limitations in Texas

Last verified 2026-07 · Source: Tex. Civ. Prac. & Rem. Code § 16.003 ✓ verified · 3 sources

The deadline to file a wrongful death lawsuit in Texas is 2 years, set by Tex. Civ. Prac. & Rem. Code § 16.003. It starts running on Date of death (cause of action accrues on death of injured person). This page covers the exceptions, the government-claim trap, and the steps to take before time runs out.

Texas Deadlines for Related Claims

When the Clock Starts

In Texas, the limitations period for wrongful death claims generally begins on Date of death (cause of action accrues on death of injured person). Texas does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.

Exceptions That Can Extend the Deadline

• Minors: the clock is generally paused while the injured person is under 18.
• Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
• Defendant leaves the state: absence can pause the clock in many circumstances.
• Government-claim trap: Texas Tort Claims Act (Tex. Civ. Prac. & Rem. Code Ch. 101): formal written notice required within 6 months for claims against the state; local government notice periods vary by municipality
• Damage caps: Texas Tort Claims Act caps government liability at $250,000 per person and $500,000 per single occurrence for bodily injury/death; no statutory cap on wrongful death damages against private defendants

Filed by surviving spouse, children, or parents of the deceased. If no eligible party files within 3 months, the personal representative of the estate may file. Wrongful death action governed by Tex. Civ. Prac. & Rem. Code Ch. 71. Separate survival action available for estate. Texas is a modified comparative fault state; claimant barred if more than 50% at fault.

Source: Tex. Civ. Prac. & Rem. Code § 16.003, official Texas statute · verified 2026-07

What to Do Before the Deadline Runs

1. Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
2. Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
3. Send preservation/notice letters where required (especially for Texas government defendants).
4. If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.

How Texas Compares to Nearby States

Frequently Asked Questions

Sources

This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Texas attorney.