Wrongful Death Statute of Limitations in Texas (2026)

How Long Do You Have to File in Texas

Texas law gives families a strict two-year window to file a wrongful death lawsuit. Under Texas Civil Practice and Remedies Code Section 16.003(b), a person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death.

One critical detail: the clock starts on the date of death, not the date of the accident or injury. If someone suffers injuries in a crash in March but passes away in June, the two-year period begins in June.

Miss this deadline, and the court will almost certainly dismiss your case. Just as with a standard personal injury statute of limitations, no amount of evidence or compelling facts can override an expired wrongful death filing window in Texas.

Exceptions That Can Extend the Deadline

The two-year rule is firm, but Texas recognizes situations where the deadline may be paused, or "tolled." Common exceptions include:

• Minor children who lose a parent. If surviving children are under 18, the statute of limitations may be tolled until they reach adulthood.
• Fraudulent concealment. If the responsible party deliberately hid their role in the death, courts may extend the filing period.
• Incapacitation of the claimant. A surviving family member who is legally incapacitated at the time of death may receive additional time to file.

These exceptions do not apply automatically. A court must evaluate the specific facts of each situation before granting extra time.

The 10-Year Statute of Repose in Texas

Even when tolling exceptions apply, Texas law imposes a hard outer limit on certain medical negligence claims. Under Tex. Civ. Prac. & Rem. Code § 74.251(b), any health care liability claim must be brought no later than 10 years after the act or omission that gave rise to the claim. In practice, you can think of the statute of limitations as a flexible deadline and the statute of repose as a brick wall.

This distinction is especially important in cases involving hidden medical negligence or fraud. No matter how well‑concealed the wrongdoing, a health care liability claim is time‑barred once 10 years have passed from the underlying act or omission, even if the patient or family discovers the harm later.

Who Can File a Wrongful Death Claim in Texas

Not everyone can bring a wrongful death lawsuit. Texas Civil Practice and Remedies Code Section 71.004 limits the action to the exclusive benefit of the surviving spouse, children, and parents of the deceased.

Here is how filing typically works:

• The surviving spouse, children, or parents may file individually or together on behalf of all eligible beneficiaries.
• If none of these individuals file within three calendar months after the death, the executor or administrator of the estate must bring the action unless all beneficiaries request otherwise.

It is also worth noting that a wrongful death claim differs from a survival action. A survival action, brought by the estate, seeks damages the deceased person endured before passing, such as pain and medical expenses. The wrongful death claim covers the losses surviving family members suffer.

Get Matched With a Texas Wrongful Death Lawyer

Navigating deadlines, tolling exceptions, and legal standing requirements is difficult during one of life's hardest chapters. ConsumerShield matches you directly with an experienced Texas personal injury lawyer who specializes in cases like yours. Consultations are typically free, and most lawyers work on a contingency-fee basis, meaning you pay nothing unless your case succeeds.