Families usually ask about the deadline first, and with good reason: a claim filed too late can be lost no matter how strong it is. The good news is that Texas gives a family time to grieve before anything has to be filed. This page explains the Texas wrongful death statute of limitations and the other time limits that can matter, in plain words. It is written by LAWBOSS – Harris, Nelsen & Uvalle, PLLC in Dallas.
In short
A Texas wrongful death suit must generally be filed within two years of the date of death (Civil Practice and Remedies Code 16.003(b)). A child’s time usually does not run until age 18. Claims against a government body can need written notice within six months. If no family member sues within three months, the estate’s executor or administrator may have to.
The basic rule: two years from the date of death
Section 16.003 of the Civil Practice and Remedies Code sets the deadline for both personal injury and wrongful death suits. For an injury, suit must be brought “not later than two years after the day the cause of action accrues” (16.003(a)). For a death, the same two years apply, and “the cause of action accrues on the death of the injured person” (16.003(b)).
That means the clock for a wrongful death claim starts on the day the person died, not on the day of the accident. If someone was hurt in a crash and died weeks later, the two years run from the date of death. The survival claim, which is the claim the person who died had for their own injuries, is generally subject to the same two years from the date of death.
When the person bringing the claim is a child
Texas does not count the time during which a person is under 18 or of unsound mind (16.001). For a child who has lost a parent, this generally means the child’s own two years start at 18. In practice, families usually bring the claim much sooner, while the evidence is fresh: any one of the spouse, children or parents may bring it for the benefit of all of them (71.004(b)). We explain how this works for each child in the family.
If a question here is about your own family, you can talk it through with us. There is no cost and no pressure.
Claims against a city, county or the state
When a death involves a government vehicle or property, for example a city bus, a county truck, a police car or a road a government body maintains, a much shorter step comes first. The government unit must generally receive written notice within six months of the incident, describing the injury, the time and place, and what happened. A city charter may set an even shorter period, although actual notice to the government can excuse the formal one (Civil Practice and Remedies Code 101.101).
Six months is easy to miss in the first months after a death. If a government vehicle or property may have played any part, ask a lawyer early, even if your family is not ready to decide anything else.
The three-month rule for the estate
The wrongful death claim belongs to the surviving spouse, children and parents, and any one of them may sue for the benefit of all (71.004(a) and (b)). If none of them has filed within three calendar months of the death, the executor or administrator of the estate must bring the suit, unless all of them ask that it not be filed (71.004(c)).
This rule is not a deadline that ends the family’s rights. It is a rule about who should act if the family has not. But it is another reason to know, early on, who in the family will take the lead and whether an estate has been opened.
If you are not sure which deadline applies to your family, you can ask us. The conversation is free and private.
If a question here is about your own family, you can talk it through with us. There is no cost and no pressure.
Why acting early still matters
Two years is the outer limit, not the time to start. Some evidence disappears much sooner. For a commercial truck, federal rules require carriers to keep drivers’ duty records and supporting documents for at least six months (49 CFR 395.8(k)); after that they may be lawfully discarded. Video from businesses and traffic cameras is often recorded over in days or weeks. Vehicles are repaired or scrapped, and witnesses move.
A lawyer can send preservation demands, request the crash report and gather records while your family takes the time it needs. None of that commits your family to filing a lawsuit.
A simple timeline
| When | What it may mean |
|---|---|
| First 10 days | The investigating officer files the CR-3 crash report with TxDOT (Transportation Code 550.062). |
| Within 3 months | If no spouse, child or parent has sued, the executor or administrator may have to (71.004(c)). |
| Within 6 months | Written notice to a government body, if one may be responsible (101.101); a city charter may set less. |
| At least 6 months | How long truck carriers must keep drivers’ duty records (49 CFR 395.8(k)). |
| Within 2 years of the death | The general deadline to file a wrongful death suit (16.003(b)). |
| Age 18 plus 2 years | Generally, the deadline for a child’s own claim (16.001). |
If a question here is about your own family, you can talk it through with us. There is no cost and no pressure.
Talking with us about your deadline
Every family’s dates are different, and the right answer depends on who was involved and where. The consultation is free. No Fees or Costs Unless We Win. The firm advances case costs, and your family owes no attorney’s fee and no case costs unless money is recovered. You can read more about what a wrongful death attorney in Dallas does, or about the Texas Wrongful Death Act itself.
Deadlines that apply before the two years
Some steps come well before the two-year limit, and none of them depends on filing a lawsuit. The crash report is filed with TxDOT within 10 days, and the sooner a family’s lawyer has it, the sooner the evidence can be checked against it. Truck carriers’ duty records must be kept for at least six months, so a preservation demand should go out early. Notice to a government body may be due within six months. And the three-month point under 71.004(c) is when the executor or administrator may have to act if the family has not.
None of these is a reason to rush a grieving family. They are reasons to talk to a lawyer early, so that the lawyer can carry these steps while the family takes the time it needs.
If a question here is about your own family, you can talk it through with us. There is no cost and no pressure.
When more than one person died
When a crash takes more than one life, each death gives the surviving spouse, children and parents of that person a claim of their own, and each has its own two years from that person’s date of death. A family may be the survivors of more than one person. We map out each claim and each date so nothing is missed.
If the person died some time after the accident
Sometimes a person is badly hurt and dies days, weeks or months later. The wrongful death claim accrues on the date of death (16.003(b)), so the two years for that claim run from the death, not from the accident. The survival claim covers the injury the person suffered before death, and it is generally subject to the same two years from the death. Keep the dates of the accident and of the death together with your papers.
Responsible attorney for this page: Michael Uvalle, LAWBOSS – Harris, Nelsen & Uvalle, PLLC, primary practice location Dallas, Texas. This page is general information, not legal advice.
Questions families ask
What is the statute of limitations for wrongful death in Texas?
Generally two years, and for a death the claim accrues on the date of death (Civil Practice and Remedies Code 16.003(b)).
Does the two years start on the date of the accident or the date of death?
For a wrongful death claim, the date of death. If the person died days or weeks after the accident, the two years run from the death.
Is there a longer deadline for children?
Texas does not count the time a person is under 18 (16.001), so a child’s own two years generally start at 18. Families usually act much sooner so the evidence is not lost.
We missed the six-month notice for a city vehicle. Is the claim lost?
Not necessarily. Actual notice to the government can excuse the formal written notice in some cases (101.101). It depends on the facts, so ask a lawyer promptly.
Talk with us when you are ready. There is no cost to talk.