The loss of a loved one is one of the most difficult experiences a family can face. When that loss happens because of someone else’s negligence or wrongful actions, the emotional burden can be even heavier. While no lawsuit can replace a family member, a wrongful death claim may help provide financial stability and a sense of accountability during a challenging time.
If you’re considering legal action, it’s important to understand the deadline for filing a wrongful death lawsuit in Texas. Waiting too long could mean losing your right to pursue compensation altogether.
How Does Texas Define Wrongful Death?
Under Texas law, a wrongful death occurs when a person’s death is caused by another party’s wrongful act, negligence, carelessness, unskillfulness, or default. In other words, if the deceased person would have had the right to file a personal injury claim if they survived, their surviving family members may have the right to pursue a wrongful death lawsuit.
How Long Do You Have To File a Wrongful Death Lawsuit in Texas?
In most situations, Texas gives families two years from the date of death to file a wrongful death lawsuit. This deadline is known as the statute of limitations. If a lawsuit is not filed before the deadline expires, the court will likely dismiss the case, regardless of how strong the underlying claim may be.
While two years may seem like plenty of time, wrongful death cases often require significant investigation. Attorneys may need to gather evidence, interview witnesses, review medical records, consult with experts, and identify all potentially responsible parties. Starting the process sooner rather than later can help protect important evidence and strengthen your case.
Who Can File a Wrongful Death Claim in Texas?
Not every family member has the legal right to file a wrongful death lawsuit. Under Texas law, the following individuals may bring a claim:
- The surviving spouse
- The deceased person’s children
- The deceased person’s parents
These family members may file a claim individually or together.
If no eligible family member files a wrongful death lawsuit within three months of the death, the personal representative of the estate may be permitted to file the claim on behalf of the estate, unless surviving family members request otherwise.
Brothers and sisters generally do not have the right to bring a wrongful death claim in Texas.
Are There Any Exceptions to the Two-Year Deadline?
Although the two-year statute of limitations applies in most cases, there are limited situations where the filing deadline may be extended.
For example, exceptions may arise when:
- The claim involves a minor child: Certain legal rules can affect how deadlines apply when a beneficiary is a minor. These cases can be complex and should be evaluated individually.
- Fraud or concealment occurred: If the responsible party intentionally concealed information related to the death or their involvement, a court may allow additional time to file a claim.
- The cause of death was not immediately known: In rare circumstances, surviving family members may not immediately discover the wrongful conduct that caused their loved one’s death. Depending on the facts, this could affect when the statute of limitations begins to run.
Because exceptions are narrow and highly fact-specific, it is usually best to speak with an attorney as soon as possible rather than assume there is additional time available.
What Compensation Can Be Recovered in a Wrongful Death Case?
A successful wrongful death claim may provide compensation for both economic and non-economic losses suffered by surviving family members.
Depending on the circumstances, damages may include:
- Funeral and burial expenses
- Loss of financial support and future earnings
- Loss of companionship, guidance, and care
- Mental anguish experienced by surviving family members
The amount of compensation available depends on the specific facts of the case and the losses experienced by the family.
Call McMinn Personal Injury Lawyers for a Free Consultation With an Austin Wrongful Death Attorney
If you lost a loved one because of someone else’s negligence in Texas, you do not have to navigate the legal process on your own. Understanding the wrongful death statute of limitations is an important first step, but every case involves unique facts and circumstances.
The team at McMinn Personal Injury Lawyers is available to answer your questions, explain your rights, and discuss your legal options. Contact your nearest location to schedule a free consultation today. We proudly serve clients throughout Austin, TX in Travis County, as well as Salt Lake City, UT in Salt Lake County.
McMinn Personal Injury Lawyers – Austin, TX Office
502 W 14th St, Austin, TX 78701
(512) 474-0222
McMinn Personal Injury Lawyers – Salt Lake City, UT Office
650 S 500 W Suite 290, Salt Lake City, UT 84104
(385) 462-7630