How long do I have to file a wrongful death claim in Texas?

Two Years From the Date of Death — But Several Shorter Deadlines Apply Simultaneously

The Texas wrongful death statute of limitations is two years from the date of death under Tex. Civ. Prac. & Rem. Code §16.003. The clock runs from the moment of death — not from when the cause was determined, not from when the family retained an attorney, and not from when the grief subsided enough to act. Government entity claims involving TxDOT, the City of Austin, CapMetro, or Travis County require written notice within six months. Workers’ compensation death benefits must be claimed within one year. And the evidence that determines whether the case succeeds — surveillance footage, electronic data, witness memory — begins disappearing within 48 hours of the incident. The two-year deadline is the latest possible action date, not the recommended one.

The Two-Year Statute of Limitations

Tex. Civ. Prac. & Rem. Code §16.003 sets the limitations period at two years from the date of death for wrongful death claims under Tex. Civ. Prac. & Rem. Code §71.002. Specific rules:

• The clock runs from death, not from the accident: When a person survives the initial incident but dies days or weeks later from their injuries, the two-year period runs from the date of death — which may extend the filing window beyond two years from the accident itself
• Each beneficiary’s claim is subject to the same deadline: All eligible beneficiaries — spouse, children, parents — must have their claims included in a filed lawsuit before the two-year deadline. A timely filing by one beneficiary does not preserve another beneficiary’s claim if they are not included
• The survival action carries the same two-year deadline: The survival claim under §71.021 — for the pain, suffering, and losses the deceased suffered before death — is also subject to the two-year statute running from the date of death
• Texas courts apply the deadline strictly: There are no equitable exceptions for grief, emotional incapacity, or not knowing about the limitation period. Once the deadline passes, the case is permanently dismissed regardless of the strength of the underlying negligence evidence

Minor Beneficiary Exception — Tolling Until Age 18

The only routine exception to the two-year statute of limitations in Texas wrongful death cases involves minor beneficiaries:

• For a minor child whose parent was killed in a wrongful death incident, the two-year limitations period is tolled (paused) until the child reaches age 18 under the general disability tolling provision of Tex. Civ. Prac. & Rem. Code §16.001
• The minor child has until their 20th birthday to file their own wrongful death claim
• Critical caveat: Tolling for minor children does not extend the deadline for adult beneficiaries in the same case. The surviving spouse and adult children must still file within two years of the death — only the minor child’s individual claim is tolled
• Despite the extended tolling period, Wayne Wright advises immediate filing in every wrongful death case involving minor children — evidence preservation and witness availability diminish dramatically over time

Government Entity Claims — Six-Month Written Notice Required

When a government vehicle, government contractor, or government-maintained condition contributed to the death, the Texas Tort Claims Act (Tex. Civ. Prac. & Rem. Code §101.101) requires written notice to the responsible entity within six months of the death. This is a condition precedent to suit — not merely a procedural formality — and failure to provide timely notice permanently bars the government entity claim:

• City of Austin: Written notice to the Austin City Clerk within six months when a city vehicle, city contractor, CapMetro bus, or city-maintained road condition contributed to the death
• TxDOT: Written notice to the Texas Department of Transportation within six months for deaths on TxDOT-maintained highways, the I-35 Capital Express corridor, or involving TxDOT equipment or contractors
• Travis County: Written notice to the Travis County Judge within six months for county vehicle or county road involvement
• State agencies: Written notice to the appropriate state agency and the Texas Attorney General within six months for state-owned property or state contractor involvement

Government entity notices must identify the date, time, place, and circumstances of the death and identify the claimants. Wayne Wright prepares and serves these notices within days of retention — long before the six-month window creates pressure.

Workers’ Compensation Death Benefits — One Year to File

When the death occurred in the course and scope of employment and the employer carries workers’ compensation, eligible survivors must file a workers’ comp death benefits claim with TDI-DWC within one year of the date of death. Workers’ comp death benefits and a wrongful death civil lawsuit can proceed simultaneously — workers’ comp against the employer, civil suit against third-party defendants on the same job site.

The Practical Evidence Deadlines That Make Two Years Misleading

The two-year civil filing deadline describes when you must file a lawsuit. It says nothing about when the evidence necessary to win that lawsuit ceases to exist:

• Business and private surveillance footage: Overwrites every 48–72 hours — footage of the incident itself may be gone within days without a preservation demand
• TxDOT and Austin city traffic camera footage: Approximately 30-day retention window on I-35, US-183, MoPac, and major Austin intersections
• Commercial truck ELD and black box data: Legally destructible at six months under FMCSA minimum retention rules
• Rideshare platform trip data: Platform telematics and GPS records have internal retention windows that Wayne Wright preserves immediately through formal legal demands
• Witness memory: Degrades significantly within weeks; witnesses become increasingly difficult to locate over time
• Workplace accident site conditions: Construction sites change daily — the defective scaffold, uncovered opening, or missing guardrail that caused the death may be corrected within 24 hours of the incident

Call 512-543-4397 immediately after a wrongful death — while evidence still exists. Wayne Wright issues same-day preservation demands to every evidence source, serves government entity notices within days of retention, and files the wrongful death and survival actions before any deadline creates pressure on case preparation decisions.