Two Years From Death — But Multiple Shorter Deadlines Apply Simultaneously
The Texas wrongful death statute of limitations is two years from the date of death under §16.003. The clock runs from the moment of death — not when the family retained an attorney. Government entity claims involving VIA Metropolitan Transit, the City of San Antonio, TxDOT, or Bexar County require written notice within six months. Workers’ comp death benefits must be claimed within one year. Surveillance footage of the incident may be gone within 48 hours.
The Two-Year Statute of Limitations
- Clock runs from death, not the accident: When a victim survives the initial incident but dies later, the two-year period runs from the date of death — potentially extending the window beyond two years from the accident
- All beneficiaries subject to the same deadline: Spouse, children, and parents must all be included in the filed lawsuit before the two-year deadline
- Texas courts apply the deadline strictly: No equitable exceptions for grief or ignorance of the limitation period. Once the deadline passes, cases are dismissed permanently
Minor Beneficiary Exception — Tolled Until Age 18
- For minor children whose parent was killed, the two-year limitations period is tolled until the child turns 18 under §16.001 — giving them until their 20th birthday
- This tolling applies only to the minor child’s individual claim — the surviving spouse and adult beneficiaries must still file within two years of death
Government Entity Claims — Six-Month Written Notice
- VIA Metropolitan Transit: Written notice within six months when a VIA bus, VIA construction project, or VIA contractor contributed to the death
- City of San Antonio: Written notice to the City Clerk within six months for city vehicles, contractors, or city-maintained conditions
- TxDOT: Written notice within six months for I-35, Loop 410, US-281, and US-90 crashes involving TxDOT infrastructure or contractors
- Bexar County: Written notice to the County Judge within six months for county vehicle or county road involvement
Workers’ Comp Death Benefits — One Year to File
When the death occurred in employment and the employer carries workers’ comp, eligible survivors must file death benefits with TDI-DWC within one year of the date of death. Workers’ comp death benefits and a wrongful death civil lawsuit against third parties proceed simultaneously.
Evidence Retention Timelines
- 48–72 hours: Business and private surveillance footage near the crash scene
- 30 days: TxDOT traffic camera footage on I-35, Loop 410, US-90, and US-281 through San Antonio
- 6 months: Commercial truck ELD data under FMCSA minimum retention rules
Call 210-888-0078 immediately — while evidence still exists. Wayne Wright issues same-day preservation demands, serves government entity notices within days of retention, and files both the wrongful death and survival actions before any deadline creates pressure on case preparation decisions.
