Losing a loved one because of someone else’s carelessness is one of the most painful experiences a family can face. When that loss was preventable, Texas law allows surviving family members to seek justice through a wrongful death claim.
But time is not unlimited, and missing the legal deadline to file can permanently affect your right to compensation. If you’re considering legal action after a fatal accident in the Dallas–Fort Worth area, understanding the statute of limitations is critical.
What Is a Wrongful Death Claim in Texas?
A wrongful death claim is a type of civil lawsuit filed by the surviving family of someone who died due to another party’s negligent, reckless, or intentional act. Texas law defines this right under Texas Civil Practice & Remedies Code § 71.002.
Common causes of wrongful death in the Dallas–Fort Worth metroplex include:
- Car and truck accidents
- Fatal motorcycle crashes
- Medical negligence
- Unsafe property conditions
- Violent crime due to negligent security
- Defective products or machinery
- Workplace or industrial accidents
A wrongful death lawsuit seeks to hold the at-fault party financially accountable for the harm they’ve caused to the deceased and the surviving loved ones.
Texas Statute of Limitations: Two Years
In most cases, you have two years from the date of your loved one’s death to file a wrongful death claim in Texas. This deadline is referred to as the statute of limitations.
It’s important to note that this time limit typically begins on the date of death, not the date of the injury or accident that eventually led to death. For example, if your loved one were injured in a crash on March 10 but passed away on March 15, the two-year clock would start on March 15.
If you miss this deadline, the court may dismiss your case, even if your claim is otherwise valid. That’s why it’s essential to speak with an attorney as early as possible.
Are There Any Exceptions?
While the two-year limit applies to most wrongful death cases, Texas law allows a few exceptions. These are narrow and fact-specific but may include:
- Minor children: If the claimant is under 18, the clock may be paused (“tolled”) until they reach adulthood.
- Discovery rule: If the cause of death wasn’t immediately known or discoverable (such as in medical malpractice cases), the statute may begin once the cause is identified.
- Mental incapacity or legal disability: In rare cases, if a claimant is not mentally competent, the statute may be paused.
These exceptions can be complex and vary on a case-by-case basis. It’s critical to consult an experienced wrongful death attorney who can determine whether your case qualifies.
Who Can File a Wrongful Death Claim?
Under Texas law, the following individuals may file a wrongful death lawsuit:
- The surviving spouse
- The children of the deceased (including adult children)
- The parents of the deceased
These parties may file the claim individually or together. If none of the eligible family members file within three months of the death, the executor or administrator of the estate may bring the claim—unless the family formally objects.
Why Filing Sooner Is Better
While the legal deadline is two years, waiting too long to take action can weaken your case. Key reasons to act quickly include:
- Preserving evidence: Security footage may be deleted, records lost, and witnesses harder to locate
- Building a stronger case: Early legal involvement can ensure key documents are secured
- Avoiding insurance delay tactics: Insurance companies may try to stall, hoping the deadline passes
Acting early also allows time to properly value the claim, assess future financial losses, and prepare for trial if necessary.
Talk to a Dallas–Fort Worth Wrongful Death Lawyer Today
If someone you love was killed due to another party’s negligence, don’t wait to seek legal guidance. Rochelle McCullough LLP offers free, confidential consultations to help you understand your rights and protect your family’s future. Call our Dallas office today.