Texas Wrongful Death Statute of Limitations

Losing a loved one is one of life’s most devastating experiences, and afterwards that last thing you’ll want to think about is a lawsuit. However, if you believe your loved one’s death was caused by someone else’s negligence or wrongful actions, you may have to take legal action to get justice. When this happens, knowing the wrongful death statute of limitations in Texas could be the difference between justice being served and the responsible party walking away scott-free.

In Texas, the statute of limitations for filing a wrongful death claim is generally two years from the date of death. This means surviving family members — including spouses, children, and parents of the deceased — have two years to take legal action against the responsible party. After this period expires, you may lose your right to seek compensation for your loss.

At Sellers Law Firm, our compassionate Fort Worth/Dallas wrongful death lawyers can handle the legal complexities while you focus on healing and honoring your loved one’s memory. Call (817) 928-4222 or schedule a consultation online today to protect your rights and discuss your options for pursuing the justice your family deserves.

What is the wrongful death statute in Texas?

The Texas Wrongful Death Statute allows certain family members to pursue legal action when a loved one dies due to someone else’s wrongful act, neglect, carelessness, or default. Under Texas law, a wrongful death claim can arise from various circumstances, including medical malpractice, car accidents, workplace accidents, or defective products.

The statute specifically designates who can pursue a wrongful death lawsuit in Texas. Eligible family members include:

The surviving spouse of the deceased
Children of the deceased (including adopted children and adult children)
Parents of the deceased (including adoptive parents)

It’s important to note that siblings cannot file a wrongful death claim under Texas law. Additionally, the deceased person’s estate executor or administrator cannot file the claim unless they also fall into one of the categories above.

The statute allows eligible family members to seek compensation for various types of economic, non-economic, and punitive damages in Texas, including:

Lost earning capacity
Lost care, maintenance, and support
Lost love, companionship, and comfort
Mental and emotional anguish
Lost inheritance
Medical expenses related to the final injury or illness
Funeral and burial expenses

If you’ve lost a loved one due to someone else’s gross negligence in Texas, it’s important to understand your rights under the wrongful death statute and seek legal guidance before you lose the ability to argue your case.

Wrongful death statute of limitations in Texas

Under Texas law, families pursuing a wrongful death claim must adhere to strict time limits known as the statute of limitations. This deadline gives eligible family members two years from the date of their loved one’s death to file a legal claim against the responsible parties. After this two-year window closes, courts will typically dismiss wrongful death cases regardless of their merit, leaving families with no legal recourse to seek justice or compensation for their loss.

That said, there are some limited exceptions to this two-year deadline that might extend the time you have to file.

What are the exceptions to the statute of limitations for wrongful death in Texas?

Here are the key exceptions that might extend your time to file:

Minors’ rights: If your loved one left behind children under 18, those children’s right to file a claim is typically paused until they turn 18. For example, if a 12-year-old loses their parents, they would have until age 20 to file their own claim.
Mental incapacity: If an eligible family member is deemed mentally incompetent at the time of their loved one’s death, the statute of limitations may be tolled until they regain competency or a legal guardian is appointed.
The discovery rule: Sometimes the cause of death isn’t immediately apparent. In such cases, the two-year clock might not start until the true cause of death is discovered.
Fraudulent concealment: If someone actively hid their role in causing the death, the deadline might be extended. For instance, if a nursing home falsified records to hide neglect that led to a resident’s death, the statute of limitations might not begin until the deception is uncovered.
Government entities: If your loved one’s death involved a government entity or employee, different and often shorter deadlines apply. You may have as little as six months to file a notice of claim.
Criminal cases: If your loved one’s death resulted from certain criminal acts, the statute of limitations might be extended while criminal proceedings are ongoing.
Out-of-state defendants: If the responsible party leaves Texas, the time they’re absent might not count toward the two-year limit.
Military service: If an eligible family member is on active military duty when their loved one dies, their time to file may be extended due to the Servicemembers Civil Relief Act.

However, it’s important not to rely on these exceptions. They apply only in very specific circumstances, and courts interpret them narrowly. Not to mention that evidence can become harder to obtain as time passes — witnesses’ memories fade, documents may be lost, and physical evidence might deteriorate or disappear entirely.

Is there a cap on wrongful death in Texas?

In Texas, there is no general cap on compensatory damages in wrongful death cases, which means there’s no limit on the amount you can recover for actual losses like lost income, lost inheritance, mental anguish, and loss of companionship. However, Texas does impose limits in specific situations.

Medical malpractice wrongful death cases are capped at $500,000 for non-economic damages (like pain and suffering), adjusted for inflation from 1977. This cap has grown to approximately $2.1 million today. Additionally, if your case involves a government entity, the Texas Tort Claims Act limits total damages to $250,000 per person and $500,000 per incident for state government entities, and $100,000 per person and $300,000 per incident for local government entities.

In cases where gross negligence or malice is proven, punitive damages may be awarded but are limited to the greater of: twice the amount of economic damages plus the amount of non-economic damages up to $750,000, or $200,000.

What is the burden of proof for wrongful death?

In Texas wrongful death cases, the burden of proof rests with the family members bringing the claim. Unlike criminal cases, which require proof “beyond a reasonable doubt,” wrongful death lawsuits use the “preponderance of the evidence” standard. This means you must prove that it is more likely than not (more than 50% probable) that the defendant’s actions or negligence caused your loved one’s death, whether the claim involves individual negligence, employer liability, or corporate wrongdoing.

To successfully prove a wrongful death case in Texas, you must establish four key elements:

Duty of care: You must show that the defendant had a legal obligation to act in a reasonable and safe manner toward your loved one.
Breach of duty: Evidence must demonstrate that the defendant failed to fulfill their duty of care.
Proximate cause: You must prove that the defendant’s breach of duty led to your loved one’s death. This often requires expert testimony, especially in complex cases like medical malpractice, workplace accidents, or product liability.
Damages: Finally, you must demonstrate the specific losses your family has suffered as a result of the death, such as lost income, lost inheritance, mental anguish, and loss of companionship.

While this burden of proof is lower than in criminal cases, gathering and presenting convincing evidence requires thorough investigation, expert testimony, and skilled legal advocacy. Working with an experienced attorney can help ensure you build the strongest possible case to meet this burden of proof.

Don’t let time rob you of your right to justice. Contact Sellers Law Firm today!

When you lose a loved one due to someone else’s negligence, time is both precious and critical, and the Texas wrongful death statute of limitations is not on your side. While no amount of compensation can truly make up for your loss, pursuing a wrongful death claim can help secure your family’s future and hold responsible parties accountable.

At Sellers Law Firm, our compassionate personal injury lawyers understand the overwhelming challenges you’re facing. Our experienced legal team will fight tirelessly to protect your rights and pursue the maximum compensation your family deserves.

Don’t wait until it’s too late — call (817) 928-4222 or schedule a consultation online today for a free, confidential case evaluation.

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