Losing a loved one in an unexpected incident can leave a family dealing with emotional loss, financial strain, and legal uncertainty. In Texas, certain family members have the right to pursue a wrongful death claim when the death is caused by someone else’s negligence or wrongful act. One of the most important legal questions they often ask is how long they must act.
Texas law sets strict limits on when a wrongful death lawsuit can be filed. Waiting too long may permanently affect the ability to recover damages. This guide by Lorenz & Lorenz, PLLC, addresses how long you have to file a wrongful death claim in Austin, who can file, and how the legal process works in Texas.
What Is the Statute of Limitations for Wrongful Death in Texas?
The statute of limitations restricts the amount of time a person has to initiate a lawsuit. In Texas, most wrongful death claims must be filed within two years of the date of death, as codified in Texas Civil Practice and Remedies Code § 16.003.
This two-year period applies to wrongful death lawsuits brought by eligible family members. It does not apply to every type of legal or insurance process. For example, if an insurance claim is filed directly with a liable party's carrier, that claim may be processed without court involvement, but it does not extend the deadline for filing a lawsuit. If the claim is denied or delayed and the two-year window closes, the right to file a legal action may be lost entirely.
The two-year period typically begins on the date of death, not the date of injury. In cases where someone survives for some time after the initial incident and then dies from those injuries, the countdown starts on the day the person passes away—not the day of the accident or medical event.
Although this time limit may appear straightforward, some circumstances can alter or affect it. These exceptions are rare and apply only under certain legal conditions.
Are There Exceptions to the Filing Deadline?
Most wrongful death claims in Texas must be filed within two years. However, there are a few limited situations where the clock may pause or reset. These exceptions are not automatic and usually require legal argument and supporting documentation.
Minor Children
If the person who wishes to file the wrongful death claim is a minor child, the time limit may be suspended until that individual turns 18. However, this applies only to claims in the child’s name. Other eligible parties, such as a surviving parent, may still be expected to file on the child’s behalf within two years.
Legal Incapacity
If a person entitled to bring the claim is mentally incapacitated or legally incompetent at the time of the death, the statute may be paused during the period of incapacity. Courts will evaluate this status carefully, and reviewing documentation from medical providers or legal guardians is often required.
Fraudulent Concealment
The statute may be extended if a defendant or liable party actively conceals the cause of death or the fact that misconduct occurred. This legal concept is called “fraudulent concealment.” Courts require clear evidence that the concealment delayed the plaintiff’s ability to discover the claim.
Death Caused by Government Entity
Claims involving a government entity, such as a city vehicle or public hospital, may follow different deadlines under the Texas Tort Claims Act. In these cases, written notice of the claim must often be submitted within six months of the incident—sometimes less, depending on the local rules. This is separate from the two-year statute of limitations and applies to the notice period, not the lawsuit itself.
While these exceptions may provide extra time, they are narrowly applied. Individuals considering a wrongful death claim should take action well before these deadlines approach to avoid disputes over timeliness.
Who Can File a Wrongful Death Claim in Texas?
Texas limits who can bring a wrongful death lawsuit. Only certain close relatives of the deceased are permitted to file. These are defined under Texas Civil Practice and Remedies Code § 71.004.
The following individuals may bring a claim:
- Surviving Spouse. A husband or wife of the deceased may file individually or join a claim with others. This includes both legally married spouses and, in some cases, common-law spouses if their relationship meets Texas legal requirements.
- Children. Biological and legally adopted children may bring a claim. Adult children are also eligible. Stepchildren are generally not permitted to file unless they were legally adopted.
- Parents. Biological or adoptive parents of the deceased may file a claim. In most cases, both parents are entitled to recover damages, regardless of the deceased’s age at the time of death.
These family members may file the claim individually or as a group. Texas law allows any party to initiate the lawsuit without waiting for the others. However, if no claim is filed within three months of the death, the personal representative of the estate may file on behalf of all beneficiaries—unless a surviving spouse, child, or parent objects.
Texas does not allow siblings, grandparents, cousins, or unrelated parties to file a wrongful death lawsuit. The right to bring the claim is reserved for spouses, children, and parents.
How to File a Wrongful Death Claim in Austin
The process of filing a wrongful death claim involves several legal steps. It begins with evaluating the facts and concludes, in many cases, with a settlement or court judgment. Filing a claim in Austin follows the same general legal structure as the rest of Texas but may include local court requirements or jurisdictional considerations.
1. Consultation with an Austin Wrongful Death Attorney
The first step is to speak with a lawyer who handles wrongful death cases. During this consultation, the legal team will review the available facts, determine eligibility to file, and assess whether a negligent or wrongful act likely occurred.
2. Investigation
If the claim moves forward, the law firm will begin investigating the cause of death. This may include reviewing medical records, police reports, photographs, witness statements, or internal company documents. In some cases, experts may be retained to analyze safety issues, cause of death, or economic damages.
3. Documentation and Filing
Once the necessary information is gathered, a formal petition is filed in civil court. This document outlines the basis for the claim, the parties involved, and the damages sought. The petition must be served on the defendant, and deadlines for response and pretrial procedures follow under the Texas rules of civil procedure.
4. Negotiation and Settlement
Most wrongful death claims settle out of court. Insurance companies may enter into negotiations once liability is clear and the amount of damages is calculated. Settlement offers are typically reviewed with the client and may include payment for medical costs, funeral expenses, lost earning capacity, and emotional loss.
5. Trial
If the insurance company does not offer a fair settlement, the case can proceed to trial in a Travis County court or another appropriate venue. A judge or jury will determine whether the defendant is liable and how much compensation is warranted.
Each case has its own timeline and legal strategy. Some resolve within months; others take longer, depending on the facts, parties, and willingness to settle. Filing within the required period preserves the right to pursue all available legal remedies.
What Happens If You Wait Too Long to File a Claim?
Failing to take timely legal action after a wrongful death can result in more than a delayed claim—it can result in a permanent loss of legal rights. Texas courts strictly enforce the two-year statute of limitations. If a lawsuit is filed after this period expires, the defendant may request that the court dismiss the case. Courts often grant this request without reviewing the merits of the underlying claim.
This rule applies even if the deceased’s family believes they have strong evidence or feel the delay was justified. Courts rarely make exceptions unless a recognized legal reason applies, such as legal incapacity or concealed wrongdoing. Even in those cases, a delay can create additional legal hurdles, especially if evidence becomes unavailable or witnesses are no longer reachable.
Insurers also monitor deadlines. If a claimant contacts an insurer after the legal time limit, the company may reject the claim immediately. The statute does not require a formal denial; it simply removes the legal foundation for recovery once the time limit runs out.
In practical terms, delays can also weaken the strength of a claim. Medical records, surveillance footage, and financial documentation may be harder to obtain. Witness memories may fade. These factors can limit what can be proven in court or during settlement discussions.
Common Misconceptions About Deadlines and Filing
Many people rely on non-lawyers' assumptions or advice when determining if they still have time to file. This can lead to missed deadlines and preventable claim denials.
- Misconception 1: The clock starts when the investigation ends. Some families believe the statute of limitations begins only after they discover what caused the death. In most cases, the legal deadline starts on the date of death—not when a medical examiner issues a report, when toxicology results are finalized, or when police investigations conclude.
- Misconception 2: Insurance negotiations extend the deadline. Engaging with an insurance company or waiting for a claim review does not pause the statute of limitations. Only the formal filing of a lawsuit in court preserves the right to compensation beyond the two-year window. Insurance correspondence or settlement talks do not count as legal action.
- Misconception 3: Only the executor can file the claim. Eligible family members—specifically the spouse, children, or parents—may file on their own. They do not need to wait for the estate’s executor to take action unless no wrongful death lawsuit has been filed within the first three months. After that period, the executor may act only if eligible family members do not object.
- Misconception 4: The deadline is flexible if the loss is severe. The statute of limitations applies regardless of emotional hardship or financial impact. Courts require all claimants to comply with the filing timeline, even in extreme losses.
These misconceptions often lead to delay, which can lead to lost recovery. Knowing the rules and taking timely action are necessary to preserve the ability to recover damages.
When to Contact a Wrongful Death Attorney in Austin
Most families are unfamiliar with the legal process and may hesitate to contact a law firm during a loss. However, early legal review allows important steps to be taken while information is fresh and legal deadlines are open.
Consulting with an Austin wrongful death attorney allows for timely record collection, preservation of evidence, and communication with insurers or opposing parties. It also clearly explains whether the statute of limitations has begun, whether any exceptions may apply, and who has the right to file.
The two-year period can pass quickly. Legal consultations do not require commitment to file a lawsuit but can provide a clear assessment of available options. Families can often obtain help evaluating financial losses, documenting emotional harm, and determining liability without upfront fees. These initial steps allow the case to move forward when the time is right without losing legal rights due to delay.
Early review also reduces the risk of submitting incomplete insurance claims or accepting offers that fail to reflect the actual value of the loss. With the correct process in place, families can pursue compensation for medical expenses, lost income, funeral costs, and loss of companionship under Texas law.
Contact a Wrongful Death Attorney in Austin
After losing a loved one, families are often overwhelmed with grief, responsibilities, and financial concerns. Dealing with legal procedures simultaneously can make an already difficult period more complicated. Missing a deadline or submitting incomplete documentation may reduce the chances of a successful outcome.
Lorenz & Lorenz, PLLC can help prevent delays and reduce the burden of dealing with insurers, document requests, or court filings. An attorney can evaluate the facts, identify who may be held liable, and determine whether the filing period is still open under Texas law.
Once retained, a wrongful death attorney can gather records, obtain statements, and prepare a legal strategy. This includes communicating directly with insurance providers, preparing necessary documents, and pursuing a claim reflecting the loss's full scope.
By managing the legal aspects of the case, your attorney allows you to focus on your family and daily responsibilities without having to track legal deadlines or respond to settlement offers alone. Call (512) 477-7333 or complete our online form to schedule your free consultation and find out how we can help you and your family today.
