What is the statute of limitations for wrongful death in Texas?

Beverly Law. Updated November 2026.

These dates can arrive while a family is still arranging a funeral and settling affairs. A short list of the deadlines that apply, made early, protects the family’s right to decide later.

Two years from the date of death

Civil Practice and Remedies Code 16.003(b) says that in an action for injury resulting in death, suit must be brought within two years after the cause of action accrues, and that it accrues “on the death of the injured person.” If a person was hurt in a crash in March and died in May, the two years for the wrongful death claim count from May.

There is a second limit to keep in mind. Under section 71.003, the family can sue only if the person who died would have been entitled to sue for the injury had they lived. A family should tell the lawyer if their loved one had already settled with anyone or let a claim go before death.

Who files, and the three-month window

The surviving spouse, children and parents may file, and one or more of them may sue for all (section 71.004). If none of them has filed within three calendar months after the death, the executor or administrator of the estate must bring the case, unless all of them ask that it not be filed. The three-month mark decides who may step in, and the two-year deadline still applies. Our page on who can file compares the rules in each state.

Deaths after medical care

A claim against a doctor, hospital, nursing facility or other provider for treatment that “proximately results in injury to or death of a claimant” is a health care liability claim under section 74.001. Chapter 74 has its own timeline:

• Two years from the breach or tort, or from the date the treatment or hospitalization at issue was completed (section 74.251(a)). That date can fall before the death.
• An outer limit of ten years from the act or omission (section 74.251(b)).
• Written notice by certified mail to each provider at least 60 days before suit. The notice tolls the deadline for 75 days (section 74.051).
• After suit, an expert report for each defendant within 120 days after that defendant’s original answer is filed (section 74.351).

Because the expert report comes due quickly after filing, these cases need medical review well before the two years run.

Claims against a government unit

If a city, county, school district or state agency may be responsible, the Texas Tort Claims Act requires notice of the claim within six months after the day of the incident, describing the injury, the time and place, and what happened (section 101.101(a)). Some city charters set their own notice periods, which the statute approves (section 101.101(b)). The formal notice is not required if the government unit had actual notice that the death occurred (section 101.101(c)), but families should not rely on that without advice. The six months run from the incident, which can be earlier than the death.

Children, and the estate’s own claim

Texas does not count the time a person is under 18 in a limitations period (section 16.001). How that pause applies to a child’s wrongful death claim, and how it fits with the separate health care rule in section 74.251, depends on the facts and on how courts read those sections. Do not count on a child’s age to extend the family’s time without legal advice, because the adult family members’ deadline keeps running.

The person who died may also have had a claim of their own. That survival claim passes to the heirs, legal representatives and estate (section 71.021). Under section 16.062, a death suspends the running of limitations for 12 months, and if an executor or administrator qualifies sooner, the clock starts again at that qualification. Our page on survival actions explains the difference.

Texas compared with California and Washington

California’s two-year rule is in CCP 335.1, its medical rule in CCP 340.5 and its six-month claim rule in Gov. Code 911.2, with details on our California deadline page. Washington applies the three years in RCW 4.16.080 and requires a claim and a 60-day wait before suing a local government (RCW 4.96.020); its medical rules are on our Washington deadline page.

Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.

What this means for your case

Write down three dates: the day of the injury, the day of death and, for a medical case, the last day of the treatment in question. Note any government vehicle, road, school or public hospital involved. Keep the death certificate, the police or incident report number, and every letter from an insurer.

If the death followed a crash with a commercial truck, our Texas truck accident page explains the evidence trucking companies hold and why it should be requested early.

Common questions

Related pages

Injury law FAQs

Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 7, 2026.