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What Is the Statute of Limitations for Wrongful Death in Texas?

In Texas, the statute of limitations for wrongful death is generally 2 years under Tex. Civ. Prac. & Rem. Code § 16.003(b).

2 YEARS
Wrongful Death · Texas
✓ Verified Checked Sep 2026

Wrongful death Deadlines in Texas

How long do you have to file a wrongful death claim in Texas?

In Texas, the statute of limitations for wrongful death is generally 2 years under Tex. Civ. Prac. & Rem. Code § 16.003(b).

When does the clock start for wrongful death in Texas?

Two years after the day the cause of action accrues, for an action for injury resulting in death.

Can the Texas deadline for wrongful death be extended?

A survival action for the decedent's own injuries can run separately. Minority and unsound mind toll under § 16.001.

Is the deadline different if the claim is against the government in Texas?

Often, yes. Written notice to the governmental unit within 6 months under Tex. Civ. Prac. & Rem. Code § 101.101. The Texas Tort Claims Act requires notice to the governmental unit within six months of the incident. A city charter or ordinance may impose a substantially shorter deadline — some as short as 45 to 90 days — and that shorter period controls. The general two-y…

How does Texas compare to other states for wrongful death?

Texas's 2 years is in the middle of the range nationally. Across the 50 jurisdictions with a verified figure, the deadline for wrongful death ranges from 1 year to 3 years, and 2 years is the most common. Compare all states →

What Does Wrongful Death Cover?

Situations that typically fall under the wrongful death deadline in Texas:

01 Fatal vehicle or workplace accidents
02 Death from medical negligence
03 Death caused by a defective product
04 Death from criminal or intentional acts
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Other Filing Deadlines in Texas

Statutes of limitations have exceptions, and courts apply them to specific facts. This page states the general rule. A licensed Texas attorney can tell you the deadline that applies to your situation.
See every filing deadline in Texas, or compare wrongful death across all states.
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