Wrongful Death 8 min read
After losing a family member, the legal process is the last thing anyone wants to think about, and yet Texas law puts several clocks in motion the day of the death. Understanding who may file, what the deadlines are, and how a wrongful death case actually unfolds helps families make decisions calmly rather than under pressure from an insurance adjuster. This guide walks through the Texas wrongful death timeline step by step.
Texas Civil Practice and Remedies Code Chapter 71 limits wrongful death claims to the surviving spouse, children, and parents of the deceased. Siblings, grandparents, and other relatives cannot bring a wrongful death claim, even when they were closest to the person who died.
Any one of those eligible family members may file individually or together. If none of them files within three months of the death, the personal representative of the estate may file unless the family expressly requests otherwise.
A separate claim, the survival action, belongs to the estate and covers what the deceased person suffered before death, including medical expenses, conscious pain and suffering, and funeral costs. Most cases pursue both together.
The general wrongful death statute of limitations in Texas is two years from the date of death under Section 16.003(b). Missing it ends the claim regardless of how strong the evidence is.
Several exceptions shorten or extend that window. Claims against a governmental entity, such as a city, county, or transit authority, require formal written notice within six months under the Texas Tort Claims Act, and many city charters shorten that to 90 days or less. Claims on behalf of a minor child may be tolled until the child reaches adulthood. Medical malpractice claims require a 60-day pre-suit notice and expert report requirements under Chapter 74.
Evidence deadlines are shorter than legal deadlines. Camera footage, vehicle black box data, and trucking records are often overwritten within days or weeks, which is the practical reason to consult an attorney early even if you are not ready to make decisions.
The first phase is investigation, typically one to three months. Counsel gathers the incident report, medical and autopsy records, employment and earnings history, and preserves physical and electronic evidence. In trucking and workplace deaths, this phase begins within days.
Next comes the claim and negotiation phase. Once the full scope of damages is documented, a demand goes to the insurer. Some cases resolve here within six to twelve months, particularly where liability is clear and policy limits are modest.
If the insurer will not pay fairly, suit is filed and the case enters discovery, depositions, and expert work, commonly twelve to twenty-four months in Harris County depending on the court's docket. Mediation usually occurs before trial, and most cases settle there. A case that tries to verdict can take two to three years or more.
Finally, an heirship or estate step may be required to allocate settlement funds among beneficiaries, especially where minors are involved. Court approval is required for a minor's portion.
Wrongful death damages include lost earning capacity the deceased would have provided, lost care, maintenance, services, advice, and counsel, lost inheritance, and mental anguish and loss of companionship suffered by the surviving family.
The survival claim adds the deceased's own medical bills, conscious pain and suffering before death, and funeral and burial expenses. Exemplary damages are available in cases involving gross negligence, and Texas does not cap them in wrongful death cases arising from willful acts or gross neglect.
Valuing these losses requires economists, life care planners, and often vocational experts. Insurers routinely open with numbers that ignore future losses entirely, which is why families should not accept an early offer without a full damages workup.
Generally two years from the date of death. Claims against governmental entities require written notice within six months or less, and some claims involving minors may be tolled.
The surviving spouse, children, and parents share the wrongful death recovery in proportions the jury determines or the parties agree on. Survival claim proceeds pass through the estate.
Straightforward cases can resolve in six to twelve months. Cases that require litigation commonly take eighteen months to three years, depending on the Harris County court's docket and the complexity of the damages.
Most wrongful death cases settle, often at mediation. Court appearances are usually limited, though settlements involving minors require judicial approval.