Losing a loved one is incredibly difficult, and when their death is caused by someone else’s actions or negligence, it can feel even more overwhelming. For families in Texas, filing a wrongful death claim can be a way to hold the responsible party accountable and begin to find a sense of closure.
A wrongful death claim gives surviving family members the right to seek compensation for both the emotional and financial toll of their loss. But these cases have strict time limits. In Texas, you usually have two years from the date of your loved one’s death to file a claim. If you miss this deadline, you may lose the chance to take legal action and pursue the compensation you deserve.
At Aldous Law, we know how heavy this time can feel for families. Our team is here to support you with clear guidance and a steady hand, helping you through the legal process while standing up for what you and your family are owed. If you’re not sure whether you’re eligible to file a wrongful death claim, reach out to us — we’re here to help you understand your options and move forward.
Understanding the Statute of Limitations in Texas
The statute of limitations is a crucial legal deadline that determines how long you have to file a wrongful death claim after the loss of a loved one. In Texas, this time limit is strictly enforced by the courts, and failing to file within the designated period can result in losing your right to seek justice and compensation. These statutes are in place to ensure that claims are brought while evidence is still fresh and to provide all parties with a clear sense of closure and legal certainty.
The statute of limitations for wrongful death claims in Texas typically includes:
- Two years from the date of death: Most wrongful death actions must be filed within two years after your loved one’s passing.
- Limited exceptions: Certain circumstances, such as delayed discovery of the cause of death or cases involving minors, may affect the deadline.
- Court discretion: In rare cases, courts may allow for exceptions if specific criteria are met, but these are not guaranteed.
Given the strict nature of these deadlines, it’s essential to work with an experienced attorney who can review your situation, help you determine the precise time frame, and ensure all documents are filed on time. This support can make a critical difference in preserving your claim and protecting your family’s right to the compensation and closure you deserve
When Does the Two-Year Clock Start Ticking?
The two-year statute of limitations for filing a wrongful death claim in Texas typically begins on the date of your loved one’s passing. This means that the moment death occurs, the legal “clock” starts running, and families have a two-year window to take action. It’s crucial to be aware of this timeline, as missing the deadline can prevent you from seeking justice and financial recovery.
Who Can File a Wrongful Death Claim in Texas?
In Texas, the following people are eligible to file a wrongful death claim:
- The deceased person’s surviving spouse
- Children (including adult children)
- Parents of the deceased
- In certain cases, an executor or administrator of the estate
Being able to file a claim ensures that responsible parties are held accountable and that your family has the opportunity to pursue the closure and compensation you deserve. Acting within the legal timeframe is key, and an attorney can help you navigate this process with confidence and care.
Exceptions That May Extend the Filing Deadline
In most cases, Texas gives families two years to file a wrongful death claim. But in certain situations, that deadline can be extended. This usually happens when the cause of death wasn’t immediately clear, the person responsible wasn’t known, or the defendant was out of state. There may also be extra time in cases involving minors.
These exceptions are limited and can be hard to apply without legal help. Courts generally require a formal process to approve them, so it’s important to speak with an attorney if you think one of these situations might apply to your case.
Common Mistakes That Jeopardize Your Case
Common mistakes that can jeopardize your case include:
- Waiting too long to investigate or file a claim
- Not documenting evidence or witness statements promptly
- Failing to identify all liable parties
- Relying on verbal promises or informal agreements
- Attempting to negotiate directly with insurers without legal counsel
Because these exceptions are limited and frequently contested by insurance companies and defendants, it’s important to get legal advice early on. Speaking with a personal injury attorney can help make sure your claim is filed on time, any possible exceptions are reviewed, and your rights are protected throughout the process.
What If the Deadline Has Already Passed?
Even if you think the deadline to file a wrongful death claim has passed, it’s still worth speaking with an attorney. There may be specific situations that give you more time, but these are often complicated and hard to sort out without legal help. A wrongful death attorney can look at the details of your case, see if any exceptions apply, and move quickly to protect your family’s rights. Don’t assume it’s too late until you’ve talked to someone who knows the law.
How a Texas Wrongful Death Lawyer Can Help
Working with a Texas wrongful death lawyer means having someone on your side who listens, explains things clearly, and walks you through the legal process step by step. With experience handling similar cases and a deep understanding of Texas law, your attorney can make sure your claim is thorough, timely, and built to stand strong — so you can focus on your family while they handle the legal side.
A wrongful death attorney can help carry the burden for your family by:
- Investigating the circumstances of your loved one’s death to uncover the truth
- Collecting and preserving critical evidence and witness statements
- Handling all communications with insurance companies and opposing parties
- Managing important court filings, deadlines, and legal documents
- Explaining your rights and keeping you informed throughout the process
- Negotiating for fair settlements or representing you at trial if necessary
With Aldous Law at your side, your family can focus on healing while they take the lead in seeking justice. Our support can make a significant difference in achieving accountability, securing rightful compensation, and ultimately finding a measure of peace after a devastating loss.
Don’t Wait—Protect Your Family’s Rights Today
If your family is searching for answers or hopes to explore your legal options, Aldous Law is here to listen and help. We understand how much you’ve endured, and we want to stand by your side as you honor your loved one’s memory. Reach out for a free consultation with our dedicated wrongful death attorneys. We’ll provide clear guidance and genuine support at every step, so you can feel secure knowing your family’s rights are protected.
