Grief doesn’t work on a timeline. But the legal system does.
And when you’re reeling from the loss of a loved one—especially due to someone else’s negligence—clocking legal deadlines may be the last thing on your mind.

Unfortunately, time matters more than most people realize. In Texas, wrongful death claims are bound by a very real, very strict legal window. Miss it, and your right to seek justice might vanish—regardless of how strong your case is.

Experienced Fort Worth wrongful death attorneys often see this exact scenario: a family waits too long to file, thinking they have time. The truth? That ticking clock starts much earlier than you’d expect.

Let’s break down what you need to know about the timeline—and how to avoid missing your chance to take legal action.

The Statute of Limitations in Texas: Two Years Means Two Years

Texas law gives surviving family members two years from the date of the person’s death to file a wrongful death lawsuit.

Not from the accident. Not from when the investigation ends. From the date of death itself.

And no, that’s not just a suggestion—it’s a legal boundary. If you try to file a claim even a day past that deadline, chances are the court will dismiss it outright. Case over. No compensation. No trial. Nothing.

So while grief might slow everything else down, the law moves forward, whether you're ready or not.

Who Can File—and When?

In Texas, the right to file a wrongful death claim belongs to specific family members:

● Spouse
● Children (including adult children)
● Parents

These parties can file individually or together. If none of them act within three months, the estate representative (often the executor named in a will) may be able to bring the claim instead.

But again—regardless of who files, that two-year clock is still running.

What About Exceptions? (They're Rare but Possible)

There are very few circumstances where the statute of limitations might pause—or “toll”—in wrongful death cases. Some examples include:

● The plaintiff is a minor: If a child loses a parent and is under 18, their two-year window usually begins once they become a legal adult.
● Discovery Rule: In rare situations, if the cause of death wasn’t known—or couldn’t have been known—right away, the court may allow the two-year period to start from the date of discovery.
● Fraud or Concealment: If someone actively hid what caused the death, the court may consider tolling the deadline until the truth comes out.

Don’t rely on these exceptions. They’re complex, hard to prove, and often hotly contested by insurance companies and defense lawyers.

Why Filing Early Isn’t Just About Deadlines

You could technically wait until the end of the two-year period. But that doesn’t mean you should.

Here’s why sooner is better:

● Evidence fades fast (witness memories, security footage, accident debris)
● Insurance companies build their defense early—sometimes within days of the incident
● Building a strong case takes time: experts, medical records, legal filings
● You may need time to negotiate a settlement before filing a lawsuit

In short? Early action gives your legal team more leverage and more time to do it right.

Final Word: Time Heals Some Wounds, But Not All Claims

There’s nothing easy about losing someone to negligence, recklessness, or intentional harm. Filing a wrongful death lawsuit won’t bring them back. But it can provide closure, financial support, and accountability.

Still, the law won’t wait for grief to subside.

If you’re unsure whether you have a case—or how much time is left on that legal clock—talk to someone who knows the law and respects your loss.