Is there a statute of limitations on a wrongful death suit?

Yes, the amount of time allowed to file a wrongful death lawsuit in Texas is typically two years from the date of the individual’s death. A family may lose their right to bring a wrongful death action if they fail to do so within the statute of limitations. There are some exceptions to this rule.

If the cause of the wrongful death was not apparent and was only discovered later, then the clock on the two-year statute of limitations does not start ticking down until a reasonably prudent person would have known that they had a legal claim. A good example is a defective medical device that causes a death. If the discovery that the medical device had a fatal defect only occurs several years after the death, then the family of the person who died may have two years from the date of discovery to bring a wrongful death lawsuit.

A minor child also may have additional time to file a wrongful death claim. For example, if a 12-year-old child lost a parent in a car accident caused by another motorist, the child would have until he or she turned 20 years old (two years beyond 18th birthday) to file a wrongful death claim seeking damages for the loss of a parent.