What is the statute of limitations for wrongful death in Texas?

Wrongful death actions must be filed within 2 years of the date of death. (Tex. Civ. Prac. & Rem. Code § 16.003)

Texas law

Wrongful Death Laws in Texas.

Texas's wrongful-death statute (Tex. Civ. Prac. & Rem. Code Chapter 71) permits recovery by the surviving spouse, children, or parents. Damages include pecuniary losses, loss of companionship and society, mental anguish, and loss of inheritance. The 2-year statute of limitations runs from the date of death. Texas's modified comparative fault applies. The Texas Survival Statute (§ 71.021) permits recovery of pre-death pain and suffering.

Last verified: 2026-04-17

State law

Statute of Limitations

2 years from date of deathTex. Civ. Prac. & Rem. Code § 16.003

Wrongful death actions must be filed within 2 years of the date of death.

State law

Key Texas Statutes

Wrongful Death ActTex. Civ. Prac. & Rem. Code § 71.001 et seq.

Action brought by the surviving spouse, children, or parents. Damages include pecuniary losses, loss of companionship and society, mental anguish, and loss of inheritance. After 3 months, personal representative may bring action on behalf of all statutory beneficiaries.

Survival StatuteTex. Civ. Prac. & Rem. Code § 71.021

Causes of action survive the death of the plaintiff. Permits recovery of pre-death pain and suffering, medical expenses, and lost earnings between injury and death.

Medical Malpractice Wrongful Death CapTex. Civ. Prac. & Rem. Code § 74.303

In medical-malpractice wrongful death cases, the noneconomic damages cap is $500,000 (2003 tort reform, adjusted for inflation — approximately $1.4M in 2024).

State law

Official Sources

Texas Civil Practice and Remedies Code

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Texas.

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Wrongful Death Laws in Texas.

Statute of Limitations

Key Texas Statutes

Official Sources

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