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Law Office of Richard J. Presutti
  • Home
  • About Our Firm
    • Presutti, Richard J.
    • Presutti, Anthony T.
    • Smith, Meredith M.
    • Whitehead, Sarah M.
  • Practice Areas
    • Motor Vehicle Accidents
      • Motorcycle Accidents
      • Trucking Accidents
      • Distracted Driving Accident
      • Pedestrian & Bicycle Accidents
      • Head-on/Rear-end Collisions
      • Uninsured/Underinsured Motorist Accidents
    • Personal Injury
      • Catastrophic Injuries
      • Slip and Fall Accidents
      • Premises Liability
      • Defective Product
      • Wrongful Death
    • Oil Field/Refinery Accidents
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  5. How long do you have to file a wrongful death claim in Texas?

How long do you have to file a wrongful death claim in Texas?

On Behalf of Law Office of Richard J. Presutti, P.C. | Nov 18, 2025 | Wrongful Death

Losing someone you love because of another person’s actions brings pain and confusion. In those moments, you might not be ready to think about legal steps. Still, knowing the time limits for filing a wrongful death claim in Texas can help you protect your right to seek compensation.

Understanding the time limit

In Texas, the law sets a specific time frame for filing a wrongful death lawsuit. You typically have two years from the date of your loved one’s death to start your claim. This deadline is known as the statute of limitations. If you miss it, you could lose the right to bring your case to court. Courts rarely make exceptions, so acting within this window is important.

Why the time limit matters

The two-year limit ensures that evidence remains fresh and witnesses’ memories stay reliable. Waiting too long can make it harder to prove your case because documents, records, and other key details can disappear over time. Filing within the deadline keeps your claim valid and gives you a better chance of recovering damages for your family’s losses.

Possible exceptions to the rule

Although the two-year rule applies to most wrongful death cases, some exceptions exist. For example, if the person responsible tried to hide their role in the death or if the deceased was a minor, the court might extend the filing period. Each situation is unique, so understanding these limited exceptions can make a difference.

When someone’s negligence causes a loved one’s death, time matters. Knowing how long you have to file your wrongful death claim helps you stay prepared and avoid losing your chance for justice. Acting within Texas’s two-year window gives families the opportunity to seek accountability and compensation for their loss.

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Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw

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