When families call us after losing a loved one, one of the first questions they often ask is, “How much time do we have to file a claim?” It is a fair question: grief does not move on a timeline, but unfortunately, the law does.
State law says that, in most cases, the Houston wrongful death statute of limitations is only two years. This means families must file a lawsuit within two years of the date of death or risk permanently losing the right to pursue damages in civil court.
That deadline may sound like plenty of time, but two years can pass more quickly than you think. Dealing with the emotional aftermath, arranging finances, and simply trying to adjust to daily life without a loved one make it easy to lose track of time. Reaching out to a wrongful death attorney early can make a difference.
The two-year statute of limitations can be found in Texas Civil Practice and Remedies Code § 16.003(b). For example, if a car crash in Houston tragically took someone’s life in January 2023, their family generally has a filing deadline of January 2025 for a wrongful death lawsuit. After that date, the court usually refuses to hear the case, no matter how tragic the accident or how strong the evidence.
While the law is strict, there are a few situations where you may have more time to file.
These may include:
These exceptions are rare, and you should never rely on them without legal advice from an experienced wrongful death attorney. The court interprets these exceptions narrowly, which is why most families should move forward as if the two-year deadline applies.
Even when families technically have time, we do not recommend waiting. The longer you wait, the more time opponents have to weaken your case.
Evidence that proves negligence can disappear, witnesses can forget, and accident scenes can change. Insurance companies often benefit when families delay, by arguing that too much time has passed to properly investigate.
On the other hand, getting started sooner means your wrongful death lawyer in Houston has more time before the deadline to gather evidence, speak with witnesses, and build the strongest possible claim.
A wrongful death claim is ultimately about accountability. It is about ensuring that a careless driver, an unsafe property owner, or a negligent company is held responsible for your loss.
It is also about protecting your family’s financial future. Compensation can cover medical bills, funeral costs, lost income, and the very real emotional toll.
Our lawyers in Houston have seen firsthand how wrongful death claims, filed within the statute of limitations, can provide stability and ease some of the burden. While a lawsuit cannot give you back your loved one, it may give you closure and a sense that justice has been served.
Do not wait to ask for help. The Houston wrongful death statute of limitations is strict, and once the deadline passes, your family’s legal options may be gone forever.
Fleming Law Accident & Injury Attorneys is here to listen, guide, and take action on your behalf. We are available 24 hours a day. Call us today for a free consultation and let us fight alongside your family.
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