What Is the Deadline to File a Wrongful Death Lawsuit from an Auto Accident in Texas?


Under state law, there is a strict deadline to file a wrongful death lawsuit from an auto accident in Texas. If your family member lost their life in a crash, the statute of limitations gives you two years to file a suit against the at-fault party. If you need help holding the liable party responsible for your loved one’s death, you should contact a lawyer as soon as possible.

The wrongful death lawyers at D. Miller & Associates, PLLC, can help you fight for justice after losing a family member because of someone else’s negligence. Contact us at 713-850-8600 for a free consultation with an attorney.

Who Can File a Wrongful Death Lawsuit?

If someone else’s negligence or an intentional harmful act caused your family member’s death, you might qualify to file a wrongful death case. In Texas, only certain relatives are allowed to sue for wrongful death. These eligible family members include:

  • Spouses;
  • Minor and adult children;
  • Parents; and
  • Legally adopted children or adoptive parents.

If a family member does not file a wrongful death lawsuit within three months, state law allows a personal representative to file the lawsuit. The family, however, does have the ability to prohibit personal representative from filing the lawsuit.

What Documentation Do I Need to File a Wrongful Death Claim in Texas?

To win your case, we need evidence showing that someone else was responsible for your loved one’s accident. Evidence of negligence is necessary to prove this type of case. We must be able to show that:

  • The defendant had a duty of care to keep your loved one reasonably safe;
  • They were negligent in this duty;
  • This failure led to the accident and, ultimately, your loved one’s death; and
  • You suffered damages because of your loved one’s death.

We can establish these key points with the following documentation:

  • Medical reports;
  • Police reports;
  • Receipt of medical costs;
  • Receipt of funeral expenses; and
  • Income statements.

What Damages Can I Recover With This Type of Suit?

In a wrongful death case, you can recover compensation for the losses and expenses your family experienced because of your loved one’s death. You could recover compensation for any of the following damages:

  • Loss of your loved one’s income;
  • Your pain and suffering;
  • Loss of companionship or family relationship;
  • Loss of likely inheritance;
  • Medical costs associated with their death;
  • Loss of parental care;
  • Loss of consortium; and
  • Funeral and burial costs.

Depending on who files the wrongful death claim, the compensation is usually divided among family members. If the incident involved extreme circumstances, your family might also be eligible for punitive damages.

A judge might award punitive damages to penalize the other party for grossly negligent actions. They are most common in wrongful death cases involving malicious harm or extreme negligence, such as in homicide cases or drunk driving (DWI) accidents.

What Types of Auto Accidents Qualify for a Wrongful Death Claim?

Any fatal crash that involved driver negligence might qualify for a wrongful death suit. We have experience holding the at-fault party liable in cases involving:

How Can a Lawyer Help With My Claim?

Navigating the legal process after the death of a loved one can cause extra stress in an already traumatic situation. Our attorneys can handle each step for you, while you and your family recover.

We Offer Complimentary and Confidential Consultations.

We understand the severity and complexity of your case. We also understand that this is an emotional time for you and your family. The free and confidential consultation gives us the opportunity to evaluate the specific details of your case, while you get the chance to ask any questions you might have about the legal process.

We Will Collect All Necessary Documentation.

Because it is important that we demonstrate how the at-fault party’s negligence led to your loved one’s death, we need to collect convincing evidence and documentation.

We Can Handle All Negotiations.

We can reach out to witnesses and discuss negotiations with the responsible party on your behalf. We understand that compensation will not bring your loved one back. However, by walking you through the legal process, we can get you the compensation you deserve and hold the liable party responsible for their actions.

How Do I Start Working With a Wrongful Death Lawyer Today?

The attorneys at D. Miller & Associates, PLLC, can help you file your wrongful death lawsuit before the deadline expires in your case. We want to make sure you and your family get the justice you deserve. Call us at 713-850-8600 today to get started with your free case evaluation.