Wrongful Death Deadline vs. Personal Injury Statute of Limitations

By the FigureMyTax Editorial Team · How we calculate

The two-year period is the same, but it starts at different times.

Two years from death

CPRC 16.003(b) requires suit within two years after the day the cause of action accrues in an action for injury resulting in death, and the cause of action accrues on the death of the injured person.

Compared with an injury claim

Personal injury suits have the same two years, from the day the cause of action accrues. If the injured person dies later, the death claim runs from the death.

Health care claims

A health care liability claim must be filed within two years from the breach or the completion of treatment, and no later than ten years after the act or omission, a statute of repose.

Pre-suit steps

Health care claims also need written notice 60 days before filing and an expert report within 120 days after the answer.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Texas's rules apply to your specific case with a licensed Texas attorney.