When a loved one dies because of someone else’s negligence, families are left grieving and searching for answers. One of the most common questions we hear is simple but important: how long does a wrongful death claim take in Texas?
The honest answer is that there is no fixed timeline. Some wrongful death cases resolve in months. Others take years. The length depends on the facts of the case, the insurance company’s conduct, and whether the case must go to trial.
Below, we explain how long wrongful death lawsuits take, what causes delays, and what families can expect at each stage of the process under Texas law.
What Is a Wrongful Death Claim in Texas?
Under Texas law, a wrongful death claim is a civil lawsuit brought when a person dies due to another party’s wrongful act, neglect, carelessness, or unskillfulness.
These cases commonly arise from:
- Fatal car and truck accidents
- Workplace incidents
- Dangerous products
- Medical negligence
- Premises liability incidents.
The purpose of a wrongful death claim is to compensate surviving family members for the losses they suffer because of the death.
Who Can File a Wrongful Death Lawsuit in Texas?
Texas law strictly limits who can bring a wrongful death claim. Only the following individuals are eligible:
- The surviving spouse
- The deceased person’s children (including adopted children)
- The deceased person’s parents.
Siblings, grandparents, and fiancés generally cannot file a wrongful death lawsuit in Texas.
If none of the eligible family members file a claim within three months of the death, the executor or administrator of the estate may be able to pursue the case unless family members object.
Wrongful Death Claims vs Survival Actions
One reason wrongful death cases take time is that they often involve two separate legal claims.
Wrongful Death Claim
This compensates family members for their own losses, such as:
- Loss of financial support
- Loss of companionship and guidance
- Mental anguish
- Loss of inheritance.
Survival Action
The estate brings this and seeks damages that the deceased could have recovered if they had survived, including:
- Medical bills before death
- Funeral and burial expenses
- Conscious pain and suffering.
These claims are frequently pursued together, which increases the complexity and affects the time it takes to settle wrongful death cases.
Texas Statute of Limitations (The Deadline That Matters Most)
In most cases, a wrongful death lawsuit must be filed within two years of the date of death. If this deadline is missed, the court will almost always dismiss the case, regardless of the strength of the evidence.
There are rare exceptions, but families should never rely on them. Waiting too long can permanently eliminate the right to compensation.
Typical Timeline of a Wrongful Death Case in Texas
No two cases move at the same pace, but most wrongful death claims in Texas follow a similar path through investigation, filing, discovery, and settlement talks. The timeline below outlines what typically occurs at each stage and explains why some cases are resolved in months while others take years, especially when liability is disputed or an insurance company refuses to cooperate fairly.
1. Investigation and Case Preparation (1 to 6 months)
The first phase of how long a wrongful death case takes depends on the complexity of the accident. Before filing a lawsuit, an attorney must investigate the death thoroughly. This often includes:
- Obtaining police and medical records
- Interviewing eye witnesses and expert witnesses
- Preserving physical and digital evidence
- Consulting experts such as accident reconstructionists or medical professionals.
Cases involving commercial vehicles, defective products, or medical negligence often require more time at this stage.
2. Filing the Lawsuit and Serving Defendants (1 to 3 Months)
Once the lawsuit is filed, each defendant must be formally served and given a reasonable amount of time to respond. Delays often occur when:
- There are multiple defendants
- A company tries to avoid service
- Out-of-state parties are involved.
This stage formally sets the legal clock in motion.
3. Discovery Phase (6 months to 2+ years)
This is almost always the longest part of how long a wrongful death lawsuit takes. Both legal teams exchange evidence through depositions and written requests. Because these cases often involve Survival Actions (pain and suffering) and complex economic losses, the discovery process is extensive. It may involve:
- Written questions and document requests
- Depositions of witnesses, family members, and experts
- Expert reports on liability and damages.
Discovery takes longer in wrongful death cases because damages often involve decades of lost income and complex economic analysis.
4. Mediation and Settlement Negotiations (1-3 Months)
Most Texas courts require mediation before trial. Mediation is a structured settlement conference led by a neutral mediator.
Many wrongful death cases are resolved here once insurers understand the full strength and value of the claim. Mediation itself may last only a day, but it typically occurs after months or years of preparation.
5. Trial and Possible Appeals (1 to 3 years total)
If a settlement fails, the case proceeds to trial. Trial preparation is extensive, and court schedules in busy Texas counties can cause delays. Even after a verdict, the losing party may file an appeal, which can add one to two additional years to resolution of the case.
How Long Does It Take to Settle Wrongful Death Claims?
Every case is different, but general timelines look like this:
- Clear liability, limited insurance: 6 to 12 months
- Typical negotiated settlement: 18 to 36 months
- Cases that go to trial: 2 to 4 years or more.
There is no way to force an insurance company to settle quickly without sacrificing value.
Why Some Wrongful Death Cases Take Longer Than Others
Several factors influence the duration of wrongful death lawsuits.
Disputed Liability
If the defendant denies responsibility, the case will take longer to investigate and prove.
Insurance Company Tactics
Insurers may delay, deny, or undervalue claims to pressure families into accepting less than they are entitled to.
Case Value
High-value cases take longer because insurers have more at stake and fight harder.
Probate and Estate Issues
Before a case can settle, an estate representative may need to be formally appointed. Disputes among family members or the absence of a will can cause delays.
Court Backlogs
Some Texas counties have crowded dockets, which can result in delayed trial dates.
Can a Wrongful Death Case Be Resolved Quickly?
Sometimes. But fast resolutions are rarely fair ones. Insurance companies often approach families early with quick settlement offers, especially when grief and financial pressure are at their highest. These offers almost always undervalue long-term losses and permanently waive the right to pursue additional compensation.
A proper wrongful death case takes time because it must account for:
- Future income loss over decades
- Loss of companionship and parental guidance
- Emotional harm that cannot be rushed or guessed.
The goal is not speed. It is full and fair compensation.
How a Wrongful Death Attorney Helps Move the Case Forward
An experienced wrongful death attorney manages the entire process, including:
- Preserving evidence before it disappears
- Handling all insurance communications
- Calculating long-term damages accurately
- Meeting every legal deadline
- Preparing the case for settlement or trial.
This allows families to focus on healing while their legal rights are protected.
Speak with a Texas Wrongful Death Lawyer Today
If you are asking how long a wrongful death case takes, the most important step is starting the process early.
Patino Law Firm represents families across Texas, including Odessa and the Permian Basin, the Rio Grande Valley, and Central Texas. We handle wrongful death cases on a contingency fee basis, meaning you pay nothing unless we win.
- Call 855-LAW-NINJA
- Message us online 24/7
- We come to you if you are unable to travel.
The timeline matters. So does doing it right.
Article Sources
- Texas Legislature. Texas Civil Practice & Remedies Code, Chapter 71: Wrongful Death. Accessed December 17th, 2025
- Texas Legislature. Texas Civil Practice & Remedies Code, Chapter 16: Limitations. Accessed December 17th, 2025
