The timeline for a Texas wrongful death lawsuit depends on whether fault is disputed, how many parties and insurers are involved, and whether the case settles or goes to trial. Families often expect a set schedule, but the law sets deadlines for starting a case, not for finishing one.
Knowing which stage your family's case is in and what tends to slow each stage down makes the wait easier to plan around. A Dallas wrongful death lawyer can help you avoid unnecessary delays and keep an eye on your filing deadline.
Key Takeaways: Texas’s Wrongful Death Lawsuit Timeline
- You generally have two years from the date of death to file a wrongful death lawsuit in Texas.
- If no eligible family member files within three calendar months after the death, the executor or administrator is directed to bring the claim unless all eligible family members object.
- Most of the time in a contested wrongful death lawsuit is spent in investigation and discovery, not in the courtroom.
- Texas courts can refer a pending case to mediation, which gives families a structured chance to settle before trial.
- Disputed fault, commercial defendants, pending criminal charges, and minor beneficiaries are common reasons a case takes longer.
How long does a wrongful death case usually take in Texas?
There is no fixed timeline for a wrongful death claim in Texas because each case has unique factors that shift the length of the process. A Texas wrongful death claim can settle within months when fault and insurance are clear, while a case that goes through full litigation and trial often takes well over a year.
What Are the Stages of a Wrongful Death Lawsuit in Texas?
A Texas wrongful death lawsuit generally moves through five stages: investigation and claim, filing and answer, discovery, mediation and settlement talks, and trial. A case can settle at any point, which is why many cases never reach the later stages.
| Stage | What Happens | What Controls the Timing |
|---|---|---|
| Investigation and claim | The family's lawyer gathers records, identifies defendants and insurers, and may present a claim before filing suit | How quickly records arrive and whether insurers engage before a lawsuit |
| Filing and answer | The family files a petition, the defendants are served, and each defendant files an answer | The amount of time to locate and serve each defendant |
| Discovery | Both sides exchange documents, answer written questions, take depositions, and hire technical witnesses such as accident reconstructionists | The court's scheduling order, the number of parties, and disputes over evidence |
| Mediation and settlement talks | A neutral mediator helps the parties negotiate | When the court orders mediation, it determines whether both sides have the information they need |
| Trial and appeal | A jury decides liability and damages, and either side may appeal | The court's trial calendar and whether an appeal is filed |
The stages overlap more than the table suggests. Settlement negotiations, for example, often run alongside discovery rather than waiting for it to finish.
Investigation and Claim Before Filing
The investigation stage builds the foundation for the entire wrongful death case, and its length depends on how much evidence must be collected. Crash reports, medical records, and witness information usually come first. In a commercial vehicle case, the investigation also reaches the carrier's driver logs, maintenance records, and electronic data.
Some insurers make an offer during this stage. Families are not required to file a lawsuit to settle, but an early offer may arrive before the full extent of the family's losses is clear.
Filing the Petition and the Defendant's Answer
Filing the petition starts the lawsuit in court, in a county that Texas venue rules allow, often the county where the crash happened. After service, Texas gives a defendant until 10:00 a.m. on the Monday after 20 days have passed to file an answer. Locating and serving a trucking company, an out-of-state driver, or several defendants can add weeks to this step.
Discovery in a Wrongful Death Lawsuit
Discovery is the stage when both sides exchange evidence, request records, and question witnesses. It's usually the longest stage of a contested wrongful death lawsuit in Texas. Under the current rules, parties make initial disclosures within 30 days after the first answer is filed, and the court's scheduling order then sets deadlines for the rest.
Depositions of drivers, company representatives, family members, and retained witnesses take time to schedule, especially when several parties are involved.
Mediation and Settlement Negotiations
Mediation is often where a Texas wrongful death case resolves. Chapter 154 of the Civil Practice and Remedies Code lets a court refer a pending case to mediation, where an impartial mediator helps the parties negotiate but cannot impose a result. If mediation doesn’t produce an agreement, the case continues toward trial, and negotiations can resume at any time.
Trial and Possible Appeal
A trial is the stage most families picture, but it’s usually the shortest part of the case in calendar time. When a wrongful death case does go to trial, the steps generally follow this order:
- Jury selection
- Opening statements from each side
- Witness testimony and evidence, including testimony from accident reconstructionists and economists
- Closing arguments
- Jury deliberation and verdict on liability and damages
After a verdict, the losing side may file post-trial motions or an appeal. An appeal is a separate process with its own deadlines, and it can extend the time before a family receives any money.
What Makes a Texas Wrongful Death Lawsuit Take Longer?
A wrongful death lawsuit in Texas usually takes longer when the facts, the parties, or the family's situation add steps to the process.
The most common reasons include:
- Fault is disputed, and both sides need technical analysis
- Several defendants are involved, such as a driver, a motor carrier, and a maintenance company, each with its own insurer
- A criminal case is pending against the at-fault driver
- One or more of the family members who can recover is a minor
- The estate needs a court-appointed representative to pursue the survival claim
Commercial Vehicle and Trucking Cases
Wrongful death cases involving 18-wheelers and other commercial vehicles tend to take longer because there is more to investigate and more parties to answer for the crash. Carriers, their insurers, and sometimes cargo or maintenance companies each have lawyers, and each may point to someone else.
The larger insurance coverage in these cases also means defendants often contest damages more closely.
A Pending Criminal Case
A criminal case against the at-fault driver does not prevent a wrongful death lawsuit. Section 71.006 of the Civil Practice and Remedies Code says the civil claim can proceed even when the death resulted from a felony.
In practice, though, a defendant facing charges may resist giving testimony in the civil case until the criminal case ends, which can slow discovery.
Minor Children and Estate Questions
When a child is entitled to part of a wrongful death settlement, the court generally must approve the agreement to make sure it protects the child's interests. This can mean additional paperwork, a hearing, and arrangements for managing the child's money until they reach adulthood.
A survival claim is different from a wrongful death claim. It seeks compensation for losses your loved one suffered before death, such as medical bills and pain and suffering. Since this claim belongs to the estate, the family may need to have an executor or administrator appointed to handle it.
Both of these complications are common, but they can add time to a wrongful death case, even when everyone agrees on a settlement.
Which Deadlines Run While a Wrongful Death Case Moves Forward?
Texas law sets firm deadlines for starting a wrongful death case, even though it sets none for finishing one. Missing one of these deadlines can end the claim, no matter how strong it is. Our guide to the wrongful death statute of limitations covers the main deadline in more depth.
The key dates are:
- You usually have two years from the date of death to file a wrongful death lawsuit.
- After three months, the estate's executor or administrator must file if no eligible family member has, unless the family asks them not to.
- You generally have six months to give written notice of a claim against a government agency. Some cities require notice sooner.
How Long Does It Take to Receive Wrongful Death Settlement Money?
After a Texas wrongful death case settles, payment still depends on paperwork, approvals, and the insurer's processing, so funds are not distributed on the day of agreement. The settlement agreement and release must be signed, any medical or insurance liens must be resolved, and any portion going to a minor must be approved by a court.
The defendant's insurer then issues payment, and the funds pass through the attorney's trust account.
How Wrongful Death Settlement Money Is Divided
Wrongful death damages are divided among the eligible spouse, children, and parents in shares found by the jury or agreed in settlement. Texas protects them from the deceased person's debts. Our article on the average wrongful death settlement explains the factors that drive the amount.
How Families Can Help Keep a Wrongful Death Case Moving
Families can’t control a court's calendar, but some steps can prevent avoidable delays. Many families find it helpful to gather the following early:
- The death certificate and any probate or estate documents
- Records of the deceased person's income, such as pay stubs and tax returns
- Medical and funeral bills
- Insurance policies, including any of the family's own auto policies
- Names and contact information for every eligible family member
Having these records ready allows a Texas wrongful death lawyer to evaluate damages sooner and respond to discovery requests without waiting. It also helps to avoid posting about the crash or the case on social media while the claim is open.
FAQs: Texas Wrongful Death Lawsuit Timeline
Can a wrongful death claim settle without filing a lawsuit in Texas?
You can settle your Texas wrongful death claim without a lawsuit if the insurer agrees to a fair amount during the claim stage. Many claims that settle this way involve clear fault and adequate insurance coverage. Your family still needs to watch the two-year filing deadline while negotiations continue.
Does every wrongful death lawsuit go to trial?
Many Texas wrongful death lawsuits are resolved through settlement or mediation rather than a jury verdict. A case is more likely to reach trial when the parties disagree sharply about fault or about the value of the family's losses. Preparing the case for trial often encourages realistic settlement discussions.
What happens to a wrongful death case if the at-fault person dies?
A Texas wrongful death case can continue against the at-fault person's estate. Texas allows the executor or administrator to be made a defendant, and the case proceeds as though the person were alive. Any judgment is then paid through the administration of the estate.
What if a family member is not named in the wrongful death lawsuit?
A Texas wrongful death lawsuit is brought for the benefit of all eligible spouses, children, and parents, even if only one of them files. One family member can sue on behalf of all, and the law divides damages among the eligible family members.
Will family members have to give a deposition?
Family members who are parties or who have knowledge of their losses are often asked to give a deposition in a Texas wrongful death lawsuit. A deposition is sworn testimony taken outside the courtroom, usually in a lawyer's office. Your attorney prepares you beforehand and attends with you.
Need Help With Your Texas Wrongful Death Claim?
Waiting on a legal case while grieving is hard, and much of that difficulty comes from not knowing what is happening or why. DFW Injury Lawyers can explain each stage of the process and keep the pressure on the insurers to act in a fair and timely manner.
Our Texas wrongful death lawyers offer free consultations in English and Spanish, and we’re available 24/7. Call DFW Injury Lawyers at 888-231-1341 to bring in the Muscle.
Kevin L. Edwards
Founder
Attorney Kevin Edwards is a co-founder of DFW Injury lawyers. Over the last 15 years, Mr. Edwards has dedicated his practice to helping those who have been injured or harmed by the negligence, malfeasance, and/or recklessness of others.
Author's Bio