When must a Texas action for injury resulting in death be brought?

Identify an action actually governed by section 16.003(b). Establish claimant entitlement and the cause separately.

Preserve the injured person’s actual death date. Do not substitute the earlier injury or estate qualification.

Review a specific asbestos, silica or listed-offense provision and any applicable suspension before using this ordinary branch.

1. Identify an action actually governed by section 16.003(b). Establish claimant entitlement and the cause separately.
2. Establish that the scoped statutory branch governs and that no suspension or different limitation applies.
3. Add 2 calendar years to the verified event.
4. Check the final day, actual county opening and applicable filing boundary.

A statutory year is twelve consecutive months under Government Code 311.005(12). Section 311.014(c) uses the corresponding numerical day in the concluding month, or that month’s last day if no corresponding day exists. Count calendar years, not 365 days per year. Establish the statutory event before using its anniversary.

CPRC 16.072 extends its statutory suit-filing period when the final day is a Saturday, Sunday or holiday to the next day county offices are open for business. Rule 4 and Government Code 311.014 also address final weekends and legal holidays. The calculator applies the encoded Texas calendar for 2026 through 2028. Establish the actual county calendar, governing holiday treatment and any additional closure separately. A state employee’s optional day off does not itself establish a court closure.

Fictitious example

Fictitious facts. Death of the injured person for the scoped section 16.003(b) action is independently established as July 6, 2025. This ordinary branch governs. No suspension, extension, competing limitation or protected governmental right applies.

Fictitious dates. The event and statutory branch are independently established. No suspension, competing limitation or additional closure applies. For the separate weekend fixture, county offices are expressly assumed open July 12, 2027. This is not a verified calendar for every county.

Separate asbestos or silica rule

Section 16.0031 expressly addresses personal injury or death resulting from its defined asbestos or silica injury and compares death with compliant-report service.

Death after a listed offense

Section 16.0045(c) uses death as accrual for its specified offense-resulting-in-death actions, within that section’s own limitation framework. This ordinary calculator does not choose that framework.

Disability when the cause accrues

Section 16.001 excludes the time of a qualifying minority or unsound-mind disability existing at accrual. A later disability does not suspend the clock, and disabilities cannot be tacked. This calculator assumes no qualifying disability and does not classify the facts.

Death during an existing clock

Section 16.062 can suspend an existing limitation for up to twelve months, with an earlier restart when an executor or administrator qualifies. A death date alone does not supply the claim’s remaining time.

Absence from Texas

Section 16.063 states a suspension during the absence of the person against whom the cause may be maintained. This calculator assumes no applicable suspension. The statutory text alone does not settle judicial restrictions or constitutional application to a particular defendant.

Prior action dismissed for lack of jurisdiction

Section 16.064 conditionally suspends limitations between filings when the same action is commenced in a proper court within sixty days after final disposition. Intentional disregard of jurisdiction is excluded. The calculator does not determine that suspension.

Specified governmental rights

Section 16.061 protects its listed state and political-subdivision rights against the provisions it names. Do not apply this ordinary claimant calculation to such a protected right.

• The calculator does not decide accrual, constructive discovery, claim classification or a disputed suspension.
• A request for more time is not a statutory extension. Rule 5 concerns its stated rule, notice or order periods; it does not establish general relief from a statute of limitations.
• Rule 21(f)(6) permits seeking appropriate relief after a technical failure. Its required reasonable extension concerns deadlines imposed by the rules. Do not assume it automatically revives this statutory limitation.

• Identify an action actually governed by section 16.003(b). Establish claimant entitlement and the cause separately.
• Preserve the injured person’s actual death date. Do not substitute the earlier injury or estate qualification.
• Review a specific asbestos, silica or listed-offense provision and any applicable suspension before using this ordinary branch.
• Section 16.0031 expressly addresses personal injury or death resulting from its defined asbestos or silica injury and compares death with compliant-report service.
• Section 16.0045(c) uses death as accrual for its specified offense-resulting-in-death actions, within that section’s own limitation framework. This ordinary calculator does not choose that framework.
• Section 16.001 excludes the time of a qualifying minority or unsound-mind disability existing at accrual. A later disability does not suspend the clock, and disabilities cannot be tacked. This calculator assumes no qualifying disability and does not classify the facts.
• Section 16.062 can suspend an existing limitation for up to twelve months, with an earlier restart when an executor or administrator qualifies. A death date alone does not supply the claim’s remaining time.
• Section 16.063 states a suspension during the absence of the person against whom the cause may be maintained. This calculator assumes no applicable suspension. The statutory text alone does not settle judicial restrictions or constitutional application to a particular defendant.
• Section 16.064 conditionally suspends limitations between filings when the same action is commenced in a proper court within sixty days after final disposition. Intentional disregard of jurisdiction is excluded. The calculator does not determine that suspension.
• Section 16.061 protects its listed state and political-subdivision rights against the provisions it names. Do not apply this ordinary claimant calculation to such a protected right.
• For district or county court, Rule 22 commences suit by filing a petition with the clerk. Under Rule 21(f)(5), ordinary electronic filing must occur before midnight in the court’s time zone unless a particular time controls. Transmission to the electronic filing service provider is the filing event, subject to the rule’s holiday and leave-order conditions. Keep the transmission receipt and verify the proper court. This calculator does not establish service diligence, a paper filing cutoff, justice-court requirements or federal filing rules.