Wrongful death: a plain guide for families

Last checked November 8, 2026

A wrongful death claim is a civil case brought when someone dies because of another's carelessness or wrongful act. It seeks money for the family's losses. Who can file depends on your state, often a spouse, child, parent or personal representative.¹²³ Some states allow only two years from the death.⁴

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We are sorry for your loss

If you are reading this after losing someone, we are very sorry. You do not have to decide anything today. Nothing on this page needs to be done all at once. This guide explains what a claim is, so you can come back to it when you are ready, or share it with someone who can help you.

The one thing that cannot wait forever is the legal deadline. If you can, ask a trusted relative to find out your state's deadline in the next few weeks, so that time does not make the choice for you.

What is a wrongful death claim?

A wrongful death claim is a civil lawsuit, or an insurance claim that may lead to one. It says that a person or company's negligence or wrongful act caused a death. It can come from a car or truck crash, a work accident, unsafe property, a defective product or medical care. The family does not have to prove a crime, and the case is separate from any criminal charges.

A wrongful death claim cannot make up for your loss. It is one way to hold someone responsible and to help the family with the costs and the income that are gone.

Who can file a wrongful death lawsuit?

This depends on state law, and states differ. Here are three examples.

State	Who brings the claim
Arizona	The surviving spouse, child, parent or guardian, or the personal representative¹
Texas	For the benefit of the surviving spouse, children and parents.² If none of them file within three calendar months, the executor or administrator generally must, unless all of them ask not to.⁵
New York	The personal representative of the person who died³

A personal representative is the person with legal authority to act for the person who died or for their estate.⁶ Sometimes a court must appoint one first. Your state may also have rules about who shares in the money. Arizona, for example, divides it among family members in proportion to their damages.⁷ If there is a disagreement in the family, it helps to bring it up early with someone neutral.

What is the wrongful death statute of limitations?

It is the deadline to file the case. Each state sets its own. In New York, the case must be started within two years after the death.⁴ In Arizona, the two-year limit is counted from the death.⁸ Other states differ, and the deadline can be much shorter if a city, county or state may be responsible. Medical cases and work cases can have their own rules. Check your state on this site, or ask a lawyer to confirm your date.

What should the family do in the first weeks?

Order several certified copies of the death certificate. They come from the state or area where the death happened, not from the federal government.⁹
Keep every bill, from the hospital to the funeral home.
Keep the phone, car, clothing or other items involved, if you can. Do not let an insurer take or destroy them.
Ask for the police report or the accident report, and write down the names of witnesses.
Before speaking with an insurance adjuster, consider asking someone to help you. You do not have to answer questions right away.

Two more things can help your family while you sort this out. Social Security survivor benefits may be open to a spouse, ex-spouse, child or dependent parent of someone who worked and paid Social Security taxes.¹⁰ If the family had health coverage through the job of the person who died, you may be able to continue it under COBRA. Most plans ask you to choose within 60 days of the plan's notice.¹¹

Who pays in a wrongful death case?

Usually an insurance company pays, not the person or company directly. Depending on what happened, that could be auto, trucking, business, homeowners or professional liability insurance. If the death happened at work, your family may have workers' comp death benefits and possibly a claim against someone other than the employer. An employer must report a work death to OSHA within 8 hours,¹² and that report can help you find out what happened.

What records and evidence matter?

The death certificate and any autopsy report.
Medical records. Under federal privacy rules, the personal representative can act on those records for the person who died.⁶
The police, crash or workplace investigation report.
Photos, video and the names of witnesses.
Pay stubs and tax returns that show what your loved one earned.
A record of the care and help they gave at home.

What can a wrongful death claim cover?

Each state lists what the family can claim. In general, it can include medical bills from the final injury, funeral costs, the income the person would have provided, and the loss of care and guidance. New York, for example, includes reasonable medical and funeral expenses.¹³ Some states also allow money for the family's grief. Others do not. Some allow a separate claim for what your loved one went through before death. No one can tell you what a life is worth, and we will not try to give you a number.

When should the family talk to a wrongful death lawyer?

These cases are almost never simple, so it makes sense to talk to one early, once you feel able to. A lawyer can tell you who should file, find your deadline, and deal with insurers so that your family does not have to. A lawyer can review it for free. It is fine to bring a relative or friend to the call.

Things that can hurt a family's claim

Signing a release or accepting a check from an insurer early on.
Giving a recorded statement while grieving.
Letting items from the crash be repaired or thrown away.
Assuming the criminal case will take care of the family's claim.
Waiting until the deadline is near because the family is not ready to talk about it.

Questions

What is the definition of wrongful death?

It is a death caused by another person's or company's negligence or wrongful act, which gives certain family members the right to bring a civil claim.

How long do you have to file a wrongful death claim?

It depends on your state. New York allows two years after the death.⁴ Some deadlines are shorter when a government may be responsible.

Who gets the money from a wrongful death claim?

State law decides. In Arizona, it is divided among the family in proportion to their damages.⁷

Can we file if there are also criminal charges?

Usually yes. A civil claim is separate from the criminal case, and one can move forward even if the other is still going on.

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Sources

Arizona Revised Statutes 12-612, checked 2026-11-08. “An action for wrongful death shall be brought by and in the name of the surviving husband or wife, child, parent or guardian, or personal representative of the deceased person”
Texas Civil Practice and Remedies Code, Chapter 71, checked 2026-11-08. “is for the exclusive benefit of the surviving spouse, children, and parents of the deceased”
New York Estates, Powers and Trusts Law 5-4.1, checked 2026-11-08. “The personal representative, duly appointed in this state or any other jurisdiction, of a decedent who is survived by distributees may maintain an action”
New York Estates, Powers and Trusts Law 5-4.1, checked 2026-11-08. “Such an action must be commenced within two years after the decedent's death”
Texas Civil Practice and Remedies Code, Chapter 71, checked 2026-11-08. “If none of the individuals entitled to bring an action have begun the action within three calendar months after the death of the injured individual, his executor or administrator shall bring and prosecute the action unless requested not to by all those individuals.”
U.S. Department of Health and Human Services, checked 2026-11-08. “the person under applicable law with authority to act on behalf of the decedent or the decedent’s estate”
Arizona Revised Statutes 12-612, checked 2026-11-08. “The amount recovered in an action for wrongful death shall be distributed to the parties provided for in subsection A of this section in proportion to their damages”
Arizona Revised Statutes 12-542, checked 2026-11-08. “For injuries done to the person of another when death ensues from such injuries, which action shall be considered as accruing at the death of the party injured.”
CDC National Center for Health Statistics, checked 2026-11-08. “The federal government does not distribute certificates, files, or indexes with identifying information for vital records.”
Social Security Administration, checked 2026-11-08. “You may be eligible if you’re the spouse, ex-spouse, child, or dependent parent of someone who worked and paid Social Security taxes before they died.”
U.S. Department of Labor, checked 2026-11-08. “Most plans require eligible individuals to make their COBRA election of coverage within 60 days of the plan's notice.”
OSHA, checked 2026-11-08. “A fatality must be reported within 8 hours.”
New York Estates, Powers and Trusts Law 5-4.3, checked 2026-11-08. “the reasonable expenses of medical aid, nursing and attention incident to the injury causing death and the reasonable funeral expenses of the decedent”

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