What is wrongful death?
Wrongful death is a civil claim that close family members can bring when a person dies because of someone else's wrongful act, carelessness or neglect. It asks for money for what the family lost, such as income, support and companionship. In Arizona the claim exists when the person could have sued for the injury had they lived.
Last checked November 9, 2026 · Official sources (5)
What does a wrongful death claim look like? An example
Example: a 45-year-old father is killed when a tractor-trailer driver falls asleep and crosses the center line. His wife and two teenage children can bring a wrongful death claim. It might include the wages he would have earned to support them, the value of his help at home, funeral costs, and the loss of his love and guidance. A related claim for his estate may cover his own medical bills and pain before he died. No dollar figure is predictable; it depends on the evidence and on each state's law.
Why does the wrongful death label matter to a family?
It decides who may sue, who shares the money and how long the family has. Missing the deadline usually ends the claim for good. In Texas a death claim must be filed within two years, counted from the death. Arizona also starts the two-year clock at the death.
A wrongful death claim can go forward whether or not anyone is charged with a crime. The civil case is about money for the family; a criminal case is about punishment by the state.
Who can bring a wrongful death claim in Texas and Arizona?
| State | Who brings it and who benefits |
|---|---|
| Texas | The action is for the exclusive benefit of the surviving spouse, children and parents. Siblings are not on the list. |
| Arizona | Brought by the surviving spouse, child, parent or guardian, or the personal representative of the person who died. |
Our full wrongful death guide and deadline guide cover the steps, the survival claim and what other states allow.
Wrongful death vs. a survival claim
A wrongful death claim pays the family for its own loss. A survival claim, where the state allows it, is the injured person's own claim continuing after death, brought for the estate, for things like the person's medical bills and pain before dying. Families often bring both together.
Questions
How long do you have to file a wrongful death claim?
In Texas and Arizona, generally two years from the date of death. Other states differ, and special rules can shorten the time for claims against a government.
Can siblings sue for wrongful death in Texas?
Not under the Texas statute, which is for the surviving spouse, children and parents.
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See if I’m owed moneySources (5)
- A.R.S. § 12-611, checked 2026-11-09. “When death of a person is caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action to recover damages”
- Tex. Civ. Prac. & Rem. Code § 71.004(a), checked 2026-11-09. “An action to recover damages as provided by this subchapter is for the exclusive benefit of the surviving spouse, children, and parents of the deceased.”
- Tex. Civ. Prac. & Rem. Code § 16.003(b), checked 2026-11-09. “A person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death. The cause of action accrues on the death of the injured person.”
- A.R.S. § 12-542(2), checked 2026-11-09. “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.”
- A.R.S. § 12-612(A), checked 2026-11-09. “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”