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Guide · Updated

When a family member dies: wrongful death basics

If someone in your family died after a crash, a fall or another injury, you don’t have to decide anything today. This guide explains the words you’ll hear and the deadline that still runs while you grieve. It doesn’t replace advice from a lawyer about your family.

Right away

First, take the time you need

When you’re ready, it helps to keep these papers together in one place:

  • The death certificateOrder several copies; banks, insurance companies and courts often ask for one.
  • Any police or crash reportAnd the report number, the agency’s name and any officer’s name.
  • Medical and funeral billsKeep every bill and receipt, even ones already paid.
  • Letters from insurance companiesDon’t sign a release or settlement paper before you understand what it gives up.

Insurance companies may call

You don’t have to give a recorded statement to the other side’s insurance company. Talking to the other driver’s insurance company explains what to say and what to hold back.

Good to know

What a wrongful-death claim is

A wrongful-death claim asks for money from the person or company whose careless or wrongful act caused a death. Each state sets its own rules. In Texas, for example, a person is responsible for a death caused by their own or their employee’s “wrongful act, neglect, carelessness, unskillfulness, or default”1.

A criminal case is separate. In Texas, a family can bring a wrongful-death claim even if the death was caused by a crime or there may be a criminal case about it1.

Good to know

Two kinds of claim: wrongful death and survival

You may hear about two different claims after a death. Many states have both. New York, like Texas, keeps both: a wrongful-death action2 and the injured person’s own claim, which survives their death3. Florida is different: when an injury causes death, the injury claim does not survive, and one wrongful-death action covers the losses of the family and the estate4.

  • Wrongful death: for the family’s own lossIn Texas it is for the benefit of the surviving spouse, children and parents1. The money is divided among them in shares the jury decides1, and it can’t be taken to pay the debts of the person who died1.
  • Survival: the claim the person had before they diedIn Texas, an injured person’s own injury claim doesn’t end at their death1. It passes to their heirs, legal representatives and estate1.

Good to know

Who can bring the claim

In Texas, the surviving spouse, children and parents can bring the claim, or one or more of them can bring it for all of them1. If none of them starts the claim within a short time set by the statute, the estate’s executor or administrator must bring it. That is the person who handles the estate. The exception is when all the family members ask that person not to1.

Other states list different family members, and some require the estate’s representative to bring the claim. In New York and Florida, for example, the claim is brought by the personal representative of the person who died (the executor or administrator)24. Because family members share one claim, it helps to talk with each other before anyone signs with a firm.

Within weeks

Getting medical records

Under federal privacy rules, a doctor or hospital must treat the executor or administrator of the estate as the person’s representative. This covers records relevant to that role5. They may also share information with a family member who was involved in the person’s care. The information must relate to that involvement, and the person must not have said otherwise6. How to get medical records.

This week

The deadline often starts at the death

In Texas, a wrongful-death suit must be brought within two years, and the time starts on the day of the death7. If a government body may be responsible, notice can be due much sooner: in Texas, within six months8.

Each state’s page lists its wrongful-death deadline separately from the usual injury deadline. Find your state’s deadline.

These state guides each have a section on claims after a death, with the law cited: South Dakota, Vermont and Wyoming.

When you’re ready

If you want a lawyer

You don’t have to hire one, and you can take time to choose. Many injury firms take death cases on a contingency fee.

Wrongful death rules in your state

The deadline to file and the other rules for a wrongful death case are set by each state. Pick yours.

When you’re ready

Find an injury lawyer, on your terms

Search by city and type of case. Every firm’s facts show where they came from and when. We don’t rank firms. Listing is free and doesn’t depend on buying anything.

Find a lawyer near you

Sources

Where the legal facts on this page come from

  1. Tex. Civ. Prac. & Rem. Code ch. 71 (wrongful death; survival)“§ 71.002. (a) An action for actual damages arising from an injury that causes an individual's death may be brought if liability exists under this section. (b) A person is liable for damages arising from an injury that causes an individual's death if the injury was caused by the person's or his agent's or servant's wrongful act, neglect, carelessness, unskillfulness, or default. § 71.004. (a) 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. (b) The surviving spouse, children, and parents of the deceased may bring the action or one or more of those individuals may bring the action for the benefit of all. (c) 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. § 71.006. An action under this subchapter is not precluded because the death is caused by a felonious act or because there may be a criminal proceeding in relation to the felony. § 71.010. (a) The jury may award damages in an amount proportionate to the injury resulting from the death. (b) The damages awarded shall be divided, in shares as found by the jury in its verdict, among the individuals who are entitled to recover and who are alive at that time. § 71.011. Damages recovered in an action under this subchapter are not subject to the debts of the deceased. § 71.021. (a) A cause of action for personal injury to the health, reputation, or person of an injured person does not abate because of the death of the injured person or because of the death of a person liable for the injury. (b) A personal injury action survives to and in favor of the heirs, legal representatives, and estate of the injured person. …”Texas Legislature, Texas Constitution and Statutes · read 7 Nov 2026Read the source
  2. N.Y. Estates, Powers & Trusts Law § 5-4.1 (wrongful-death action by personal representative)“1. The personal representative, duly appointed in this state or any other jurisdiction, of a decedent who is survived by distributees may maintain an action to recover damages for a wrongful act, neglect or default which caused the decedent's death against a person who would have been liable to the decedent by reason of such wrongful conduct if death had not ensued. Such an action must be commenced within two years after the decedent's death …”New York State Senate, Laws of New York (read on nysenate.gov) · read 8 Nov 2026Read the source
  3. N.Y. Estates, Powers & Trusts Law § 11-3.2 (injury action survives death)“(b) Action by personal representative for injury to person or property. No cause of action for injury to person or property is lost because of the death of the person in whose favor the cause of action existed. For any injury an action may be brought or continued by the personal representative of the decedent …”New York State Senate, Laws of New York (read on nysenate.gov) · read 8 Nov 2026Read the source
  4. Fla. Stat. § 768.20 (wrongful death — parties)“The action shall be brought by the decedent’s personal representative, who shall recover for the benefit of the decedent’s survivors and estate all damages, as specified in this act, caused by the injury resulting in death. When a personal injury to the decedent results in death, no action for the personal injury shall survive, and any such action pending at the time of death shall abate. …”Florida Legislature (2026 Florida Statutes, read on flsenate.gov) · read 8 Nov 2026Read the source
  5. 45 C.F.R. § 164.502(g) (personal representatives)“(g)(1) Standard: Personal representatives. As specified in this paragraph, a covered entity must, except as provided in paragraphs (g)(3) and (g)(5) of this section, treat a personal representative as the individual for purposes of this subchapter. … (4) Implementation specification: Deceased individuals. If under applicable law an executor, administrator, or other person has authority to act on behalf of a deceased individual or of the individual's estate, a covered entity must treat such person as a personal representative under this subchapter, with respect to protected health information relevant to such personal representation.”Electronic Code of Federal Regulations (eCFR), current as of 1 Oct 2026 · read 7 Nov 2026Read the source
  6. 45 C.F.R. § 164.510(b) (disclosures to family members)“(b) … (5) Uses and disclosures when the individual is deceased. If the individual is deceased, a covered entity may disclose to a family member, or other persons identified in paragraph (b)(1) of this section who were involved in the individual's care or payment for health care prior to the individual's death, protected health information of the individual that is relevant to such person's involvement, unless doing so is inconsistent with any prior expressed preference of the individual that is known to the covered entity.”Electronic Code of Federal Regulations (eCFR), current as of 1 Oct 2026 · read 7 Nov 2026Read the source
  7. Tex. Civ. Prac. & Rem. Code § 16.003“(a) Except as provided by Sections 16.010, 16.0031, and 16.0045, a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues. (b) 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.”Texas Legislature (statutes current through the 89th Leg., 2nd C.S., 2025) · read 7 Nov 2026Read the source
  8. Tex. Civ. Prac. & Rem. Code § 101.101“(a) A governmental unit is entitled to receive notice of a claim against it under this chapter not later than six months after the day that the incident giving rise to the claim occurred. The notice must reasonably describe: (1) the damage or injury claimed; (2) the time and place of the incident; and (3) the incident. (b) A city's charter and ordinance provisions requiring notice within a charter period permitted by law are ratified and approved. (c) The notice requirements provided or ratified and approved by Subsections (a) and (b) do not apply if the governmental unit has actual notice that death has occurred, that the claimant has received some injury, or that the claimant's property has been damaged.”Texas Legislature (statutes current through the 89th Leg., 2nd C.S., 2025) · read 7 Nov 2026Read the source

This is general information, not legal advice.