# Wrongful death

> A wrongful death claim is brought by family members or the estate when someone dies because of another person's wrongful act. Who can bring it and when.

Canonical page: https://accidentclaimfacts.com/glossary/wrongful-death/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

Wrongful death is a civil claim brought when someone dies because of another person's wrongful act, such as careless driving. It is brought by close family members or by the estate's representative, depending on the state, and it compensates the family for losses the death caused them.

## In a car accident claim

Each state has its own wrongful death rules, and the details differ. State law decides who can bring the claim and who shares the money. In Texas, the claim benefits the surviving spouse, children and parents. In New York, it is brought by the personal representative of the estate on the family's behalf.

The deadline to sue is set by state law too, and it may start on a different day from an ordinary injury claim. In Texas, it is 2 years, counted from the date of death.

A wrongful death claim is often paired with a survival action, which is the deceased person's own claim for what they suffered before death, brought for the estate. A criminal case against the driver, if there is one, is separate from both.

This guide has a longer page on [wrongful death after a car accident](https://accidentclaimfacts.com/injuries/wrongful-death/) that covers who can bring a claim, what it can include and how the money is divided, with examples from several states.

## Example

> **Example:** A parent of two is killed when a drunk driver crosses the center line. The surviving spouse and children bring a wrongful death claim for the loss of the parent's income, care and companionship. The estate brings a separate survival action for the medical bills before death, and the driver also faces criminal charges.

## Related terms

- [Survival action](https://accidentclaimfacts.com/glossary/survival-action/)
- [Personal representative](https://accidentclaimfacts.com/glossary/personal-representative/)
- [Loss of consortium](https://accidentclaimfacts.com/glossary/loss-of-consortium/)
- [Damages](https://accidentclaimfacts.com/glossary/damages/)

## FAQ

### Who can file a wrongful death claim?

It depends on the state. Many states let the spouse, children and sometimes parents bring it; others require the estate's personal representative to file on the family's behalf.

### Is a wrongful death claim the same as a criminal case?

No. A wrongful death claim is a civil case for money, decided by the civil standard of proof. A criminal case seeks punishment, and either can happen without the other.

## Sources

- [Cornell Law School, Legal Information Institute, Wrongful death](https://www.law.cornell.edu/wex/wrongful_death) — who brings the claim and who benefits
- [Texas Legislature, Civil Practice and Remedies Code § 71.004](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.71.htm), checked October 29, 2026
- [New York State Senate, EPTL 5-4.1](https://www.nysenate.gov/legislation/laws/EPT/5-4.1), checked October 29, 2026
- [Texas Legislature, Civil Practice and Remedies Code § 16.003(b)](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm), checked October 29, 2026