Wrongful death

Someone you love died because of someone else.

Nothing on this page makes that right. What it can do is tell you, plainly, who the law lets act for the family, what can be claimed, and how long you have, in California, Texas and Washington, so that no decision has to be made in the dark.

The short answer

Who can bring the claim is set by statute and differs by state. California: spouse or partner, children, and others who depended on the person. Texas: spouse, children and parents. Washington: the personal representative of the estate, for the family.
There are usually two claims. The family’s own loss, and the claim the person had before dying, which belongs to the estate.
The clock starts at the death: two years in California and Texas, three in Washington, with the short government claim rule if a public agency is involved.
If alcohol was served to the driver, the bar or store may share responsibility in Texas and Washington, and only in narrow cases in California.
You do not have to decide anything this week. Preserve what you can, decline recorded statements, and let a lawyer carry the rest.

Who can act

A wrongful death claim is the family’s claim for its own loss: the support, the companionship, the care the person would have given. Each state names who may bring it.

California allows the surviving spouse or domestic partner, the children, and the children of any child who has died. If there are no children or grandchildren, those who would inherit under intestate succession. Stepchildren, parents and a putative spouse may also claim if they depended on the person for support.

Texas allows the surviving spouse, children and parents, any of whom may file for the benefit of all. If none has filed within three calendar months of the death, the executor or administrator of the estate must file unless all of them ask that no claim be brought. Siblings and grandparents are not included.

Washington puts the claim in the hands of the personal representative of the estate, who brings it for the benefit of the spouse or state registered domestic partner and the children, including stepchildren, or if there are none, the parents or siblings.

Families are not always of one mind about this. Where the people named by statute disagree about whether or how to proceed, a lawyer can often sort it out before it becomes a dispute, and early is easier.

The two claims

Alongside the family’s claim there is usually a second one: the claim the person themself had in the moments or days between the injury and the death. That claim does not die with them. In all three states the estate carries it on. Texas calls it a survival action and gives it to the heirs and estate. Washington has separate survival statutes. California allows it too, with one recent change: in a survival action filed on or after January 1, 2026, the estate’s claim no longer includes the person’s own pain and suffering.

Which claim covers what, and who receives what, is one of the places where the states differ most and where a page like this one stops being enough. It is a conversation to have with a lawyer licensed where the death happened.

Time

The deadline is generally counted from the date of death: two years in California and Texas, three in Washington. If a government agency is involved, through a city bus, a police pursuit, a public road or a public hospital, a written claim is due within six months in California and Texas, and a Texas city’s charter may shorten that; Washington requires a tort claim form and a sixty day wait before suit. The deadlines page has each rule with its source.

Two years sounds long. It is not. The insurer for the other side begins its work in the first week, and evidence does not wait for grief to pass. There is no need to make any decision now, but there is every reason to have someone preserving what matters while you cannot.

Your next step

Talk to a lawyer about the death in your family

Tell the firm what happened, in your own words. It tells you what it can do and what comes next. The call commits you to nothing, and the line is answered at any hour.

Ask for a call back Or call 800-300-0001Or call 800-300-0001

The rules, with their sources

These are the rules of law this page relies on. Each one is a general statement with exceptions that are not shown, and each links to the statute, regulation or court decision it comes from.

Topic	California	Texas	Washington
Who can bring a wrongful death claim	The surviving spouse or domestic partner, the children, and the children of any child who has died. If the person left no children or grandchildren, those who would inherit under intestate succession. Stepchildren, parents and a putative spouse can also bring a claim if they depended on the person who died. [1]	The surviving spouse, children and parents. Any of them can file for the benefit of all. If none has filed within three calendar months of the death, the executor or administrator of the estate must file unless all of them ask that no claim be brought. Siblings and grandparents are not included. [2]	The personal representative of the estate files the claim. It is for the benefit of the spouse or state registered domestic partner and the children, including stepchildren. If there are none, it is for the parents or siblings. [3]
Claim on behalf of the person who died	The estate can also bring the claim the person had before they died. In a survival action filed on or after January 1, 2026, that claim does not include the person’s own pain and suffering. [4]	The injury claim the person could have brought had they lived continues after death and belongs to their heirs and estate. [5]	Separate survival claims let the estate pursue what the person could have claimed had they lived. [6]
Deadline to sue after a death	Generally two years for a death caused by someone else’s wrongful act or carelessness, usually counted from the date of death. [7]	Two years, counted from the date of death. [8]	Three years, generally counted from the date of death. [9]
Bars and others who serve alcohol	California generally does not hold a bar, store or host responsible for what an intoxicated customer does. The exceptions are selling or giving alcohol to an obviously intoxicated minor, and an adult who knowingly provides alcohol at their home to someone under 21. [10]	A bar or other provider can be liable when it was apparent that the person it served was obviously intoxicated to the point of being a clear danger, and that intoxication caused the harm. [11]	A business that serves someone who is apparently under the influence can be liable to a person that customer then injures. [12]
Claims against a government agency	A written claim must be presented to the city, county, state agency or other public entity within six months. If the entity sends a proper written rejection, a lawsuit generally has to be filed within six months of that notice. A request to file late must be made within a reasonable time, not to exceed one year after the claim arose. The statute leaves a few narrow kinds of time out of that year. [13]	A city, county, school district or state agency must receive notice of the claim within six months of the incident. The notice describes the injury or damage, the time and place, and what happened. A city’s charter can set its own notice period, which may be shorter, so do not assume you have the full six months. [14]	Before suing a city, county or other local government, you must present a tort claim form to its designated agent and then wait 60 calendar days. Claims against the State go to the Office of Risk Management with the same 60 day wait. The form has to be presented within the normal limitation period, and that period is paused during the 60 days. [15]

Sources

The rules on this page were last checked against these sources on October 3, 2026. Laws change, so follow the link before you rely on a rule.

Attorney review in progress. Responsible attorney: Emery Brett Ledger. Page last updated October 26, 2026.