Do I need a wrongful death lawyer, and who can file the claim?

What a wrongful death lawyer does, and when you need one

A wrongful death claim is a civil lawsuit for money, brought for the family, when a death was caused by another person's wrongful act, neglect or default. The state statutes allow it when the person who died could have sued for the injury had they lived; Arizona's law says so in those words, and adds that the claim exists even if the death amounts to murder or manslaughter (A.R.S. § 12-611).

• It is separate from a criminal case. A prosecutor decides on charges; the family's claim is its own civil case for money. Several statutes say the claim stands even when the death was a felony, and some give more time after a homicide: 10 years in Montana, 6 years from discovery in Maine, and no limit in Connecticut after a conviction.A.R.S. § 12-611 · Mont. Code Ann. § 27-2-204(2) · 18-C M.R.S. § 2-807(2) · Conn. Gen. Stat. § 52-555(b)
• The law decides who files. In most states the estate's personal representative files for the family; in some, family members file themselves, in an order the law sets. The table below shows each state read for this page.
• The deadline is short. Most states read for this page give 2 or 3 years, usually from the death, and a claim against a government needs a notice or claim within months. Use the calculator at the top of the page.
• When to call a lawyer. When no personal representative is appointed yet, the deadline is near, a government or a hospital is involved, a family member is a minor, or an insurer offers a settlement.

Wrongful death deadline, who files and who gets the money, state by state

Each row was read on November 2, 2026 from the state's own code site (California: the state courts' self-help guide; Nevada: a Supreme Court of Nevada opinion this guide checked on November 1, 2026). Where a statute counts from when the claim "accrues", or names no start day, courts decide that day; the calculator counts from the date of death. The shares, when the law sets them, are in the last columns.

Two federal lines. A death caused by a federal employee at work goes first to the agency as a written claim within 2 years (28 U.S.C. § 2401(b)); see government claims. A death on the high seas beyond 3 nautical miles from the shore falls under the Death on the High Seas Act: the personal representative sues for the spouse, parent, child or dependent relative, for their pecuniary loss, within 3 years (46 U.S.C. §§ 30302, 30303, 30106).

For a death from mesothelioma or another asbestos disease, the deadlines that start at the diagnosis and the trusts and benefits that may pay are on Do I need a mesothelioma lawyer?.

Wrongful death or survival action: two claims after one death

One death can lead to two claims. The wrongful death claim is for the family's own losses: support, services, companionship and, where the law allows, grief. The survival claim is the claim the person had before dying (medical bills, lost pay, pain before death), which passes to the estate and is brought by the personal representative. States combine them differently:

• Florida: one action. When an injury results in death, the injury claim does not survive; the personal representative recovers for the survivors and the estate in the death action.Fla. Stat. § 768.20
• Iowa: every claim survives. All causes of action survive the death and may be brought by the legal representative.Iowa Code §§ 611.20, 611.22
• Maine: a separate count for conscious suffering. When death follows a period of conscious suffering, it is claimed in a separate count in the same action.18-C M.R.S. § 2-807(3)
• Missouri and Minnesota: the person's own losses inside the death claim. Missouri lets the jury add what the person suffered between the injury and the death; Minnesota's recovery covers the person's damages before death and the family's pecuniary loss.RSMo § 537.090 · Minn. Stat. § 573.02
• California: two sets of jury instructions. The Judicial Council's instructions treat survival damages (Code Civ. Proc. § 377.34) and wrongful death damages (§§ 377.60, 377.61) separately.CACI Nos. 3919, 3921

The personal representative, probate and the family

Where the personal representative files, someone must be appointed first, usually by the probate court of the county where the person lived. The probate guide explains how a representative is named; who inherits without a will matters in states that divide the money by the inheritance shares.

• Texas: the family first, then the estate. The surviving spouse, children and parents may sue for all of them. If none of them sues within 3 calendar months after the death, the executor or administrator must, unless all of them ask not to.Tex. Civ. Prac. & Rem. Code § 71.004
• Arizona: letters from any state count. A personal representative includes anyone granted letters testamentary or of administration under the law of Arizona or another state, with no further letters needed.A.R.S. § 12-612(E)
• Minnesota and Wyoming: a representative just for the claim. Minnesota's court appoints a trustee on the petition of the spouse or next of kin. Wyoming's district court appoints a wrongful death representative in a separate action brought only for that.Minn. Stat. § 573.02 · Wyo. Stat. § 1-38-103
• The money often skips the estate's debts. In Maine it goes to the heirs without becoming part of the probate estate. In Texas, North Dakota and Pennsylvania it is not subject to the person's debts; in New Mexico not when a spouse, child, parent, brother or sister survives; in Wyoming not when a spouse, child or parent survives; in Iowa not when a spouse, child or parent survives, except Medicaid repayments.18-C M.R.S. § 2-807(2) · Tex. Civ. Prac. & Rem. Code § 71.011 · N.D. Cent. Code § 32-21-04 · 42 Pa.C.S. § 8301(b) · NMSA § 41-2-3 · Wyo. Stat. § 1-38-102(b) · Iowa Code § 633.336

What a wrongful death claim can recover: what the statutes list

There is no official formula or average. Online settlement calculators are estimates. What each statute does set is which losses count and who may claim them. As read on November 2, 2026:

Caps on wrongful death damages, where a statute sets one

A cap limits what a court can award, whatever the jury decides. Only the caps below were read for this page: a state not listed was not checked, which does not mean it has no cap. The medical malpractice caps come from this guide's medical malpractice page, checked November 1, 2026.

A death caused by a government employee or agency: a claim comes first

Before you can sue a government, you must usually give it a written claim or notice, often within months. Each rule below was read on November 2, 2026:

What a wrongful death lawyer costs

No state publishes a price for a wrongful death lawyer, and no official source gives an average percentage. Most take the case on a contingent fee, a share of what the family recovers. Under the ABA model rule, that agreement must be in writing, signed by the client, and say how the fee is figured, including the percentage, and which expenses come out of the recovery (ABA Model Rule 1.5(c)). A few laws set the most a lawyer may take:

Ask before you sign: the percentage, whether it is figured before or after costs, who pays costs if the case is lost, and how the fee is shared when several family members recover. The fee tables for every injury case are on Personal injury lawyer. Bar-run referral services connect you with a lawyer for your kind of problem. The ones this guide has checked publish a first-consultation price: the State Bar of Texas service up to $20 for up to 30 minutes, The Florida Bar service up to $25 for 30 minutes, and the New York State Bar Association service normally $35 for the first half hour; California certifies its referral services, which you search by county. See Find a lawyer or free legal aid for the details.

Settlements: court approval, taxes and how long it takes

• South Carolina: every settlement needs a court. Any settlement of a wrongful death or survival action must be approved by a probate court, a circuit court or a federal district court, and only a duly appointed personal representative may settle it.S.C. Code §§ 15-51-41, 15-51-42(A)
• Florida: a minor or an objection means court approval. While the action is pending, a settlement that a survivor objects to, or that affects a survivor who is a minor or incompetent, is not effective unless the court approves it.Fla. Stat. § 768.25
• Maine: minor children. A settlement on behalf of minor children is not valid unless the court approves it.18-C M.R.S. § 2-807(2)
• Missouri and Wyoming: the court approves and divides. In Missouri, one of several family members may settle with a circuit court's approval, and the court divides the total by each one's losses. In Wyoming, the court that appointed the wrongful death representative may approve a settlement and resolve disputes over its division.RSMo § 537.095 · Wyo. Stat. § 1-38-102(e)
• Taxes. Damages received on account of personal physical injuries or physical sickness are not income, except punitive damages (26 U.S.C. § 104(a)(2)). Punitive damages in a wrongful death action are excluded too where state law allows only punitive damages in such an action, as it stood on September 13, 1995 (§ 104(c)). The IRS says a settlement for physical injuries is non-taxable unless you deducted the medical expenses in an earlier year (Publication 4345).26 U.S.C. § 104(a)(2), (c) · IRS Publication 4345
• How long it takes. No official source publishes an average time to settle a wrongful death case. The deadline to file is the only fixed date; a court approval step, a probate appointment or a government claim adds time.

Check a lawyer's license in your state before you hire

Check the license before you sign a fee agreement. Use the official search of the state where the case will be filed.

Lawyers are licensed by a state agency in each state, and that agency can tell you whether a person has a law license and may practice there, the American Bar Association says. Its list names the agency in every state: in some it is the state bar, in others the state's highest court or one of its agencies. The table below gives each one, with a link where the site is a government or state-bar site this guide links to. ABA: Lawyer Licensing

• Search the exact name on the license, and check that the status is active and the person is allowed to practice now.
• Look for public discipline. Many of these searches show it, and the same agency handles complaints about lawyers.
• A lawyer from another state usually cannot handle a case in your state's courts unless the court lets them in for that case.
• A business name is not a license. Ask for the lawyer’s own name and check that person, not the firm.

Your first meeting with a wrongful death lawyer: what to bring and ask

Bring what you have; a lawyer can tell you much more with the papers in front of them, and can ask for the rest. Ask:

• “Is your license active in this state, and how many wrongful death cases have you handled?”
• “What is our deadline, and does a government claim come first?”
• “Who must file in this state, and does someone need to be appointed in probate?”
• “Who in the family shares the money, and how is it divided?”
• “Is there a cap on the damages here?”
• “How is your fee figured, before or after costs, and who pays the costs if we lose?”
• “Will a settlement need a court's approval, for example for a child?”

Common questions about wrongful death lawyers and claims

Official sources

1. Alaska Statutes § 09.55.580: action for wrongful death (2 years after the death) akleg.gov
2. A.R.S. § 12-542(2): two years, accruing at the death azleg.gov
3. A.R.S. § 12-611: liability for wrongful death azleg.gov
4. A.R.S. § 12-612: who brings the action, and distribution azleg.gov
5. California Courts Self-Help Guide: Statutes of limitations (wrongful death, Code Civ. Proc. § 335.1, 2 years) selfhelp.courts.ca.gov
6. California Courts Self-Help Guide: Personal injury and wrongful death forms (PLD-PI-001) selfhelp.courts.ca.gov
7. California Courts Self-Help Guide: Ask a government agency to pay you (6 months, 45 days, 2 years) selfhelp.courts.ca.gov
8. Judicial Council of California Civil Jury Instructions (CACI), 2026: Nos. 3919 (survival) and 3921 (wrongful death damages) (PDF) courts.ca.gov
9. Connecticut General Statutes, chapter 925 (§ 52-555: 2 years from the death, 5 years from the act) cga.ct.gov
10. Delaware Code, title 10, chapter 81 (§ 8107: wrongful death, 2 years) delcode.delaware.gov
11. Delaware Code, title 10, chapter 37, subchapter II: wrongful death actions (§ 3724) delcode.delaware.gov
12. D.C. Code § 16-2701: liability and damages (last illness and burial) code.dccouncil.gov
13. D.C. Code § 16-2702: personal representative, 2 years after the death code.dccouncil.gov
14. Florida Statutes § 95.11 (2026): (5)(e) wrongful death, 2 years; (11) homicide acts flsenate.gov
15. Florida Statutes § 768.18 (2026): survivors defined flsenate.gov
16. Florida Statutes § 768.20 (2026): the personal representative brings the action flsenate.gov
17. Florida Statutes § 768.21 (2026): damages flsenate.gov
18. Florida Statutes § 768.25 (2026): court approval of settlements flsenate.gov
19. Florida Statutes § 768.28 (2026): claims against the state ((5)(a) $200,000 / $300,000, (6) claim within 2 years for wrongful death, (8) fees 25 percent) flsenate.gov
20. Iowa Code § 611.20: actions survive (PDF) legis.iowa.gov
21. Iowa Code § 611.22: actions by legal representatives (PDF) legis.iowa.gov
22. Iowa Code § 633.336: damages for wrongful death (PDF) legis.iowa.gov
23. K.S.A. 60-513: actions limited to two years ((a)(5) wrongful death) ksrevisor.gov
24. K.S.A. 60-1902: any heir at law may bring the action ksrevisor.gov
25. K.S.A. 60-1903: damages other than pecuniary loss, $250,000 ksrevisor.gov
26. K.S.A. 60-1904: elements of damage ksrevisor.gov
27. KRS 411.130: action for wrongful death, distribution (PDF) legislature.ky.gov
28. KRS 413.180: action by a personal representative, 1 year after qualification (PDF) legislature.ky.gov
29. Louisiana Civil Code art. 2315.2: wrongful death action (who may sue; 1 year from death or 2 years from injury; malpractice 1 year) legis.la.gov
30. 18-C M.R.S. § 2-807: actions for wrongful death (3 years; caps; minors' settlements) legislature.maine.gov
31. 18-C M.R.S. § 1-108: inflation adjustment of the § 2-807 companionship amount legislature.maine.gov
32. Md. Code, Courts and Judicial Proceedings § 3-904: beneficiaries, damages, 3 years mgaleg.maryland.gov
33. Md. Code, Courts and Judicial Proceedings § 11-108: limit on non-economic damages (150% in wrongful death) mgaleg.maryland.gov
34. Minn. Stat. § 573.02: action for death by wrongful act (3 years; 6 years; trustee) revisor.mn.gov
35. RSMo § 537.080: who may sue, in classes revisor.mo.gov
36. RSMo § 537.090: damages revisor.mo.gov
37. RSMo § 537.095: settlement with court approval and apportionment revisor.mo.gov
38. RSMo § 537.100: three years revisor.mo.gov
39. Mont. Code Ann. § 27-2-204: 3 years; homicide 10 years mca.legmt.gov
40. Mont. Code Ann. § 27-1-513: the personal representative may sue mca.legmt.gov
41. NMSA 1978, chapter 41 (§§ 41-2-1 to 41-2-3: wrongful death; 3 years; distribution) nmonesource.com
42. N.D. Cent. Code chapter 28-01 (§ 28-01-18(4): 2 years from the death) (PDF) ndlegis.gov
43. N.D. Cent. Code chapter 32-21: death by wrongful act (who may bring it, shares) (PDF) ndlegis.gov
44. Oklahoma Statutes, title 12 (§§ 1053, 1054: wrongful death) (PDF) oklegislature.gov
45. 42 Pa.C.S. § 5524: two-year limitation ((2) death) (PDF) palegis.us
46. 42 Pa.C.S. § 8301: death action (beneficiaries, shares) (PDF) palegis.us
47. S.C. Code, title 15, chapter 3 (§ 15-3-530(6): 3 years from the death) scstatehouse.gov
48. S.C. Code, title 15, chapter 51: wrongful death (§§ 15-51-20, -40, -41, -42) scstatehouse.gov
49. SDCL § 21-5-3: three years after the death sdlegislature.gov
50. SDCL § 21-5-5: beneficiaries; brought by the personal representative sdlegislature.gov
51. Texas Civil Practice and Remedies Code, chapter 16 (§ 16.003(b): 2 years, accrues on the death) legis.texas.gov
52. Texas Civil Practice and Remedies Code, chapter 71 (§§ 71.004, 71.009, 71.010, 71.011) legis.texas.gov
53. Texas Civil Practice and Remedies Code, chapter 101 (§ 101.101: notice within six months) legis.texas.gov
54. Utah Code § 78B-2-304 (effective May 6, 2026): within two years, (3) death le.utah.gov
55. Utah Code § 78B-3-106: suit by heir or personal representative le.utah.gov
56. 14 V.S.A. § 1492: action for death from wrongful act (2 years from discovery of the death) legislature.vermont.gov
57. Va. Code § 8.01-50: action for death by wrongful act law.lis.virginia.gov
58. Va. Code § 8.01-52: amount of damages law.lis.virginia.gov
59. Va. Code § 8.01-53: class and beneficiaries law.lis.virginia.gov
60. Va. Code § 8.01-244: two years after the death law.lis.virginia.gov
61. Wyoming Statutes, title 1 (§§ 1-38-101 to 1-38-103: wrongful death) (PDF) wyoleg.gov
62. 46 U.S.C. § 30106: 3 years for a maritime death govinfo.gov
63. 46 U.S.C. § 30302: Death on the High Seas Act, cause of action govinfo.gov
64. 46 U.S.C. § 30303: pecuniary loss, apportioned govinfo.gov
65. Nevada: NRS 11.190(4)(e), deadline to sue for a personal injury nvcourts.gov
66. California: Cal. Bus. & Prof. Code § 6146(a)(1)-(3) (as amended by AB 35, effective January 1, 2023), limit on contingency fees leginfo.legislature.ca.gov
67. Connecticut: Conn. Gen. Stat. § 52-251c(b), (c), (e), (f), limit on contingency fees cga.ct.gov
68. Oklahoma: Okla. Stat. tit. 5, § 7, limit on contingency fees oklegislature.gov
69. Michigan Court Rules, MCR 8.121: contingent fees in personal injury cases (one-third) courts.michigan.gov
70. 28 U.S.C. § 2678: attorney fees in claims against the United States (20% and 25%) govinfo.gov
71. 28 U.S.C. § 2401(b): 2 years to present a tort claim to the federal agency govinfo.gov
72. 28 U.S.C. § 2675(a): the claim to the agency comes first; 6 months govinfo.gov
73. GSA: Standard Form 95, Claim for Damage, Injury, or Death gsa.gov
74. 26 U.S.C. § 104(a)(2): damages for personal physical injuries are not income govinfo.gov
75. IRS Publication 4345: Settlements, taxability irs.gov
76. California: Cal. Civ. Code § 3333.2(b), (c), damages cap in medical malpractice leginfo.legislature.ca.gov
77. Colorado: C.R.S. § 13-64-302 (HB 24-1472), damages cap in medical malpractice leg.colorado.gov
78. Iowa: Iowa Code § 147.136A, damages cap in medical malpractice legis.iowa.gov
79. Louisiana: La. R.S. 40:1231.2(B), damages cap in medical malpractice legis.la.gov
80. Missouri: Mo. Rev. Stat. § 538.210, damages cap in medical malpractice revisor.mo.gov
81. Nebraska: Neb. Rev. Stat. § 44-2825(1), damages cap in medical malpractice doi.nebraska.gov
82. Texas: Tex. Civ. Prac. & Rem. Code § 74.251(a), (b), deadline to sue for medical malpractice tcss.legis.texas.gov
83. Virginia: Va. Code § 8.01-581.15, damages cap in medical malpractice law.lis.virginia.gov
84. New York General Municipal Law § 50-e: notice of claim nysenate.gov
85. ABA Model Rules of Professional Conduct, Rule 1.5: Fees (written fee terms, contingent fees, the ban in criminal and divorce cases) americanbar.org
86. ABA Model Rules of Professional Conduct, Rule 1.15: Safekeeping property (fees paid in advance go into a client trust account) americanbar.org
87. State Bar of Texas: Lawyer Referral & Information Service texasbar.com
88. The Florida Bar: Lawyer Referral Service floridabar.org
89. New York State Bar Association: Lawyer Referral Service nysba.org
90. State Bar of California: certified lawyer referral services calbar.ca.gov
91. American Bar Association: Lawyer Licensing (the agency that licenses lawyers in each state, with its search), opened November 1, 2026 americanbar.org
92. Arkansas: Arkansas Judiciary attorney search, as the ABA lists it attorneyinfo.aoc.arkansas.gov
93. California: State Bar of California attorney search, as the ABA lists it apps.calbar.ca.gov
94. Connecticut: Connecticut Judicial Branch attorney and firm inquiry, as the ABA lists it jud.ct.gov
95. Florida: The Florida Bar member search, as the ABA lists it floridabar.org
96. Idaho: Idaho State Bar attorney roster, as the ABA lists it isb.idaho.gov
97. Indiana: Indiana Roll of Attorneys, as the ABA lists it courtapps.in.gov
98. Maine: Maine attorney directory, as the ABA lists it maine.gov
99. Maryland: Maryland Courts attorney search, as the ABA lists it mdcourts.gov
100. Minnesota: Minnesota Lawyer Registration Office public search, as the ABA lists it lro.mn.gov
101. Nebraska: Nebraska lawyer search, as the ABA lists it mcle.wcc.ne.gov
102. New York: New York State Unified Court System attorney search, as the ABA lists it iapps.courts.state.ny.us
103. North Carolina: North Carolina State Bar license verification, as the ABA lists it portal.ncbar.gov
104. North Dakota: North Dakota Courts lawyer search, as the ABA lists it ndcourts.gov
105. Ohio: Supreme Court of Ohio attorney search, as the ABA lists it supremecourt.ohio.gov
106. Texas: State Bar of Texas Find a Lawyer, as the ABA lists it texasbar.com

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