Kyle Busch's Family Will Not File Wrongful Death Claim

Kyle Busch's family has opted against filing a wrongful death claim, according to court documents revealed Tuesday.

The 41-year-old NASCAR driver died in late May. He died from complications of pneumonia and sepsis. Busch was rushed to the hospital on a Wednesday night and pronounced dead on the following Thursday afternoon. He leaves behind his wife, Samantha, and two children.

The NASCAR world remains deeply saddened by his passing.

"Our entire NASCAR family is heartbroken by the loss of Kyle Busch. A future Hall of Famer, Kyle was a rare talent, one who comes along once in a generation. He was fierce, he was passionate, he was immensely skilled and he cared deeply about the sport and fans. Throughout a career that spanned more than two decades, Kyle set records in national series wins, won championships at NASCAR's highest level and fostered the next generation of drivers as an owner in the Truck Series. His sharp wit and competitive spirit sparked a deep emotional connection with race fans of every age, creating the proud and loyal ‘Rowdy Nation.' Our thoughts are with Samantha, Brexton and Lennix, Kyle and Samantha's parents, Kurt and all of Kyle's family, Richard and Judy Childress, everyone at Richard Childress Racing, his teammates, friends and fans. NASCAR lost a giant of the sport today, far too soon.

"During this incredibly difficult time, we ask everyone to respect the family's privacy and continue to keep them in your thoughts and prayers. Further updates will be shared as appropriate."

Many wondered if any wrongful death lawsuits would be filed after Busch's death, however, it sounds like that won't be happening.

TMZ Sports reported that the family has opted against it.

"The paperwork noted that there is no wrongful death claim that will be filed," the court documents revealed on Tuesday.

Doctor argued Busch's death was 'totally' preventable

The Busch family released a statement on his official cause of death.

"The medical evaluation provided to the Busch Family concluded that severe pneumonia progressed into sepsis, resulting in rapid and overwhelming associated complications," the Busch family statement read. "The Family asks for continued understanding and privacy during this difficult time."

However, Dr. Jesse Morse believes that Busch should've been hospitalized much earlier than he was.

"This was a totally preventable situation. Hindsight is 2020, but ideally when he was calling for help and a 'shot' from his doctor two weeks ago. The proper protocol would've been to have him admitted to the hospital and get IV antibiotics with proper monitoring. Based on what we have heard, this was not the case, and his medical team allowed him to maintain his strenuous activities despite this ongoing infection that eventually evolved into pneumonia. The fact that he won a race less then a week before he passed away, meaning that he was still actively dealing with this infection, is nothing short of extraordinary. It shows you how good of shape he was in and also the power of the mind," he argued.

Ultimately, the Busch family appears to be at peace with his death, as hard as it is.

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This story was originally published June 16, 2026 at 9:09 AM.