Wrongful death is a legal liability claim or cause of action that may be made in a civil lawsuit (noncriminal case) for money damages against a person or entity whose negligence or intentional act wrongfully caused the death of the deceased person (the decedent).

Wrongful death claims may allow a deceased tort victim’s estate, surviving parents, children, and spouse to recover damages for their losses from the victim’s death.

Laws regarding wrongful death claims vary from state to state. In many states the legislature has enacted statutes (laws) governing any recovery for wrongful death. And in some states the law regarding recovery for wrongful death may be located in the state’s court opinions (also known as case law, common law, or judicial decisions).

In California, wrongful death claims are governed by the California Code of Civil Procedure sections 377.60 through 377.62. These claims allow the decedent's estate, as well as certain surviving family members such as the spouse, domestic partner, children, and in some cases, parents or siblings, to seek monetary damages for their losses resulting from the decedent's death. The damages can include funeral expenses, lost income, loss of companionship, and other losses. To establish a wrongful death claim in California, the plaintiff must prove that the death was caused by the wrongful act or negligence of another party. The statute of limitations for filing a wrongful death lawsuit in California is generally two years from the date of the decedent's death. However, there are exceptions that can extend or shorten this period, such as in cases involving medical malpractice or when the defendant is a government entity.