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 Colorado, wrongful death claims are governed by the Colorado Wrongful Death Act, which can be found in sections 13-21-201 to 13-21-204 of the Colorado Revised Statutes. This law allows certain family members or the representative of the deceased person's estate to file a lawsuit seeking monetary damages for the death if it was caused by the negligent, reckless, or intentional actions of another party. The statute specifies who may file the claim, with the right generally falling first to the spouse of the deceased, then to the deceased's children if there is no spouse, and if there are no children, the parents may file the claim. If none of these relatives are alive, the representative of the estate may bring the action. The damages that may be recovered include economic losses such as lost wages and benefits, as well as non-economic damages like grief, loss of companionship, and emotional stress. There are also specific time limits, known as statutes of limitations, for filing a wrongful death claim in Colorado, which is generally two years from the date of death, but can vary depending on the circumstances surrounding the case.