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 Delaware, wrongful death claims are governed by Title 10, Chapter 37 of the Delaware Code. According to these statutes, a wrongful death claim can be filed when a person's death is caused by a wrongful act, neglect, or default of another person or entity. The claim must be filed by the personal representative of the decedent's estate, and any damages awarded are distributed to the decedent's heirs in accordance with Delaware's intestacy laws. Eligible beneficiaries may include the spouse, parents, children, and siblings of the deceased. The damages that can be recovered include compensation for financial losses such as lost wages and benefits, as well as non-economic damages like loss of companionship and mental anguish. The statute of limitations for filing a wrongful death claim in Delaware is typically two years from the date of the decedent's death. It is important for those considering a wrongful death claim in Delaware to consult with an attorney to understand the specific requirements and limitations of the law.