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 Massachusetts, wrongful death claims are governed by Massachusetts General Laws Chapter 229, Sections 1 and 2. This statute allows the executor or administrator of the deceased person's estate to file a wrongful death lawsuit on behalf of the deceased's survivors. These survivors may include the spouse, children, or parents of the deceased, depending on who is alive at the time of death. The law permits recovery of damages for loss of support, companionship, and funeral expenses, among other things. Additionally, if the wrongful act was malicious, willful, wanton, or reckless, or constituted gross negligence, punitive damages may also be awarded. The statute of limitations for filing a wrongful death claim in Massachusetts is generally three years from the date of death, but this can vary depending on the specific circumstances of the case. It is important for those considering a wrongful death claim in Massachusetts to consult with an attorney to understand the nuances of the state's laws and how they may apply to their particular situation.