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 Montana, wrongful death claims are governed by Montana Code Annotated (MCA) Title 27, Chapter 1, Part 5. According to these statutes, a wrongful death claim can be filed when a person's death is caused by the wrongful act or negligence of another. The claim is typically brought by a personal representative of the deceased person's estate on behalf of the surviving family members, which may include the spouse, children, or parents of the deceased. The damages that may be recovered include medical expenses, funeral costs, lost earnings, loss of companionship, and pain and suffering experienced by the deceased before death. Montana law also sets a time limit, known as the statute of limitations, for filing a wrongful death lawsuit, which is generally three years from the date of the person's death. However, this time limit can vary depending on the specific circumstances of the case, such as in instances of deliberate concealment or when the death is caused by a homicide.