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 North Carolina, wrongful death claims are governed by statutes, specifically N.C. Gen. Stat. § 28A-18-2. This law allows the personal representative of the deceased's estate to file a wrongful death lawsuit against the party whose negligent, wrongful, or intentional act caused the death. The damages that may be recovered include expenses for care, treatment, and hospitalization, compensation for pain and suffering of the decedent, reasonable funeral expenses, and the present monetary value of the decedent to the persons entitled to receive the damages recovered. The beneficiaries of the award can include the decedent's surviving spouse, children, and parents, or if none are alive, then other relatives as provided by law. The statute of limitations for filing a wrongful death claim in North Carolina is generally two years from the date of death. It is important for those considering such a claim to consult with an attorney to understand the specific nuances of the law and how it applies to their situation.