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 New Jersey, wrongful death claims are governed by the New Jersey Wrongful Death Act, which can be found in N.J.S.A. 2A:31-1 to 2A:31-6. This statute allows the decedent's heirs or dependents to seek compensation for losses resulting from the wrongful death of a loved one. The claim must be filed by the executor or administrator of the decedent's estate, and the damages awarded are distributed to the beneficiaries according to the intestacy laws of the state if there is no will. The types of damages recoverable include reasonable funeral and burial expenses, loss of financial support, loss of companionship, and guidance. Unlike some states, New Jersey does not allow for the recovery of punitive damages or damages for emotional distress in wrongful death cases. The statute of limitations for filing a wrongful death claim in New Jersey is generally two years from the date of death.