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 Pennsylvania, wrongful death claims are governed by the Pennsylvania Wrongful Death Act, found in 42 Pa.C.S. §§ 8301-8302. This statute allows the personal representative of the deceased's estate to file a lawsuit on behalf of the beneficiaries, which can include the spouse, children, or parents of the decedent. The claim must be filed within two years of the date of death, according to the state's statute of limitations. The damages that may be recovered include funeral and burial expenses, hospital and medical expenses, lost wages and benefits, estate administration costs, and compensation for the pain and suffering of the survivors. The purpose of the wrongful death action is to compensate the family members for the financial losses they have incurred due to the death of their loved one. If no personal representative is appointed within six months of the death, any beneficiary may file the wrongful death claim on behalf of all beneficiaries. It's important to consult with an attorney to understand the specific application of these laws to an individual case.