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 Vermont, wrongful death claims are governed by Vermont Statutes Title 14, Sections 1491-1492. These laws allow the estate of a deceased person to file a lawsuit against those responsible for the individual's death. The claim can be brought by the administrator of the decedent's estate for the benefit of surviving family members, including the spouse, children, parents, or the next of kin. Damages that may be recovered include expenses for care, treatment, and hospitalization, compensation for the decedent's pain and suffering prior to death, reasonable funeral and burial expenses, and the loss of income and services of the deceased. The statute of limitations for filing a wrongful death claim in Vermont 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 application of these laws to their situation.