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 Wisconsin, wrongful death claims are governed by Wisconsin Statutes section 895.04. This statute allows certain family members or the personal representative of the deceased person's estate to file a wrongful death claim. The claim can be made against any person or entity whose negligent, reckless, or intentional actions are found to have caused the death of the individual. Eligible family members typically include the spouse, children, or parents of the deceased. Damages that may be recovered include costs associated with the death, such as medical and funeral expenses, as well as compensation for the loss of companionship and support. There are also statutory limits on non-economic damages in medical malpractice wrongful death cases. It is important to note that wrongful death claims in Wisconsin must be filed within a specific time frame, known as the statute of limitations, 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.