The second you hear “fatal” and “motorcycle accident” in relation to your loved one, your world is forever changed. A wrongful death claim is one of the most emotional, sensitive, and potentially tumultuous legal actions in the court system. It requires careful handling, sharp representation, and legal skill.
At Brockstedt Mandalas Federico LLC, we have decades of experience helping Delaware residents successfully hold the individual responsible for their loved one’s death accountable. Contact our firm today.
What a Delaware Wrongful Death Lawyer Wants You to Know
If you lost a loved one in a fatal motorcycle accident in Delaware, here is what our attorneys think is most important to understand.
- Only certain close family members, including a surviving spouse, children, parents, or siblings, can file a wrongful death claim, though other relatives may qualify if none of those individuals survive.
- You must prove four elements: that the defendant owed a duty, breached that duty, caused the death, and that your family suffered actual, measurable losses.
- A wrongful death claim differs from a survival action, which is brought on behalf of the deceased’s estate for losses like medical bills and lost wages incurred before death.
- You generally have two years from the date of the fatality to file a wrongful death lawsuit in Delaware, with only limited exceptions allowing additional time.
Who Can File a Wrongful Death Claim in Delaware?
The law allows only certain individuals, mainly specific close family members, to file a wrongful death claim. These people include:
- The surviving spouse;
- Children, including biological and adopted children;
- Surviving parents; and
- Siblings, including half-siblings.
If there are none of the above individuals surviving the accident victim’s death, then other extended blood or marital relatives may be allowed to file a claim. An attorney can advise you whether you may have standing to file a wrongful death lawsuit.
What Do You Have to Prove in a Fatal Motorcycle Accident Wrongful Death Case?
As with any personal injury case, the plaintiff has the burden of proving their claim. In a wrongful death lawsuit, you must prove four essential elements:
Duty
The first element is duty. You must establish that the defendant had an obligation to the deceased to follow all applicable laws while operating a motorcycle or vehicle.
Breach of Duty
Next, you must prove that the defendant breached that duty. In other words, the defendant deviated from the normal standard of care.
Causation
After establishing that the defendant owed the deceased a duty and breached that duty, you must prove the breach, or deviation, was the proximate cause of the deceased’s death. In other words, if the defendant’s breach of duty did not cause the fatal injury, then they are not legally liable.
Damages
Lastly, the surviving family member must prove that they suffered actual, measurable losses. These can include lost financial support, loss of services, mental anguish, and funeral and burial expenses.
Our skilled attorneys will advocate in and out of court on your family’s behalf during the entirety of your wrongful death claim in Delaware.
You Don’t Have to Navigate This Loss Alone
Losing a loved one in a fatal motorcycle accident is devastating, and pursuing a wrongful death claim while grieving can feel overwhelming. Our Delaware wrongful death attorneys handle the investigation, identify the liable party, and manage settlement negotiations or litigation, so your family can focus on healing.
Schedule A ConsultationCan I File a Wrongful Death Claim or a Survival Action?
Many people mistake wrongful death claims and survival actions as one and the same, but they actually address different losses.
A wrongful death claim allows eligible surviving family members to pursue a lawsuit and compensation for the personal and financial losses they suffer as a result of their loved one’s fatal motorcycle accident.
By contrast, a survival action is brought on behalf of the deceased’s estate. This claim seeks compensation for losses the deceased incurred before their death, including medical bills and lost wages.
Your wrongful death lawyer can discuss the distinction between the two in more detail and whether you have a claim for one or both.
How Can a Delaware Wrongful Death Attorney Help?
A wrongful death lawsuit proceeds alongside a family’s grief, which can be complex and emotionally charged. If you lose a loved one in a motorcycle wreck, you want to pursue justice for their death, but sometimes there are challenges before you even file one legal document, including determining who has standing to file the claim.
An experienced wrongful death attorney can manage the legal process while working to protect your family’s interests.
Conduct a Thorough Investigation
Building a strong wrongful death claim involving a motorcycle collision begins with gathering the right evidence. An attorney can investigate the circumstances surrounding your loved one’s death by obtaining accident reports, reviewing medical records, interviewing witnesses, and consulting qualified experts, such as accident reconstruction specialists or medical professionals, when necessary.
Identify the Liable Party
A successful claim depends on establishing who is legally responsible for the death. Your attorney will evaluate the available evidence to determine liability and work to demonstrate how another party’s negligent or wrongful conduct contributed to the loss. Drivers often miss seeing motorcycles, leading to unsafe lane changes or turning in front of an approaching motorcycle.
Handle Settlement Negotiations
Many wrongful death claims are resolved through settlement negotiations rather than trial. An experienced attorney can communicate with insurance companies and opposing parties, evaluate settlement offers, and negotiate for compensation that more accurately reflects your family’s losses.
Represent You in Court
If a fair settlement cannot be reached, your attorney can prepare your case for trial. Litigation involves complex procedural rules, courtroom advocacy, and careful presentation of evidence. Having experienced legal counsel can help ensure your case is presented as effectively as possible.
Working with a wrongful death attorney allows you to devote your attention to your family and the grieving process while your legal representative handles the responsibilities of pursuing your claim.
How Long Do You Have to Pursue a Claim?
The statute of limitations, or the time in which you have to initiate a lawsuit, is generally two years from the date of the fatality. The courts take these deadlines seriously, and failing to initiate your claim within that timeframe can bar you from proceeding altogether. Only limited exceptions will allow for additional time. Consulting with an attorney as soon as possible is the best way to ensure you do not miss the deadline.
Contact a Wrongful Death Attorney After a Fatal Motorcycle Accident in Delaware
After losing a loved one in a motorcycle accident, understanding your legal options is an important first step. Wrongful death claims often require a thorough investigation, careful analysis of the evidence, and a legal team prepared to take a case to trial when necessary. Brockstedt Mandalas Federico LLC has decades of experience handling complex wrongful death and catastrophic injury litigation and brings the resources needed to pursue challenging cases. Contact our office today for a free consultation to discuss how we may be able to help your family.
Official Legal and Other Sources
To ensure the accuracy and clarity of this page, we referenced official legal resources during the content development process: