Losing a loved one is devastating, especially when someone else’s negligence causes the loss. Families are often left heartbroken, angry, and confused, with many unanswered questions about how to move forward. Not only may you feel grief-stricken, but you may also be facing significant financial uncertainty and unexpected expenses.
By filing a wrongful death lawsuit, families can seek to hold those who caused their loved one’s death legally responsible. The first step in the process is to find an experienced, knowledgeable, and compassionate Delaware wrongful death lawyer. This may be one of the most emotionally challenging legal matters you will ever face; having an attorney you can trust is essential. Let our wrongful death lawyers at Brockstedt Mandalas Federico LLC (BMF) help. Contact us today.
What a Delaware Wrongful Death Lawyer Wants You to Know
If you lost a loved one due to someone else’s negligence, here is what our Delaware wrongful death attorneys think is most important to understand.
- Delaware law generally allows a spouse, children, parents, and siblings, among other qualifying family members, to file a wrongful death lawsuit under 10 Del. C. section 3724.
- Wrongful death claims can arise from car accidents, medical malpractice, truck accidents, defective products, construction site accidents, and premises liability, among other causes.
- A wrongful death claim and a survival action address different losses, the family’s own losses versus the losses the deceased suffered before passing, and you may be able to pursue one or both.
- You generally have two years from the date of your loved one’s death, not the date of the underlying incident, to file a wrongful death lawsuit in Delaware.
What is a Wrongful Death Lawsuit?
A wrongful death lawsuit allows certain surviving family members to seek compensation for the death of a loved one caused by another party’s negligence. Under Delaware law, eligible beneficiaries generally include the deceased person’s spouse, children, parents, and siblings, and in certain circumstances, other qualifying family members.
What Types of Situations Can Lead to a Wrongful Death Claim?
Many types of accidents and situations can give rise to a wrongful death lawsuit. Our lawyers handle wrongful death cases involving:
- Car accidents,
- Medical malpractice,
- Truck accidents,
- Defective products,
- Construction site accidents, and
- Premises liability.
Almost any fatality caused by the negligence of someone else may serve as the basis for a wrongful death claim.
What Compensation May Be Available in a Wrongful Death Lawsuit?
The damages recoverable in a wrongful death claim are similar to those of any personal injury action. However, there are some types of compensation unique to a wrongful death suit. Common types of compensation available:
- Medical expenses;
- Lost wages;
- Lost anticipated earnings;
- Loss of parental and household services;
- Pain and suffering, when permitted by law;
- Loss of consortium; and
- Funeral and burial costs.
The compensation in a wrongful death lawsuit includes the financial damages between the time of the deceased’s incapacitation and their death, and damages as a result of their death. For instance, if your loved one is in a serious car accident and is incapacitated in the hospital for days or weeks, you can seek damages for their lost wages. Upon their death, damages will take into account the future income they would have earned.
An experienced wrongful death lawyer in Delaware can explain in detail what you might expect based on your specific circumstances.
You Don’t Have to Face This Alone
Losing a loved one to someone else’s negligence is devastating, and the grief can feel impossible to navigate alongside unexpected financial pressure. Our Delaware wrongful death lawyers combine trial experience with personalized, compassionate guidance, so your family can focus on healing while we pursue accountability on your behalf.
Schedule A ConsultationWhat is the Difference Between a Wrongful Death Claim and a Survival Action?
Although they often arise from the same incident and are similar, wrongful death claims and survival actions address different types of losses.
A wrongful death claim allows eligible surviving family members to recover compensation for the personal and financial losses they have experienced because of their loved one’s death.
By contrast, a survival action is brought on behalf of the deceased person’s estate. It seeks compensation for the losses the deceased sustained before passing away, such as medical expenses, lost income, and conscious pain and suffering experienced between the negligent act and death.
When you meet with your wrongful death attorney in Delaware, you can discuss whether you can pursue one or both.
How Can a Delaware Wrongful Death Attorney Help?
Wrongful death lawsuits are a complex area of personal injury law for both legal reasons and emotional ones. If you lose a loved one, you want to pursue justice for their death, but sometimes there are challenges before a lawsuit even begins, such as who has standing to pursue the claim.
Proceeding without legal representation could be detrimental to the outcome. A wrongful death lawyer assists in several ways to help you build a strong case.
Investigate
A wrongful death lawyer will help the family investigate the circumstances surrounding the death of their loved one. This can include requesting police reports, subpoenaing witnesses, hiring experts such as medical professionals and accident reconstructionists.
Determine Who Is Responsible
The goal of a successful investigation is to determine liability. In other words, figure out who the responsible party is. To successfully prove a wrongful death lawsuit, you must prove the responsible party was negligent. This requires proof, and your attorney will work to gather the necessary evidence.
Negotiate
A skilled wrongful death lawyer should be an experienced negotiator. Many cases settle outside of court. An experienced lawyer knows when to negotiate a settlement and when to proceed to trial.
Litigate
Not all cases settle, and in many instances, your case will go to trial. Trial preparation requires an extensive understanding of legal and procedural rules, as well as litigation tactics, to avoid mistakes.
Choosing experienced legal representation allows you to focus on your family while your attorney handles the legal process on your behalf.
What is the Statute of Limitations for Filing a Wrongful Death Lawsuit?
In Delaware, the statute of limitations, or time frame in which you must initiate a wrongful death lawsuit, is generally two years from the deceased’s death. Generally, this is a strict deadline, and missing it can bar you from recovering compensation altogether.
Limited exceptions may apply in certain circumstances, making it important to have an attorney evaluate the applicable deadline as early as possible.
Speak with a Delaware Wrongful Death Lawyer
If you believe your loved one’s death was the result of another person’s negligence, contacting a personal injury attorney is an important first step to recovery. Seeking guidance and learning about your legal rights and options can help you to make an informed decision when you are in the midst of grief.
We represent individuals and families throughout Delaware in complex wrongful death litigation arising from catastrophic accidents, medical malpractice, defective products, and other acts of negligence. Our attorneys combine substantial trial experience with personalized guidance to help families pursue accountability and the compensation they deserve. Contact us today to schedule a confidential consultation and learn how we may be able to help your family.
Legal References Used to Inform This Page
To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:
