Wrongful Death

Delaware Injury Law Firm

Suddenly losing a loved one is devastating. No one expects the unexpected. Knowing where to turn and who to call can be all too much. If you lost a loved one because of negligence, the matter can be even more concerning. Taking legal action during this time is not at the top of mind. It is important to consider the burden of lost future income and outstanding medical bills that can seriously impact your future and the future of your family. Consulting with an attorney is a good first step towards protecting your rights. Delaware Injury Law Firm provides Delaware with effective and experienced legal services. Our compassionate attorneys are ready to fight for your rights as the bereaved and work towards attaining maximum compensation for your loss. For a consultation with our firm, contact Delaware Injury Law Firm to discuss your legal matter.

What is a wrongful death

A wrongful death claim is akin to a personal injury case in many ways. If the act that caused a person’s death carries the same degree of negligence and would constitute a personal injury case if the person would have lived, it may be a wrongful death matter. This can include cases involving:

  • Motor vehicle accidents
  • Slip & falls
  • Medical malpractice
  • Animal bites
  • Product liability
  • Workplace accidents

Who can file a wrongful death case?

According to Delaware law, wrongful death cases are pursued on behalf of certain individuals, including spouses, parents, children, and siblings. If none of these relations still exist, a wrongful death claim may still be filed for other relatives through blood or marriage. Other states allow two actions, one on behalf of an estate and the other on behalf of family members. Under Delaware law, these are combined and any compensation is awarded to family members.

Compensation for a wrongful death case

If a death is considered to be “wrongful”, a court will take many factors into consideration. The amount of damages awarded in a wrongful death case is somewhat discretionary and judge or jury, depending on the case, will decide after calculating the following:

  • Burial and funeral expenses, not to exceed a reasonable amount
  • Loss of contributions for alimony or child support
  • Lost income if the person was to have lived
  • Loss of household services, including spousal and parental responsibilities
  • Mental suffering because of the death of the family

The statute of limitations for a wrongful death claim in the state of Delaware is two years from the date of death. Most cases that are brought after that time period are almost always barred. It is important to discuss your situation with an attorney.

Contact an experienced wrongful death lawyer in Delaware

If you have lost a loved one, it is important to discuss your situation with an attorney. While you grieve, a compassionate and effective attorney can protect your rights and the future of your family. Our firm recognizes the light touch needed to discuss your situation and we are dedicated to providing a comforting environment to do so. Time is limited. If you are ready to discuss your case, we are too. Contact Delaware Injury Law Firm for a free initial consultation today.


If you are ready to discuss your case