What is a wrongful death claim?

Unfortunately, different circumstances in life can lead to accidents. Accidents can occur on a daily basis. They can happen on the road in motor vehicle accidents, by being struck by a car while walking or slipping and falling on a sidewalk. When accidents occur, those who are injured should seek medical attention immediately. This can help them recover from their injuries. If their injuries are proven to be too serious, they may pass away. If someone dies after an accident, this may lead to a wrongful death claim. When families and friends are faced with the wrongful death of a loved one, it can be hard to get closure. By filing for a wrongful death claim, this may be able to provide them with the closure they are seeking. They may also be able to recover damages to cover the cost of funeral arrangements and other possible expenses.

Who files a wrongful death claim?

When an individual has been involved in an accident that has resulted in a wrongful death, their family has rights. If your loved one has died due to another party’s negligence, you could be entitled to compensation for your losses. The state of Delaware allows certain relatives, such as spouses, parents, children and siblings, to file the wrongful death claim. If none of these relations currently exist, it may be filed by other relatives through blood or marriage. These claims should be filed within two years of the death of the individual. If they are filed after that time period, they may be barred from moving forward.

What can I gain from this claim?

Wrongful death claims can allow you to recover money for a variety of expenses. The damages paid are at the discretion of the judge involved in the case. When considering the amount of compensation, the judge will consider a number of factors. These factors may include burial and funeral expenses, 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 and mental suffering on behalf of the family.

MW&M is comprised of an experienced team of attorneys focusing on legal matters of personal injury, workers’ compensation, Social Security Disability, product liability, and wrongful death in Delaware. If you require an effective attorney to guide you through these difficult legal matters, contact MW&M today to schedule a free case evaluation.