Who can file a wrongful death claim?

With each day, there are new opportunities. However, these new opportunities can lead to more accidents as well. Accidents can happen at any time and almost anywhere. These accidents may take place on the road in the form of a motor vehicle accident. They may be the result of a product defect where liability can be put on the manufacturer. Accidents can even happen while walking along a sidewalk where individuals may slip and fall. In these situations, they may wish to seek liability for the hazardous conditions they faced. Doctors are even capable of causing accidents to happen. In these situations, this can be known as medical malpractice if they have been proven to act negligently. With all this in mind, it is important to seek legal counsel for whatever situation you are faced with. Wrongful death accidents can result from these incidents. When families and friends are faced with the wrongful death of a loved one, it can be hard to get closure.

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.