Wrongful Death Cases in Delaware

One of the most traumatic things that can happen in a person’s life is losing a loved one. This is especially true for a sudden and unexpected wrongful death. Wrongful death is when an individual dies as a result of another person’s misconduct. When this happens, families often seek justice and financial assistance for the life that was taken from them. With the help of an experienced attorney, they may seek answers and compensation for their loss.

What is Wrongful Death?

When a person dies because of another individual’s negligence, carelessness, or behavioral misconduct, it is known as a wrongful death. These deaths can happen because of many reasons. This may include an automobile accident, product malfunction, medical malpractice, unsafe premises, etc. When this happens, families must then handle the outcome of the unfortunate event. In addition to dealing with the loss of a life, they also struggle with the loss of an income on top of their suffering.

Types of Cases

There are several ways in which a wrongful death may happen. Typically, lawsuits pursued in the event of the following situations:

  • Defective products: If a product is faulty, has a poor design, or lacks warnings it may injure a consumer and even cause death in some cases.
  • Automobile accidents: When an accident and death occurs due to the negligence of another driver.
  • Medical negligence: If a patient dies because a health care professional fails to provide them with the standard of care that is required of them.


Pursuing a wrongful death case often leaves families with great financial burdens in addition to their emotional suffering. This includes many expenses that must be taken care of. Because these expenses are often overwhelming, loved ones can seek compensation to cover the costs. Doing so can be complicated, which is why it is important to enlist an experienced attorney’ for assistance when seeking damages for a wrongful death. In Delaware, compensation may be sought for the following:

  • Medical expenses before death
  • Pain and suffering
  • Lost wages for the deceased’s future earnings
  • Anxiety and emotional distress
  • The value of the services the deceased provided to the family
  • The loss of guidance a parent provided a child
  • The loss of support from a deceased spouse, parent, or child

When a wrongful death occurs, it is important to know there is a statute of limitations on filing a claim. A statute of limitations allows a certain amount of time for an individual to pursue legal action for a wrongful death. Individuals who file a claim on behalf of the deceased are usually a surviving spouse or domestic partner. Other times, a claim may be filed by children, parents, or siblings. The statute of limitations to file a claim in Delaware is two years from the date of the individual’s death.

Contact our Firm

If you or someone you know experienced a loss as a result of a wrongful death, contact Mattleman, Weinroth & Miller, P.C. today.

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.