Wrongful Death Laws in Delaware
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Losing a loved one suddenly is devastating, especially when it was caused by the negligence of another person. Although nothing can fully compensate you for your loss, pursuing a wrongful death claim may help you recover monetary damages for hospital bills, funeral expenses, loss of income and benefits, pain and suffering, and more.
At Zinda Law Group, our legal team has handled numerous wrongful death cases nationwide and helped our clients seek the justice and compensation they deserved. We are here to assist you through this difficult time, and as our client, you will pay nothing unless we win your case. That’s our No Fee Guarantee.
If you have suffered the loss of a loved one because of someone else’s negligence or willful misconduct, call Zinda Law Group at (800) 863-5312 to receive a 100% free case evaluation with our wrongful death attorneys.
What is a Wrongful Death Lawsuit in Delaware?
In Delaware, when an individual dies because of someone else’s actions, the decedent’s family has two possible legal claims: wrongful death and a survival action. In both, the plaintiff must prove someone else’s wrongful act caused the victim’s death. A wrongful act includes any intentional action, neglect, or carelessness.
A suit may be brought against a person, business, or entity responsible for the death. For example, if your loved one dies after being hurt by a defective product, a suit could be brought against the manufacturer or retailer. Wrongful acts commonly lead to car accidents, slip and falls, workplace accidents, and assaults.
A wrongful death award provides compensation to the family who lost the support and guidance of their loved one. A survival action award provides damages based on what the victim would have been entitled to, had he or she survived. Both actions can be brought for the same case.
Who May File a Wrongful Death Claim in Delaware?
An action for wrongful death may be brought by a decedent’s spouse, parent, child, or siblings. If no survivors qualify for those categories, then a wrongful death action may be brought by any person related to the deceased by blood or marriage.
Survival actions can be brought by a personal representative or administrator of the deceased person’s estate. This person is usually named in a will, but if no one is named, the court may name someone.
What Damages Are Available in a Delaware Wrongful Death Claim?
Wrongful death damages apply to the decedent’s survivors. These damages can include the loss of financial support and benefits of the deceased, the loss of services the victim would have provided to the household, funeral costs up to $7,000, pain and suffering of the spouse and children, and lost child or spousal support.
A survivorship action evaluates damages from the perspective of the decedent. The damages may cover the time from the date of the accident until the victim died. These damages may include pain and suffering of the victim, medical costs, and lost wages from the injury date to the date of death.
Punitive damages may also be awarded in a survivorship action if the defendant’s actions were wanton or willful, but punitive damages are not awarded in a wrongful action.
How Long Do I Have to File a Wrongful Death Claim in Delaware?
Both wrongful death actions and survivorship actions must be filed within two years from the date of death.
Wrongful death lawsuits are complex, so if you have lost a loved one due to someone else’s actions, it is wise to speak to an attorney sooner rather than later. If you wait too long to file a claim, you risk not only the statute of limitations lapsing but also that evidence will be lost or that witnesses will forget details of the incident.
Get Help from Our Wrongful Death Lawyers
If you have lost a loved one from someone else’s negligence, the wrongful death attorneys at Zinda Law Group can help. We have handled numerous wrongful death cases and have the knowledge and resources necessary to help you build the strongest case possible.
We also believe that families should never have to worry about their ability to afford legal representation. That is why we offer 100% free consultations and why you will pay nothing unless we secure a favorable settlement, judgment, or verdict for your wrongful death claim. That’s our No Fee Guarantee.
Meetings with attorneys are available by appointment only.