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How Wrongful Death Actions Work in Delaware

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How Wrongful Death Actions Work in Delaware

How Wrongful Death Actions Work in Delaware

Nothing rattles a family more than the sudden and unexpected death of a loved one. In addition to the many personal connections that victims maintained with family members, certain deaths also create numerous financial hardships for entire families.

In such cases, certain family members may file wrongful death lawsuits against the negligent party responsible for a loved one’s death. A wrongful death suit is, in effect, the personal injury action the victim would have filed had he or she survived his or her accident.

Many families are not immediately concerned with taking legal action, but it is essential to understand that Delaware state law only allows a limited amount of time for people to file these claims. For this reason, any person whose loved one was killed as the result of another party’s negligence should immediately contact Edelstein Martin & Nelson, LLP.

Our firm can handle all required filings and court appearances so you can take all the time you need to grieve. You can have our attorneys provide an honest and thorough evaluation of your case when you call (302) 295-5050 to set up a free consultation.

Delaware Wrongful Death Laws

Delaware Code § 3722 establishes that an action can be maintained against a person whose wrongful act causes the death of How Wrongful Death Actions Work in Delawareanother, and the action may be maintained against a personal representative when the person whose wrongful act caused the death of another dies before an action is commenced. A wrongful act is defined under Delaware Code § 3721(5) as an act, neglect or default that would have entitled the victim to maintain an action and recover damages.

Under Delaware Code § 8107, people have only two years to file a wrongful death claim. Many accidents causing wrongful death require extensive, independent investigations, so it is always in a family’s best interests to seek legal representation as soon as possible.

Any accident can potentially cause a person’s death. Some of the most common causes of wrongful death actions in Delaware include, but are not limited to:

  • Motor Vehicle Crashes
  • Medical Malpractice
  • Commercial Truck Accidents
  • Construction Accidents
  • Defective Products

A wrongful death action in Delaware must be for the benefit of a spouse, parent, child, or sibling of the deceased. When no such individuals qualify as one of these relationships, a wrongful death action can be for the benefit of any person related to the deceased by blood or marriage.

Damages in wrongful death cases may include awards for of expected pecuniary benefits that would have resulted from the continued life of the deceased, loss of contributions for support, loss of parental, marital and household services, funeral expenses, and mental anguish.

Find an Uninsured Motorist Accident Lawyer in Delaware

If your loved one was killed by another party’s negligence or wrongful act in Delaware, you will want to contact Edelstein Martin & Nelson, LLP as soon as possible. Our firm will fight to help you recover all of the compensation you are entitled to.


Call (302) 295-5050 or contact us online today to have our attorneys review your case and help you understand all of your legal options during a free consultation.

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