How Wrongful Death Claims Work in Delaware
If a person is killed by the negligence or deliberate acts of another person in Delaware, it is commonly referred to as a wrongful death. When another party’s wrongful act kills an individual, certain family members can be entitled to damages.
Many families are far too overwhelmed with grief to even consider legal action following the death of a loved one. It remains crucial, however, for such families to quickly seek legal representation because Delaware state law only allows people a limited amount of time to take legal action.
If your loved one was recently killed by the wrongful act of another person, it is in your best interest to immediately retain legal counsel. Edelstein Martin & Nelson, LLP fights to get justice for families all over the greater Philadelphia area.
Delaware Wrongful Death Laws
Delaware Code § 3722 establishes that a wrongful death action can be maintained against any person whose wrongful act causes the death of another person. The same statute also states that an action can be maintained against a vessel when the vessel causes a wrongful death, and if the responsible party dies before an action is commenced, the action can be maintained against that person’s personal representative.
Under Delaware Code § 3724(a), wrongful death actions are for the exclusive benefit of the deceased person’s:
Delaware Code § 3724(b) states that when no persons qualify under Delaware Code § 3724(a), a wrongful death action can be for the benefit of any person related to the deceased person by blood or marriage.
Delaware Code § 3701 also allows the personal representative of the deceased person to file what is known as a survival action. Wrongful death actions and survival actions involve different kinds of damages.
Survival actions typically allow for awards for pain and suffering, medical expenses, and lost earnings. Wrongful death actions can involve awards for loss of pecuniary benefits, loss of household services, loss of contributions for support, funeral expenses, and mental anguish.
Under Delaware Code § 8107, an action to recover damages for wrongful death cannot be brought after two years from the date of the person’s death. For this reason, it is critical to seek legal representation as soon as possible.
Many wrongful death cases require extensive investigations. Some of the most common causes of wrongful death include:
- Motor Vehicle Accidents
- Medical Malpractice
- Truck Accidents
- Construction Accidents
- Defective Products
Find a Wrongful Death Attorney in Delaware
Was your loved one recently killed as the result of another party’s wrongful act? Do not speak to an insurance company until you have first contacted Edelstein Martin & Nelson, LLP.
Insurers often contact family members and pressure them into accepting settlements that are usually much less than what they are entitled to. Our firm can fight to make sure you receive every dime of compensation you need and deserve.
You can have our Delaware wrongful death lawyers review your case and discuss all of your legal options when you call (302) 295-5050 or contact us online today to schedule a free consultation.