What Is A Wrongful Death Claim In Delaware?
What is the definition of a wrongful death claim? These are claims which are conducted against a negligent party who is the cause of another party’s death, through carelessness or as a consequence of a deliberate action like driving under the influence.
A claim of wrongful death allows the family of a person who died in an accident to bring about a lawsuit against the person who is found to be liable. While every state has separate wrongful death laws, this type of lawsuit is often brought about by the estate of the deceased person to assist the surviving family.
When Is a Wrongful Death Claim Allowed?
A wrongful death claim takes place when there is a situation where the victim who would have been able to file a personal injury claim dies because of the wrongful action of the other party.
This can happen when:
- A victim is killed on purpose.
- Medical malpractice kills the victim. If it doesn’t diagnose a fatal condition, or the doctor is negligent in their level of care, a wrongful death civil action may be possible.
- A car accident occurs where there is a fatality involving carelessness.
- These are a few cases of personal injury which can be a wrongful death claim. These claims can come from nearly any kind of personal injury.
What Do You Have To Prove?
To hold someone liable for a wrongful death claim, the family or the estate of the person who died needs to meet a burden of proof that the victim would have had a civil lawsuit case had they lived. So, if you use negligence, this is showing that the liable party then owed the deceased party a duty of care, that they then violated this duty of care, and then that action was the cause of the death.
Who May File Wrongful Death?
A wrongful death claim is typically filed by the estate of the person who passed away, on behalf of family members of the victim. Who are those survivors?
In every state, a husband or wife can bring a wrongful death claim on the part of his or her spouse who passed away. Parents of a minor can also bring forward a wrongful death claim if their child is killed, and as well a minor can obtain recompense for the death of their parent.
Damages For Wrongful Death
Compensation in a wrongful death claim include:
- The dead person’s “pain and suffering” before they passed away (often named a survival claim).
- Costs of medical treatment
- Funeral costs
- The loss of income from the deceased person
- The loss of inheritance
- Services which the deceased would have given
- Loss of support that the victim would have made
- Losing a lover or companion
Delaware Car Accident Lawyers
If you were hurt in an accident, or you lost a loved one, contact the Delaware personal injury lawyers at Edelstein Martin & Nelson. Our attorneys take care of lawsuits for serious and traumatic injury in collision cases as well as wrongful death, and we can help you.
Contact a knowledgeable personal injury attorney at Edelstein Martin & Nelson. It is very important to talk to an injury lawyer as soon as possible. Together, you can get the fair and just recompense you deserve. Contact us today.