When an individual or entity causes the death of another due to intentional conduct or negligence, the family members of the deceased may bring a wrongful death lawsuit against the person or entity who caused their loved one’s death. Read more.
In a Delaware wrongful death case, the claim typically succeeds by showing four things:
What makes these cases challenging is not the legal definition, but the early development of evidence and its use to link the incident to the medical cause of death and the resulting losses.
Note: Wrongful death rules vary by state. This blog focuses on Delaware.
A wrongful death lawsuit is a civil case. Civil cases are heard outside the criminal court system. These cases are decided either by courts or juries.
Under Delaware law, a parent, sibling, child, or spouse of a deceased family member may file a wrongful death claim. If no spouse, parent, child, or sibling has survived the deceased person, a wrongful death claim may be filed by any person related to the deceased by blood or marriage. Read more.
Under Delaware law, an eligible party may sue the individual or entity whose intentional or negligent act caused the death of another person. If the individual or entity who caused the death dies before an action takes place, then action can be taken against the responsible party’s personal representative or successor entity.
If an individual was driving too fast, went through a stop sign, and hit another vehicle, resulting in the death of the operator of the car, then the eligible family members of the deceased could proceed with a wrongful death lawsuit. In this case, the driver owed a duty of care to other drivers on the road, breached that duty, and the negligent actions of the driver of the vehicle caused the death of the other driver.
Another example of a wrongful death lawsuit is a case brought by the family members of a murder victim. In addition to being held criminally liable, a wrongful death lawsuit may also be brought by the victim’s family members in civil court. Since the person who perpetrated the homicide took the life of another through an intentional act, they can also be held liable in a wrongful death lawsuit, allowing the victim’s family to receive damages.
If a loved one's death was caused by another person or entity's negligence or intentional conduct, it is important to speak with a Delaware wrongful death attorney as soon as possible. Early involvement allows an attorney to preserve evidence, coordinate with experts, and begin building a strong claim from the outset.
An experienced wrongful death attorney will guide you through each stage of the process while handling the legal and investigative work on your behalf. This allows you to focus on your family during a difficult time, while your attorney works to pursue the full compensation available under Delaware law.
Most wrongful death attorneys, including Morris James, work on a contingency fee basis. This means that you do not pay any upfront fees or hourly costs. Instead, the attorney's fee is a percentage of any recovery obtained on your behalf.
If there is no recovery, there is no attorney's fee. This allows families to pursue a claim without taking on an additional financial burden during an already difficult time.
For the best chance of succeeding in a wrongful death claim, you will want an experienced team of attorneys representing you. You will first meet with your attorney to discuss the circumstances surrounding your loved one’s death. They will ask for documentation, such as accident reports, medical records, and correspondence with insurance companies, to understand the cause of death and improve your chances of recovering damages.
The timeline for a wrongful death claim varies depending on the specific facts of the case. Some claims resolve within months, while others take longer due to the need for investigation, expert review, or litigation. Throughout the process, our attorneys at Morris James handle the legal work and negotiations so you can focus on your family, while we work toward the best possible result.
The evidence needed depends on how the death occurred, but most cases rely on the same core categories:
Incident evidence (what happened and who was involved): Police crash reports or incident reports, 911 call recordings, workplace reports (OSHA or internal safety reports, if applicable), or prior complaints or maintenance records (premises, vehicles, equipment)
Scene evidence (what conditions looked like in real time): Photos from the scene, traffic cameras, surveillance video, dashcam footage, or measurements, skid marks, vehicle damage documentation
Witness evidence (what people saw and heard): Eyewitness statements, statements from first responders, or depositions (formal sworn testimony later in the case)
Medical and forensic evidence (why the death occurred): Medical records and billing, EMS records, autopsy report, and toxicology (when relevant), or treating physician notes
Financial and household evidence (damages): Earnings history (tax returns, pay stubs, benefits documentation), proof of household services and support (childcare responsibilities, caregiving, home management), or funeral and burial documentation
Car crash wrongful death: video footage or witness statements may show speed, impairment, distraction, or a traffic violation; vehicle “black box” data can help confirm speed and braking.
Medical negligence: records and a timeline can show what symptoms were present, what was documented, and when key decisions were made; independent medical review may be needed to explain causation.
Unsafe property conditions: photos and maintenance logs can help show the hazard existed long enough to be fixed, or that prior issues were reported.
Some wrongful death cases involve technical issues that are difficult to explain through documents alone. Expert witnesses can help clarify:
Causation: whether and how the breach of duty led to the death (for example, in complex medical or product matters)
Reconstruction: how an incident occurred (vehicle collision dynamics, workplace mechanics)
Damages: economic analysis of lost income, benefits, and household contributions
This is also why early evidence preservation matters. Video footage, electronic data, and maintenance records can disappear quickly.
Delaware law allows the court or jury to consider a range of damages, including loss of expected pecuniary benefits, loss of support, loss of parental or household services, funeral expenses (subject to a statutory cap structure), and mental anguish for specified family members. Delaware law also permits punitive damages only in narrower circumstances and only with a separate finding. Learn more.
The statute of limitations for filing a wrongful death action in Delaware is two years, meaning that eligible family members have just two years from the date of the event that caused their loved one’s death to file a lawsuit. Two years may sound like a long time, but it passes quickly—particularly when a family is grieving, settling the victim's estate, and trying to move on with their lives.
If you have questions about a potential wrongful death claim, the attorneys at Morris James are available to help you understand your options and guide you through the process. To learn more, contact our office at (302) 655-2599.
Wrongful death claims can be brought for a negligent act, an intentional act including a crime, and medical malpractice. The burden of proof in a wrongful death claim is the same as in other personal injury claims, but the plaintiff in a wrongful death claim is a surviving family member rather than the injured person.
