Posts in Wrongful Death

Who Can Sue for Wrongful Death in Delaware?

The death of a loved one is always a difficult and tragic event. If the death was caused by someone else's negligence or wrongdoing, it can be even more devastating. If you have lost a family member in Delaware due to another person's negligence, you may be eligible to bring a wrongful death lawsuit. As with any lawsuit, there are procedures that must be followed, deadlines that must be met, and rules on who is entitled to file the claim.  More ›

Three Dead in High-Speed Motorcycle Crash

Three people tragically died, and another was seriously injured in a motorcycle crash on Monday night near New Castle, Delaware. This is the latest preventable tragedy in a series of motorcycle accidents in Delaware. More ›

What is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a legal action brought by the survivors of someone who died as the result of a wrongful act of another person. This type of lawsuit is a civil action brought by one person (or persons,) known as the plaintiff, against another person (or persons,) known as the defendant. It is not a criminal action, however, in Delaware, it is possible to bring a civil action for a wrongful death even if the state has brought criminal charges in relation to that death. The civil action and the criminal action will be handled in different courts. More ›

Wrongful Death FAQs

What is a wrongful death lawsuit?

When an individual causes the death of another due to their actions, whether through an intentional act or the result of negligence, then the family members of the deceased may bring a wrongful death lawsuit against the person who caused their loved one’s death. Read more. More ›

What is the Aziyo FiberCel case all about?

On June 16, 2021, Morris James LLP filed a lawsuit against Aziyo Biologics, Inc. (Aziyo) and Medtronic entities (Medtronic) on behalf of Delawarean, Richard Williams after he became infected with tuberculosis after spine surgery. This is the first lawsuit filed in relation to the contamination of FiberCel Viable Bone Matrix (FiberCel) with tuberculosis (TB.) More ›

What types of cases does your law firm handle?

While some law firms handle cases from a broad range of seemingly unrelated practice areas, the Morris James Personal Injury Group offers a more focused approach, helping those who were harmed by another party's negligent actions pursue compensation for their injuries via civil lawsuits. The skilled legal team with the Morris James Personal Injury Group boasts more than 80 years of combined experience in personal injury law and is adept at litigating personal injury cases, including wrongful death, auto accident, workers' compensation, dog bite, product liability, and slip-and-fall claims. More ›

The Statute Of Limitations For Filing A Wrongful Death Lawsuit In Delaware

When a loved one is killed in a negligence-related incident caused by someone else's negligence, surviving members only have a short window to file a lawsuit. More ›

Factors That Can Affect Your Settlement Value in a Personal Injury Case

It’s only natural to wonder what is the settlement value for personal injury in Delaware. What can you realistically expect to receive in compensation for your pain and suffering? More ›

What is negligence?

If another person's negligent actions led to an accident that resulted in you being injured, you may be eager to file a personal injury claim or lawsuit to pursue compensation for your injuries. However, before you start daydreaming about how you'll spend your settlement, you should determine whether your case—and the defendant's conduct—meets the legal definition of negligence. In order for a judge or jury to agree with your assessment that the defendant was negligent, you must be able to prove the following elements of negligence: that the defendant owed you a duty of care and breached that duty in a way that resulted in you being seriously injured. More ›

Will I have to appear in court if I file a personal injury lawsuit?

It's not uncommon for prospective clients to ask if filing a personal injury lawsuit means that they'll have to appear in court. It's understandable; the thought of having to testify in front of a judge and jury can be intimidating—particularly for those with no prior experience in a courtroom. Fortunately, the experience is often far less overwhelming than clients expect—and far less dramatic than what they've seen on popular courtroom dramas. More ›

Why should I hire an attorney?

Being involved in a serious accident can throw your entire world into chaos and leave you with a lot to consider, including whether taking legal action is appropriate. If you do decide to exercise your legal rights and pursue compensation for injuries sustained in an accident that was caused by another person's negligence, you may find yourself wondering if it's really necessary to hire an attorney to represent you. While the short and technical answer to that question is “no,” there are many instances where hiring an experienced personal injury attorney is not only wise, but offers you the best possible chance of achieving a successful outcome in your case. More ›

What is Gross Negligence?

Not all negligence is created equal. Under Delaware's personal injury law, there are different types of negligence. If you were a victim of the more severe form of negligence—known as gross negligence—you may be entitled to additional damages. More ›

How long do I have to file a claim in a personal injury lawsuit?

Most states have statute of limitation laws that place limits on how long an accident victim has to file a civil claim, such as a personal injury lawsuit. In Delaware, the statute of limitations for personal injury claims is two years, meaning that the lawsuit must be filed within two years of the date the accident—and the related injuries—occurred. Accident victims who fail to file a lawsuit within the two-year statute of limitations risk having their case dismissed.

There can be exceptions—the statute of limitations may pause, or “toll,” if the victim was mentally incompetent at the time of the injury. In this case, the time limit for filing a personal injury lawsuit extends to three years after the disability ends. More ›

Four Key Aspects of a Personal Injury Case

If you were injured in an accident and are considering taking legal action, understanding the key aspects of a personal injury case can be helpful. More ›

What is a settlement and what are some of the pros and cons of accepting one?

A settlement is an official agreement that resolves a personal injury claim or lawsuit before it goes to trial, allowing both parties to avoid the potentially lengthy and somewhat risky litigation process. In the United States, the vast majority of personal injury civil lawsuits never see the inside of a courtroom and are, instead, resolved via a negotiated settlement. More ›