Showing 19 posts in Wrongful Death.
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. More ›Share
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 ›Share
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 ›Share
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 ›Share
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 ›Share
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 ›Share
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 ›Share
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 ›Share
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 ›Share
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 ›Share
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 ›Share
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 ›Share
Is it possible to make a financial recovery for pain and suffering in a Delaware wrongful death case?
Delaware law gives the surviving spouse, children, parents, or siblings of those killed in accidents caused by the negligence of another person or entity the ability to file a wrongful death lawsuit and seek compensation for economic and non-economic losses related to their loved one's death. Which of these relatives has a claim depends on who else has a claim. Examples of wrongful death damages include: More ›Share
When a person loses their life as the result of someone else’s fault, Delaware law allows for the filing of a wrongful death claim. There are two parts of the claim. The first part is called a “survival” action. This type of action allows the decedent’s estate to make a claim for the decedent’s pain and suffering (but only if there was conscious pain and suffering before death), medical bills, lost wages, and funeral expenses. Damages paid to the estate will flow through to the beneficiaries of the estate. The second part of the claim is brought under Delaware’s Wrongful Death Statute. This statute allows for compensation to certain members of the decedent’s family. More ›Share
Personal injury cases are often as unique as the parties involved, which makes it difficult for us to say exactly which damages a potential client could be entitled to pursue without first discussing the particulars of their situation. However, learning about common types of personal injury cases and the damages sought can provide valuable insight to accident and injury victims who are considering exploring their legal options.Share