What is a Wrongful Death Lawsuit? A Delaware Legal Guide

Losing a loved one due to another's negligence or intentional actions is a profound tragedy. In Delaware, the legal system provides a mechanism for surviving family members to seek justice and compensation through wrongful death lawsuits. This article delves into the intricacies of wrongful death claims in Delaware, drawing directly from the state's legal code and pertinent case law to offer a comprehensive understanding.

What is a Wrongful Death Lawsuit?

Under Delaware law, a "wrongful act" is defined as an act, neglect, or default—including a felonious act—that would have entitled the injured party to maintain an action and recover damages if death had not occurred. This definition is codified in 10 Del. C. § 3721. In other words, if the deceased could have pursued a personal injury lawsuit had they survived, a wrongful death claim may be applicable.

Who Can File a Wrongful Death Claim in Delaware?

Delaware law specifies the individuals who are eligible to initiate a wrongful death lawsuit. According to 10 Del. C. § 3724(a), the action shall be for the benefit of the deceased person's:

• Spouse
• Parents
• Children
• Siblings

If none of these relatives survive, the statute extends the right to any person related to the deceased by blood or marriage (10 Del. C. § 3724(b)).

What Damages Can Be Recovered?

The goal of a wrongful death lawsuit is to compensate the deceased's family for losses incurred due to their loved one's passing. Delaware law, under 10 Del. C. § 3724(d), allows for the recovery of damages, which may include:

• Loss of Financial Support: Compensation for the loss of expected earnings and benefits the deceased would have provided.
• Loss of Services: The value of parental, marital, and household services, including the cost of providing for minor children.
• Medical Expenses: Costs related to medical treatment incurred before the individual passed away.
• Funeral and Burial Expenses: Reasonable funeral expenses, up to $7,000 or the amount designated in § 5546(a) of Title 29, whichever is greater.
• Mental Anguish: Compensation for emotional pain and suffering experienced by surviving family members.
• Punitive Damages: In limited cases where the death resulted from malicious intent or reckless, willful, or wanton misconduct, punitive damages may be awarded. However, punitive damages are not automatically granted and require specific legal proof.

Delaware's Statute of Limitations for Wrongful Death Claims

Delaware law requires that a wrongful death lawsuit be filed within two years from the date of the deceased's death (10 Del. C. § 8107). Failing to initiate legal action within this period may result in the loss of the right to seek compensation.

Navigating the Legal Process

Filing a wrongful death lawsuit involves several steps:

• Consultation with a Lawyer: Speaking with an experienced attorney can help determine if a wrongful death claim is a viable option. We can help. 
• Investigation: Gathering evidence, including medical records, accident reports, and witness statements, is critical to establishing liability.
• Filing the Lawsuit: Legal documents must be submitted within the applicable timeframe.
• Discovery Process: Both parties exchange information and evidence pertinent to the case.
• Settlement Negotiations or Trial: Many wrongful death cases are resolved through settlement negotiations, which can provide a quicker resolution. However, if a fair settlement cannot be reached, the case may proceed to trial, where a judge or jury will determine liability and damages based on the presented evidence.

If you have lost a loved one and think that you may have a wrongful death claim against another person, we can help. Contact us online or call 302.655.2599. We will arrange a no-cost, no-obligation conversation to discuss your individual case and help you determine whether you have a valid legal claim. We will explain your legal rights and options.

Under Delaware law, a "wrongful act" is defined as an act, neglect, or default—including a felonious act—that would have entitled the injured party to maintain an action and recover damages if death had not occurred.

delcode.delaware.gov/..