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What Is a Wrongful Death Claim?

In Delaware, a wrongful death occurs when a wrongful act by one person causes the death of another person, for which that person could pursue a personal injury case had his death not occurred. Essentially, it is a personal injury case brought by the surviving family members of the deceased.

A wrongful death lawsuit is a civil matter instigated by private parties. In Delaware, it is permissible to file a wrongful death suit in addition to criminal charges filed by the state against the person responsible. However, criminal charges need not be pursued to mount a successful wrongful death case.

How is Liability Determined in Delaware?

In wrongful death cases, it must be demonstrated that the defendant is liable for the accident or circumstance that led to the death. Commonly, it must be shown that the responsible party was negligent in some way and that negligence eventually led to the death of the victim. Though it can be tricky to determine liability in some cases, a skilled attorney can help find and preserve evidence, talk to expert witnesses, and more.

Some of the more common wrongful death cases arise from:

• Car Accidents
• Truck accidents
• Motorcycle accidents
• Defective products 

• Premises Liability 

• Work injuries 

Can I File a Wrongful Death Lawsuit in Delaware?

In Delaware, the purpose of a wrongful death lawsuit is to benefit the spouse, children, parents, or siblings of the deceased person. The law is flexible when it comes to defining the ties between loved ones, and it is inclusive of many types of family relationships, but not all relationships recognize a legal right in every death.

Parents do not have to be married. Any child born of the deceased would also be entitled to make a claim, regardless of whether the deceased was married to the other parent or not. In some unique instances, the courts will allow someone other than these people to bring a wrongful death lawsuit.

If no parents, children, spouse, or siblings are available or want to file a wrongful death suit, then others related to the deceased through blood or marriage can make a claim. However, if you cannot claim a blood relationship with the deceased, you may not be able to make your case. For instance, if you were in a relationship with them but did not have children and never got married, you may have a difficult time proving your case in court. 

Additionally, if your loved one died out of the State of Delaware, surviving family members may still be entitled to make a claim. The specifics of the situation would dictate which state would be the most appropriate in which to file the lawsuit.

What Types of Compensation Can Be Recovered in a Delaware Wrongful Death Claim?

In Delaware, family members can recover compensation for:

• Funeral expenses (up to a certain amount): You can be repaid for what you paid to bury your family member. You may also seek payment for medical expenses related to the wrongful death.
• Lost income and benefits: The court can calculate how much your loved one would have made had they continued to work. 
• Lost contributions of child or spousal support: You can recover money your loved one would have paid to support you or your children if you did not work or had a monetary agreement in place. 
• Lost household services: You can be compensated for the everyday labor your loved one would have performed.
• Mental anguish: Dealing with an unexpected death can cause emotional pain and other mental health conditions. Damages reflect the turmoil suffered from your loved one's passing. 

How Do I File a Wrongful Death Claim in Delaware?

To file a wrongful death claim, you will need an experienced team of attorneys who understand Delaware's laws, such as the lawyers at Morris James. Before we file your suit, we will speak to you about the circumstances surrounding your loved one's death to get a clearer picture of what happened. We will need documentation, such as: 

• Accident reports, if available.
• Medical records.
• Any correspondence with insurance companies.

It may be painful to discuss the circumstances of a loved one's death. You may want to take notes that you can share with our lawyers. We will need to know everything we can about the deceased and the circumstances of their accident. While we recognize that this is not easy, it will help us better understand the cause of death and improve your chances of recovering damages.

What is the Statute of Limitations in a Wrongful Death Case?

You must file a wrongful death lawsuit in Delaware within two years of your loved one's death. If you do not file your claim in that time, the court will most likely reject it. Under the Delaware wrongful death statute, you can still file a civil action in the case even if criminal charges are pending. If you have any confusion over when you can file a case in Delaware or if you are eligible to bring a wrongful death suit, speak to an attorney. 

How Long Does A Wrongful Death Claim Take?

The wrongful death attorneys at Morris James are dedicated to fighting to protect the rights and the livelihood of every client. While our goal is to resolve every wrongful death case as quickly as possible and obtain the maximum amount of compensation, it is impossible to predict exactly what will happen.

While some straightforward cases can be settled in a matter of months, many cases require a longer time commitment. Typically, these cases involve negotiations with large insurance companies. Our wrongful death lawyers are committed to taking the time and effort necessary for a successful negotiation. However, some cases cannot be settled and must go to trial, an event that does take additional time and preparation.

What Kind of Compensation Can I Expect From a Wrongful Death Claim?

Settlement amounts vary from case to case. An award can be affected by income level, lifestyle, amount of available insurance, the circumstances of the death, and many other related factors. When you call our office, our experienced wrongful death lawyers can evaluate your case and help you determine how best to move forward.

What Is Workers’ Compensation?

Workers’ compensation is a type of insurance that can protect both employees and employers in situations where an employee is injured or dies as a result of the job they perform. For employees, the system offers wage replacement up to a maximum set annually by the State and medical care from an Industrial Accident Board Certified doctor, while the employee is unable to work or unable to work at the same level as before the injury. These benefits are available to workers regardless of fault. Even if the employee is partially to blame for the accident, they can still receive benefits, except in some specific situations. For their part, employers are typically protected from costly and time-consuming litigation.

Who Is Eligible for Workers’ Compensation Benefits in Delaware?

Any employee who suffers an injury or death that is related to work can file for workers’ compensation. All employers with one or more employees are required by the state of Delaware to carry workers’ compensation insurance. The state imposes stiff penalties for any employer who fails to provide this coverage.

Additionally, if an employee dies as a result of the workplace injury, surviving family members may be eligible to receive benefits. However, there are some employees who do not qualify to claim these benefits. Independent contractors, domestic workers, farm laborers, and those who earn less than $750 in a three-month period may not be eligible to receive compensation.

In addition, though the system is designed to act as a no-fault system, there are circumstances in which the behavior of the employee may disqualify him. Employees who do not exercise reasonable care in their behavior or are under the influence of drugs or alcohol at the time of the accident may not qualify.

If you are unsure whether or not you are eligible for workers’ compensation benefits, the workers' compensation lawyers at Morris James may be able to help. Our knowledgeable lawyers have experience with Delaware workers’ compensation claims and can help you decide how to proceed with your case.

What Kinds of Compensation Are Available for Delaware Employees?

Delaware workers’ compensation can provide assistance for a wide variety of situations. First, the benefits system can cover medical costs related to the work injury. The injured worker does have the right to choose his own physician, provided the doctor is certified by the Industrial Accident Board.  The state offers a continually updated list of approved providers. Employees can also file for mileage reimbursement to help cover the cost of travel for treatments related to the injury.

The system also provides wage replacement when an employee is unable to work or unable to perform the same level of duties as before the accident. Employees are eligible to receive up to 2/3 of their average weekly wage up to the maximum set annually by the state.  Wage replacement is available to those who suffer injuries that result in temporary partial disability or temporary total disability. 

Each of the different types of benefits are subject to different standards and are payable for varying Delaware workers compensation statute of limitations. In some cases, commutation of benefits is appropriate. Commutation delivers the injured employee a lump sum of money. A commutation must be approved by the Industrial Accident Board. A skilled workers’ compensation attorney can help employees examine their own unique situation to determine if commutation is appropriate and beneficial.

What Constitutes a Work-Related Injury or Illness?

Employees are eligible for any type of work-related injury. Any injury related to the job that causes an employee to miss work may qualify, including an old or chronic injury that is aggravated by the job. Though the injury most often occurs at the place of employment, this need not be the case. Injuries sustained during travel for work, at a job site, or any time an employee is completing a task for work may be considered work-related injuries.

What Should I Do If I Have Been Injured at Work in Delaware?

If you or someone you love has suffered an injury or illness at work, it is important to act quickly to protect your rights. Employees should immediately report the injury to their supervisor and seek medical treatment. Even if the employee regards the injury as minor, it is important to have it evaluated by a certified medical professional. In some cases, even minor injuries develop into more serious problems. Prompt medical care ensures that the employee’s health is protected and provides important evidence for a workers’ compensation claim.

The state sets limits on how long employees have to take action to receive compensation. In Delaware, employees must report the injury to their employer immediately and in writing. Many employers have specific forms available to complete after an injury or illness. If an employer does not act appropriately or cooperate with a claim, the employee will have to file with the state industrial accident board. Employees have two years from the date of the injury to file their case. In these cases, and others, injured workers should seek the advice of our skilled Delaware workers' compensation lawyers.

Do I Need an Attorney for a Delaware Workers’ Compensation Claim?

While a lawyer is not required for a workers’ compensation claim, it is most often recommended. Workers’ compensation proceedings are legally binding. These cases involve a good deal of paperwork, filing deadlines, hearing appearances, and even oral arguments. Experienced lawyers have an intimate knowledge of Delaware workers’ compensation law and can help injured workers prepare and offer the strongest case possible. Often, claims filed without an attorney are denied. Even then, employees do have the right to appeal the decision and offer a vigorous argument for the awarding of benefits.

Additionally, there are instances in which employers or insurance companies act unfairly toward the employee. It is against the law for an employer to retaliate against an employee in any way for filing a workers’ compensation claim. A skilled attorney can help employees understand their rights and protect them from unfair treatment. Workers’ compensation lawyers are experienced in dealing with insurance companies, which seek only to protect their own interests and their own bottom line. A lawyer can help injured workers evaluate settlement offers and negotiate with the insurance company if necessary.

The decision in a workers’ compensation case can have serious consequences for injured workers and their families. In most cases, the benefits are vital to both the continued medical care of the injured worker and the financial stability of the entire family.

How do I Select a Delaware Workers' Compensation Attorney?

Finding a lawyer you feel comfortable with who will look out for your best interests is critical to moving forward with your case. You will find many attorneys who can help you, but the right fit requires careful consideration. Here are four factors you should consider when you're looking for a lawyer:

• Experience: Understanding the law and developing effective strategies for clients comes with experience. The higher the number of people a lawyer has represented, the greater their knowledge of this area of law. Ask the law firm how many workers' compensation cases it has handled in the past.
• Philosophy: How does the firm approach a workers' compensation case? While you want an attorney who will work hard for you, you also want someone whose strategies appeal to you. Discuss their overall approach to the law and why they entered the profession. The answers will tell you a lot about your potential for collaboration.
• Results: No attorney wins them all, but a good workers' compensation lawyer should have some good results in their history. Ask about past outcomes in cases. If the firm refuses to discuss its results, consider it a red flag — they likely have limited past cases to speak about or do not feel proud of their record.
• Connection: This element may be the most important part of finding your lawyer. You'll want to know you can talk to them about anything. Schedule an initial consultation, which they may offer for free, and discuss your case. Gauge how comfortable you feel talking to them and whether they're engaged. A good attorney will ask you questions and want to learn more about your case.

Our lawyers have a combined 150-plus years of experience. They understand the feelings and uncertainty experienced by someone in your position, and they can help you through this time. We can help secure the best possible outcome in your case. Our lawyers give each client the personal attention they deserve. We'll speak with you about your case on a regular basis. In addition to providing thorough communication about the case itself, we'll strive to learn more about you and the circumstances that led to you getting injured at work in Delaware. We also know it's essential for you to discuss the recovery, both mental and physical, from your accident.

Our lawyers shape their strategies based on the details of each unique case. They decide whether to pursue negotiations or mediation, which are often better options than heading to court. You'll have input in every decision, and we'll move forward only when you feel comfortable with the plan. Our goal is to secure the best possible results for our clients, and that looks different for every case we take. 

More Workers' Compensation FAQs

What is the first thing you must do after a boating accident?

If you have had a boating accident, you must first take care of the health and safety of the people involved. Ensure everyone is safely on the boat if it is still afloat, or other safe place if it is not, and the boat is out of harm’s way. Signal for help, if necessary, and seek medical attention for any injuries. A medical report will also be important evidence in any legal action.

Gather details at the scene of the accident. Obtain registration numbers and insurance details for those involved, and contact details for the boat operators, passengers, and witnesses. If possible, take photos and video of the scene.

Report the boating accident to the U.S. Coast Guard and the Delaware Fish & Wildlife Natural Resources Police. An accident report will be evidence for any action, and is usually required by law.

Contact your insurance provider and an experienced boating accident attorney. Do not accept liability or discuss the accident with the other parties or insurers before speaking to your lawyer.

What action is required of an operator in a boating accident?

An operator involved in a boating accident must stop their vessel at the scene of the accident and offer assistance to anyone injured or in danger, unless doing so would seriously endanger their own vessel or passengers. The operator is also required to notify the U.S. Coast Guard and Delaware Fish & Wildlife Natural Resources Police in accordance with state and federal laws.

What types of boating accidents must be reported?

Federal law and Delaware state law require that a boating accident must be reported to the U.S. Coast Guard and Delaware Fish & Wildlife Natural Resources Police if:

• A person dies;
• A person is injured and requires medical treatment beyond first-aid;
• A person disappears from the boat under circumstances that indicate death or injury; or
• Damage to the boat and other property totals more than $2,000 by federal law, or $500 by Delaware state law, or there is a complete loss of the vessel.

Delaware law requires that the Delaware Fish & Wildlife Natural Resources Police is notified in writing of all reportable accidents within certain time limits but is also notified immediately if a person dies, disappears or is injured requiring medical attention beyond first aid.

Read more. 

• $2.2 million settlement: a man who, while in the course and scope of his employment, lost both legs when struck on the side of the road by a truck driver
• $2.1 million settlement: Navy SEAL struck by a driver who left the roadway, causing serious injuries to his legs
• $875,000 settlement: bicyclist who injured an eye when struck by a teenage car driver
• $850,000 settlement: young lady injured her shoulder in a multi-car accident which resulted in surgery, lost earnings, and medical expenses
• $615,000 settlement: 47-year-old man struck by a car while changing a tire, resulting in a significant arm injury
• $500,000 settlement: wrongful death claim where the defendant crossed the center line, killing the mother of 5 adult children
• $445,000 settlement: 60-year-old tractor-trailer driver rear-ended by another tractor-trailer, resulting in neck and back surgeries
• $350,000 settlement: 44-year-old woman who suffered orthopedic injuries resulting in surgery as a result of a motor vehicle accident
• $297,500 settlement: policy limits wrongful death settlement arising out of a motor vehicle accident
• $250,000 settlement: 51-year-old man who suffered a neck injury requiring surgery as a result of a motor vehicle accident
• $220,000 settlement: 46-year-old female cafeteria worker, injured low back lifting a tray of juice and subsequently diagnosed with failed back syndrome
• $205,000 settlement: 32-year-old male maintenance worker sustained low back injury while moving a trash dumpster, requiring multiple surgeries
• $164,990 settlement: 49-year-old male bus driver sustained low back and knee injuries when the bus hit a deep pothole, resulting in knee replacement surgery
• $125,000 settlement: 66-year-old woman who suffered an eye injury as a result of a trip and fall at a retail store
• $90,000 jury verdict: 44-year-old man rear-ended in an automobile accident resulting in muscular injuries and an elbow nerve injury