Wrongful Death

$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

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.

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
Fatal Medical Malpractice

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.

In Delaware, wrongful death damages are intended to fairly compensate eligible family members for the losses caused by a loved one’s death. Delaware law directs the court or jury to consider the facts and circumstances and allows consideration of specific categories of loss.

Economic losses may include:

• Loss of expected financial benefits the beneficiary would have received if the person had lived (often tied to earnings, benefits, and expected working life).

• Loss of contributions for support (the financial support the person provided to a spouse, children, or other beneficiaries).

• Reasonable funeral expenses (Delaware law sets a specific cap framework).

Non-economic losses may include:

• Loss of parental, marital, and household services, including the reasonable cost of caring for minor children.

• Mental anguish suffered by certain surviving family members, as Delaware law defines.

Because every family’s circumstances are different, damages are case-specific and depend on factors like the person’s role in the household, income and benefits history, and the impact of the loss on eligible family members.

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.

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.

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 full and fair compensation 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.

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.

Punitive damages are not available in every case. Under Delaware law, punitive damages in a wrongful death action may be awarded only if the death was maliciously intended or resulted from reckless, willful, or wanton misconduct, and any punitive award must be made as a separate finding from compensatory damages.

In practice, punitive damages are most often at issue when the conduct goes well beyond ordinary negligence.

When a wrongful death claim includes loss of expected financial benefits or support, the numbers typically come from a structured analysis using real documents and reasonable assumptions, often with help from financial and economic experts.

Common inputs include:

• Earnings history (pay stubs, W-2s/1099s, tax returns)

• Employment benefits (health insurance, retirement contributions)

• Expected career path (likely raises, promotions, or steady earnings)

• Work-life expectancy and expected retirement timeframe

• The portion of income that would likely have supported the household

• Present-value calculations (translating future dollars into today’s dollars)

This is why two cases with the same type of incident can still result in very different damage ranges.