Wrongful Death Lawyer Delaware: Helping Families After a Preventable Death

Wrongful Death Lawsuits in Delaware

A wrongful death lawsuit in Delaware is a civil claim brought by family members or a representative of a person who died because of someone else's negligence or intentional wrongdoing. Delaware has its own rules for these cases, and they differ from the rules in other states.

What This Page Covers

• Delaware rules for wrongful death lawsuits.
• How these claims move forward, step by step.
• Where Delaware law differs from other states.

How Delaware Handles These Claims

Delaware law addresses three questions in every wrongful death case:

• Time limits: Delaware sets a deadline for filing a wrongful death lawsuit.
• Filing rights: Delaware law defines which family members can benefit from a wrongful death claim.
• Compensation: Delaware law sets out the types of damages a family can pursue.

The Sharma Law Firm explains these rules below so families can make informed decisions.

Who Can File a Wrongful Death Lawsuit in Delaware?

Before filing, it helps to know who is eligible. In Delaware, the law names specific family members who can recover in a wrongful death claim.

Eligible Family Members Under Delaware Law

Delaware law allows a wrongful death claim for the benefit of these relatives:

• Spouse: The husband or wife of the deceased.
• Children: Biological or legally adopted children of the deceased.
• Parents: Biological or adoptive parents of the deceased.
• Siblings: Brothers and sisters of the deceased.

Other Relationships

Some relationships raise closer questions, such as half-siblings, stepfamily, or relatives by marriage. Whether a particular relative can recover depends on the facts and Delaware law.

Talk with a lawyer about your relationship to the deceased and whether you are eligible to bring or benefit from a wrongful death lawsuit in Delaware.

Time Limits to File a Wrongful Death Claim in DE

Deadlines matter in wrongful death claims. The statute of limitations is the period in which a lawsuit must be filed. If a claim is filed too late, the right to pursue it may be lost.

Delaware Filing Deadlines

• General deadline: Delaware's general deadline for wrongful death and personal injury claims is two years, but deadlines vary by claim and some notice requirements are much shorter. When the period starts and whether any exception applies depend on the facts. Talk to us before assuming you have time.

Why Acting Quickly Matters

• Protecting the claim: Missing a deadline can end the right to file the claim.
• Gathering evidence: Evidence gets harder to collect as time passes, and that can weaken the claim.

The Sharma Law Firm encourages families to reach out early so the claim and the evidence behind it are protected.

Common Causes of Wrongful Death in Delaware

A negligent act can take a life without warning. These are some of the situations that lead to wrongful death claims in Delaware.

Car Accidents

Car accidents and other motor vehicle crashes are a common source of wrongful death claims in Delaware:

• Frequent cause: Traffic crashes account for many fatal injuries on Delaware roads.
• Reasons: Distracted driving, speeding, and driving under the influence are frequent factors.

Read about our Delaware car accident lawyer and Delaware motorcycle accident lawyer services.

Defective Products

People expect the products they use to be safe, but some cause harm.

• Concerns: Faulty consumer goods, flawed drugs, and malfunctioning medical devices can lead to fatal outcomes.

Workplace Accidents

Workplaces should be safe, but accidents do occur.

• Hazards: Incidents such as falls, equipment malfunctions, and other on-the-job accidents can lead to fatalities.

If you believe your loved one died because of someone else's negligence, The Sharma Law Firm can review what happened with you.

Proving a Wrongful Death Claim in DE

A wrongful death claim in Delaware has to be built on evidence. These are the main parts of proving one.

Burden of Proof

The family bringing the claim must prove the defendant was responsible. That means:

• Burden of proof: As the plaintiff, you must show that the defendant's actions or failure to act caused the death.
• Standard: The standard is a "preponderance of the evidence," meaning it is more likely than not that the defendant's negligence caused the death.

Proving Defendant's Negligence

The claim depends on showing:

• Negligence: The defendant's misconduct or carelessness.
• Causation: A clear link between the defendant's actions and the death.

Wrongful Death and Survival Claims

Delaware treats two related claims separately:

• Wrongful death claim: Brought for the benefit of eligible family members for their own losses.
• Survival claim: Brought on behalf of the deceased person's estate, usually by a personal representative, for claims the person could have brought if they had lived.

Same Proof as an Injury Claim

In general, the family must prove the same fault that the person would have had to prove if they had survived.

The Sharma Law Firm can guide families through each of these steps.

Damages Available in DE Wrongful Death Lawsuits

A death in the family brings financial losses on top of grief. In Delaware, wrongful death lawsuits seek money damages for the family of the deceased. The Sharma Law Firm, a Delaware wrongful death law firm, can explain the damages that may apply in your case.

Economic Damages

The financial losses caused by the death:

• Funeral costs: Burial or cremation and related funeral services.
• Medical bills: Treatment the person received before death.
• Lost income: Earnings the deceased would have provided had they lived.
• Loss of benefits: Such as pensions, health coverage, or other employee benefits.
• Household services: Tasks and responsibilities the deceased person handled in the household.

Non-economic Damages

These address losses that are harder to measure:

• Pain and suffering: Through a related survival claim, the physical and emotional pain the person endured before death.
• Loss of companionship: The loss of a loved one's company and support.
• Emotional distress: The mental anguish family members suffer because of the death.

Punitive Damages

Punitive damages are meant to punish, not compensate:

• Purpose: To penalize especially reckless or intentional conduct and deter it in the future.
• Availability: Whether punitive damages can be sought depends on the type of claim and the conduct involved, such as gross negligence or intentional misconduct.

The Sharma Law Firm pursues the full value of wrongful death claims under Delaware law.

Hiring a Wrongful Death Lawyer in Delaware

A wrongful death claim can be hard to manage while grieving. The Sharma Law Firm offers compassionate legal help to families seeking to recover damages.

• Benefits of legal representation: A wrongful death lawyer handles the legal work of a claim so the family does not have to.

• Experience: A Delaware personal injury lawyer knows how the claims process and the courts work.

• Evidence gathering: Lawyers collect evidence and identify the liable parties to build a strong case.

• Negotiation: A wrongful death lawyer negotiates with insurers and works to recover the full value of the claim.

• Fees: Our contingency fee is 33.33% of the recovery. No attorney's fee unless we recover, and we advance case costs. If we don't win, you owe nothing.

With The Sharma Law Firm, your case will be handled with care and diligence as we pursue justice and compensation for your family. Read our guide on how to file a personal injury lawsuit in Delaware.

FAQs about DE Wrongful Death Lawsuits

Families often have questions about wrongful death lawsuits in Delaware. Here are answers to common ones.

• Who pays the settlement amount?

• Damages are usually paid by the liable defendant and/or their insurance company.

• How long do these cases take?

• There is no set timeline. It depends on the facts, the insurers involved, and whether the case settles or goes to trial.

• How much is my case worth?

• The value of a claim depends on the economic and non-economic damages involved. A consultation with The Sharma Law Firm can help you understand the factors that affect your claim. No lawyer can promise a specific result.

• Is a wrongful death claim still valid if there was a criminal case?

• Yes, it can be. A wrongful death lawsuit is a civil matter, separate from any criminal case. Both can proceed independently.

• Can I file a wrongful death claim for my spouse's work accident?

• Often, no. Workers' compensation is usually the exclusive remedy against the employer. However, if a third party, such as an equipment manufacturer, was negligent, a claim against that party may be possible. Read about our Delaware workers' compensation lawyer services.

Next Steps

Wrongful death lawsuits can be complicated, but understanding the process helps. The Delaware wrongful death attorneys at The Sharma Law Firm can answer your questions and guide you through each step.

Talk With The Sharma Law Firm

A wrongful death claim can feel overwhelming, particularly during a time of grief and loss. You don't have to handle it alone.

The Sharma Law Firm understands what these claims involve and how much justice and accountability matter to families. We represent families across Delaware from 8 office locations and handle these sensitive cases with care.

Here's what you can expect when you choose us:

• Personal attention: Every case is different. We take the time to understand your situation.
• A 24/7 helpline: You can reach our injury helpline 24/7 with questions, and meetings at our offices are by appointment.
• No upfront fees: We work on a contingency fee of 33.33% of the recovery. No attorney's fee unless we recover, and we advance case costs. If we don't win, you owe nothing.

Don't Wait: Deadlines Apply

If you believe you have a wrongful death claim in Delaware, reach out to The Sharma Law Firm for a free consultation at (302) 781-3077. Submitting a form or calling does not create an attorney-client relationship.

(302) 781-3077

Types Of Cases We Handle

Personal injury

Car accidents

Workers compensation

Bicycle accidents

Motorcycle accidents

Truck accidents

Pedestrian accidents

Dog bites

Wrongful Death

Sexual Abuse

Areas we serve

Our 8 Delaware offices serve communities across New Castle, Kent and Sussex counties. See the Delaware communities our injury lawyers serve, listed by the office that covers each one.