Delaware Wrongful Death Claims: What Families Need to Know
Losing someone you love is one of the most painful experiences anyone can face. That loss becomes even more difficult when it’s the result of someone else’s wrongdoing or negligence. In such cases, families may have legal options through a Delaware wrongful death lawsuit. These claims aim to provide financial relief and a sense of justice to those left behind.
If you’re unsure of your rights or how to begin the legal process, our experienced Delaware wrongful death lawyer at Edelstein Martin & Nelson can guide you every step of the way.
What Is Considered a Wrongful Death in Delaware?
Under Delaware law, a wrongful death occurs when someone’s negligent, reckless, or intentional actions cause another person’s death. These claims can arise from various situations, including:
- Car accidents caused by drunk, distracted, or reckless drivers
- Medical malpractice or surgical errors
- Workplace accidents due to unsafe conditions
- Dangerous or defective products
- Criminal acts, such as assault or homicide
A wrongful death lawsuit is separate from any criminal charges the responsible party may face. While criminal cases are meant to punish, civil cases are focused on securing compensation for surviving family members.
Who Can File a Delaware Wrongful Death Lawsuit?
Delaware law allows specific family members to bring a claim of wrongful death. Those eligible include:
- The deceased person’s spouse
- Children (including adopted children)
- Parents
- Siblings, if no closer relatives exist
These family members can seek compensation for both financial losses and emotional suffering resulting from the loss of their loved one. A Delaware wrongful death lawyer can help determine which family members have the strongest legal standing and guide them through the legal process.
What Damages Are Available?
The purpose of a wrongful death lawsuit is to compensate the family for the measurable and intangible losses they have suffered. Some of the damages that may be available include:
- Reasonable funerary expenses
- Loss of income and benefits the victim would have contributed
- Loss of support and companionship
- Emotional pain and mental anguish
- Medical bills related to the final injury or illness
In some cases, punitive damages may also be awarded if the defendant’s actions were especially reckless or malicious. These damages are designed to punish wrongdoers and deter similar behavior in the future.
How Long Do You Have to File a Claim?
Delaware sets a strict two-year statute of limitations on wrongful death claims. This means you must file your lawsuit no more than two years after your loved one’s death, or you risk losing your right to pursue compensation.
However, there are exceptions in rare circumstances, so it’s always best to discuss your potential claim with a knowledgeable Delaware wrongful death lawyer as soon as possible. Prompt legal action also ensures that crucial evidence is preserved and witness memories remain fresh.
Why You Need a Delaware Wrongful Death Lawyer
Wrongful death cases are emotionally complex and legally challenging. Insurance companies often try to minimize payouts or deny liability altogether. That’s why working with a skilled attorney is essential. A Delaware wrongful death lawyer can:
- Investigate the circumstances surrounding the death
- Gather evidence to establish liability
- Calculate the full extent of your family’s damages
- Handle negotiations and litigation on your behalf
Having a strong legal advocate gives your family the best chance of obtaining the justice and financial security you deserve.
Call Edelstein Martin & Nelson for Trusted Legal Support
If you’ve lost a family member due to another party’s negligence, you don’t have to go through the legal process alone. At Edelstein Martin & Nelson, we are committed to helping families through some of the most difficult times in their lives. Our compassionate and experienced legal team will fight tirelessly to hold the liable parties accountable.
Call us today at (302) 295-5050 for a free consultation with our knowledgeable Delaware wrongful death lawyer, and let us help you explore your options for filing a Delaware wrongful death lawsuit.