302 504 4815

Call Us For Free Consultation


How to File a Wrongful Death Lawsuit After a Trucking Accident

Law De > Blog  > How to File a Wrongful Death Lawsuit After a Trucking Accident

How to File a Wrongful Death Lawsuit After a Trucking Accident

How to File a Wrongful Death Lawsuit After a Trucking Accident

Large truck accidents often lead to life-threatening injuries and, in some cases, tragic losses. You might be able to file a wrongful death lawsuit against the truck driver who caused the passing of your loved one. This requires collecting evidence of the truck accident and the wrongful death. You do not have to do this alone. Talk to a Wilmington wrongful death attorney for advice.


Start by collecting as much car accident evidence as possible. This is vital for proving the truck driver caused the accident and connecting this to your loved one’s passing. Avoid common mistakes by remembering these tips after the truck accident:

  • Do not admit fault or apologizeHow to File a Wrongful Death Lawsuit After a Trucking Accident
  • Avoid arguing with others at the accident scene
  • Call 911 if anyone is injured

Make sure the police arrive to write up a police report. Tell them relevant details about what caused the accident and what happened afterward. You will want a copy of the police report as evidence that ties the accident to the loss of your loved one. Collect other truck accident evidence by:

  • Taking pictures of the accident scene, vehicle damages, and injuries
  • Writing down witness contact information and statements
  • Obtaining copies of your medical records

Talk to a lawyer about obtaining a copy of the death certificate. This might be requested in the car accident claim or wrongful death lawsuit. Consider contacting a Wilmington accident lawyer for further advice on this.

Be sure to write down what led to the accident to keep the story straight. Include as much detail as possible. Deciding whether to seek compensation through a car accident claim or wrongful death lawsuit is something you may want to consult with a lawyer on. A lawyer can help point you in the direction of maximum compensation.


To file a wrongful death lawsuit, you must prove your loved one passed away due to the negligence of someone else. This means you will need to prove the truck driver’s negligence caused the accident that caused your loved one’s passing. Connecting these together can be difficult but not impossible.

A lawyer can work with you to prove negligence, a breach of duty, causation, and damages. Depending on the cause of the accident, this might mean proving the truck driver broke traffic laws, engaged in drunk driving, or was texting while driving. These are all examples of negligence while driving.

Keep in mind that not everyone can file a wrongful death claim. The person filing the claim must be a family member or financial dependent of the deceased person. Otherwise, a car accident claim might be the only option left for compensation.


Filing a lawsuit can be tedious and often confusing. Talking to an experienced Delaware truck accident attorney may make this process faster and less stressful. Feel free to call Edelstein Martin & Nelson by dialing (302) 295-5050 for a free consultation today. Our experienced lawyers are prepared to increase your chances of being compensated for medical bills, emotional distress, and funeral costs.

No Comments

Sorry, the comment form is closed at this time.

Call Email