Who Can File A Wrongful Death Claim?

The death of a loved one is always a devastating experience, especially when it’s the result of someone else’s negligence or wrongdoing. In Delaware, families of victims who have lost their lives due to another party’s negligent or intentional actions may be able to pursue justice through a wrongful death claim. However, understanding who has the legal right to file such a claim is essential before proceeding. Delaware law outlines specific guidelines about who can bring a wrongful death action and under what circumstances.

1. Immediate Family Members

Under Delaware law, the right to file a wrongful death claim is generally limited to immediate family members. This includes:

• Spouse: If the deceased was married, the surviving spouse is typically the primary individual who can file a wrongful death claim.
• Children: Both biological and legally adopted children of the deceased may file a wrongful death claim. This can include adult children, as there is no age restriction for this right under Delaware law.
• Parents: If the deceased did not have a surviving spouse or children, the parents of the deceased may be eligible to file a wrongful death lawsuit. This is especially common in cases involving the death of minors or young adults.

2. Siblings and Other Relatives

In certain cases, more distant family members such as siblings or grandparents may be permitted to file a wrongful death claim, but only if there are no surviving spouses, children, or parents of the deceased. This provision ensures that the family has an avenue for compensation even if the victim did not have close immediate family members.

3. Personal Representatives

If there are multiple parties eligible to file a wrongful death claim, the court may appoint a personal representative for the estate of the deceased. This individual acts on behalf of the beneficiaries, managing the legal process and ensuring that any damages awarded are distributed appropriately among the eligible family members.

4. What Can Be Recovered in a Wrongful Death Claim?

Once it is determined who has the legal right to file a wrongful death claim, the next question is often what types of damages can be recovered. Delaware law allows for the recovery of various damages, including:

• Funeral and Burial Expenses: The cost of the deceased’s funeral, burial, or cremation services can be recovered.
• Lost Wages: Compensation for the income the deceased would have earned had they survived, particularly if the family depended on that income.
• Loss of Benefits: If the deceased had employment benefits such as healthcare or retirement, compensation may be awarded for the loss of those benefits.
• Emotional Pain and Suffering: The emotional toll of losing a loved one can also be compensated in a wrongful death claim, including the loss of companionship, guidance, and support.

5. Statute of Limitations for Wrongful Death Claims in Delaware

It’s important to understand that Delaware law imposes a strict two-year statute of limitations for wrongful death claims. This means that a claim must be filed within two years of the victim’s death, or the family may lose their right to seek compensation.

Additionally, Delaware follows the comparative negligence rule, meaning that if the deceased was partially responsible for their own death, any awarded compensation may be reduced by the percentage of fault.

Losing a loved one is an unimaginable hardship, but knowing your rights under Delaware law is essential if you believe their death was the result of negligence. The legal process can be complex, and it is crucial to have the right information and support when filing a wrongful death claim. Immediate family members, including spouses, children, and parents, generally have the right to file, but more distant relatives may also be eligible in certain cases.

Contact Edelstein Martin & Nelson Today

If you have lost a loved one due to negligence, our experienced Delaware wrongful death attorneys can help you navigate the legal process. Contact us today for a free consultation to ensure you and your family receive the justice and compensation you deserve. Call us at (302) 295-5050 to begin your recovery.