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Who is Liable in a Wrongful Death Claim?

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Who is Liable in a Wrongful Death Claim?

Types of Evidence You Can Use for Disability Benefits

When a loved one dies due to someone else’s negligence or wrongdoing, the emotional toll can be devastating. Beyond the personal loss, the legal aftermath can feel overwhelming as families try to understand their options for seeking justice. A wrongful death claim allows surviving family members to pursue compensation for their loss, but one of the key questions is: Who can be held liable in these cases?

In Delaware, liability for wrongful death can be attributed to individuals, companies, or entities whose actions or inactions contributed to the fatal incident. Here’s a closer look at who might be liable in a wrongful death case.

Drivers in Car Accidents

One of the most common causes of wrongful death claims in Delaware is fatal car accidents. If a driver’s negligence—such as speeding, driving under the influence, or distracted driving—causes a fatal crash, they could be held liable for the wrongful death. In some cases, multiple drivers may share liability if more than one party contributed to the crash.

Additionally, the employer of a commercial driver involved in a fatal accident may also be held liable if the accident occurred during work-related activities or due to the company’s failure to properly maintain its vehicles.

Healthcare Providers

Types of Evidence You Can Use for Disability BenefitsMedical malpractice is another leading cause of wrongful death claims. If a healthcare provider, such as a doctor, nurse, or hospital, fails to provide an acceptable standard of care, and that failure results in a patient’s death, they can be held responsible. Examples of medical malpractice that may lead to wrongful death include surgical errors, misdiagnosis, medication mistakes, or failing to properly treat a condition.

In such cases, the healthcare provider or institution involved in the patient’s care can be named in a wrongful death lawsuit.

Property Owners

Property owners, both residential and commercial, have a legal responsibility to ensure their premises are safe for visitors. If someone dies as a result of dangerous conditions on a property—such as an unmarked hazard, faulty construction, or lack of proper security—the property owner may be liable for wrongful death. For instance, if a person slips and falls due to a poorly maintained walkway and later dies from their injuries, the property owner could be held responsible.

Manufacturers and Companies

Product liability is another area where wrongful death claims may arise. If a defective product causes someone’s death, the manufacturer, distributor, or retailer of that product could be held liable. This includes defective auto parts, dangerous medical devices, toxic chemicals, or unsafe consumer products. In these cases, the company responsible for designing, manufacturing, or selling the defective product may be sued for wrongful death.

Employers in Workplace Accidents

In certain situations, employers may be held liable for the wrongful death of an employee who dies due to workplace hazards or unsafe conditions. While workers’ compensation laws often provide death benefits to surviving family members, there are cases where the employer can be sued directly, such as when gross negligence or intentional harm is involved.

Government Entities

Government entities can also be liable for wrongful death under certain circumstances, such as if a fatal accident occurs due to poorly maintained public roads or dangerous conditions in a public facility. However, pursuing a wrongful death claim against a government agency involves specific legal processes and deadlines, which an experienced attorney can navigate.

Wrongful death claims in Delaware can involve a wide range of potential defendants, from individuals to companies and even government entities. Determining who is liable in a wrongful death case requires careful investigation into the circumstances surrounding the death. It’s essential to work with a knowledgeable attorney who can help identify all responsible parties and pursue justice for your family.

Contact Edelstein Martin & Nelson Today!

If you’ve lost a loved one due to someone else’s negligence, you deserve answers and justice. Contact our Delaware wrongful death attorneys today for a free consultation. We’ll help you understand who could be liable in your case and guide you through every step of the legal process.

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