If you have lost a loved one due to someone else’s negligence in Delaware, understanding your legal rights is a critical first step toward justice. This guide covers Delaware’s wrongful death laws, profiles three law firms that handle these cases, and answers the most important questions families face.
Introduction
Losing a family member due to another party’s negligence is devastating. Beyond the grief, families often face significant financial hardship and a confusing legal landscape when deciding how to pursue justice. Delaware’s wrongful death framework provides meaningful protections for families, with no damage caps and a clear path to full compensation.
Delaware Wrongful Death Laws
The Delaware Wrongful Death Statute
Delaware’s wrongful death law is governed by Delaware Code Title 10 § 3724. The statute requires the Personal Representative of the deceased’s estate to file the wrongful death claim on behalf of the surviving beneficiaries.
Who Can File
The Personal Representative of the deceased’s estate must file. The damages recovered directly compensate the family for their pecuniary loss, mental anguish, and loss of companionship.
Statute of Limitations
Delaware imposes a 2-year statute of limitations, measured from the date of death.
Recoverable Damages
Delaware allows recovery for pecuniary loss, mental anguish, and loss of companionship. There are no caps on wrongful death damages in Delaware.
Survival Action
Delaware maintains a separate survival action alongside the wrongful death claim. The survival action allows the estate to recover for the deceased’s own pre-death losses, including pain and suffering and medical expenses incurred before death.
Top 3 Wrongful Death Attorneys in Delaware
1. Morris James LLP
Location: Wilmington, DE (Offices in Dover, Newark, Georgetown)
Phone: (302) 888-6800
Website: https://morrisjames.com
Morris James is one of Delaware’s most prestigious litigation firms. Their Personal Injury group is top-tier, with the financial backing and legal pedigree to take on massive corporate defendants, hospitals, and commercial trucking companies in fatal accident claims. They heavily emphasize uncapped mental anguish damages and have the resources to pursue complex cases through trial if necessary.
2. Baird Mandalas Brockstedt & Federico, LLC
Location: Wilmington, Dover, Lewes, DE
Phone: (302) 327-1100
Website: https://bmbflaw.com
BMBF has a stellar reputation for medical malpractice and catastrophic injury resulting in death. Because Delaware allows a separate survival action, they meticulously dissect medical records to prove the deceased’s conscious pain and suffering prior to death, pairing it with the family’s loss of companionship claims for maximum total recovery.
3. Young Conaway Stargatt & Taylor, LLP
Location: Wilmington, DE
Phone: (302) 571-6600
Website: https://youngconaway.com
While known as a corporate powerhouse, their complex personal injury and medical malpractice division is elite. They represent estates in high-dollar wrongful death suits, utilizing heavy-hitting expert witnesses to establish maximum pecuniary loss and lost future earnings in Delaware courts.
Frequently Asked Questions
Who must file the wrongful death lawsuit in Delaware?
The Personal Representative of the estate must file. Family members cannot file directly. Prompt probate appointment is essential to preserve the 2-year filing window.
Are there caps on damages in Delaware?
No. Delaware imposes no caps on wrongful death damages.
What is the difference between a wrongful death claim and a survival action?
The wrongful death claim compensates the surviving family for their own losses. The survival action compensates the estate for the deceased’s own pre-death suffering and losses. Both are typically pursued simultaneously.
What should I do immediately after losing a loved one due to negligence?
Contact an attorney immediately. The 2-year deadline runs from the date of death. Preserve evidence, obtain the death certificate, and do not speak with insurance companies before consulting an attorney.
Closing
Delaware’s wrongful death framework – no damage caps and a clear path to full compensation for both the family and the estate – provides meaningful legal tools for families. If you have lost a loved one due to another party’s negligence, contact one of these attorneys today.
For immediate grief support, contact the National Alliance for Grieving Children at (866) 432-1542.