Every year, thousands of families across the United States suffer the loss of a loved one due to someone else’s negligence or wrongdoing. In Delaware, the law provides a way for the surviving family members to seek justice and compensation for their loss through a wrongful death claim.
If you have recently lost a loved one due to someone else’s actions or inactions, filing a wrongful death claim can provide some much-needed financial compensation to cover the costs of medical bills, funeral expenses, and loss of income – but the process of pursuing a lawsuit can be complex. This article will provide an overview of what you need to know about filing a wrongful death claim in Delaware.
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Understanding What Wrongful Death Means
Before you can consider filing a wrongful death claim, you need to know whether your specific situation qualifies as wrongful death. According to the Delaware Code, a wrongful death occurs when "the death of any person is caused by the wrongful act, neglect or default of another."
This definition can cover a wide range of situations, including car accidents, medical malpractice, product liability, workplace accidents, and more. If another party’s actions or inactions caused the death of your loved one, you may have grounds to file a wrongful death claim.
Who Can File A Wrongful Death Claim?
In Delaware, only certain family members are eligible to file a wrongful death claim. The following individuals may be able to pursue legal action:
- Surviving spouse or partner
- Children of the deceased
- Parents of the deceased (if there are no surviving children or spouse)
If none of these family members are available to file a claim, the deceased’s next of kin may be able to do so.
Statute of Limitations for Filing a Claim
It’s important to note that in Delaware, there is a strict deadline for when a wrongful death claim can be filed. The statute of limitations for wrongful death claims is two years from the date of the deceased’s passing. This means that if you don’t file a claim within two years of the death, your claim may be dismissed.
Compensatory Damages Available
If your wrongful death claim is successful, you may be awarded compensatory damages. These damages are designed to provide financial compensation for measurable losses, such as medical bills, funeral expenses, and loss of income.
In Delaware, there are two types of compensatory damages available in wrongful death cases:
- Economic damages: This includes things like medical bills and lost wages, which can be easily quantified.
- Non-economic damages: This includes less concrete damages, such as emotional distress and loss of companionship.
Hiring a Wrongful Death Attorney
Navigating the legal system can be complex and overwhelming, especially when you are grieving the loss of a loved one. That’s why it’s important to hire an experienced wrongful death attorney who has the knowledge and expertise to help you navigate the process.
A skilled attorney can help you investigate the cause of death, gather evidence to support your claim, and negotiate with insurance companies and other parties on your behalf. They can also ensure that you meet all deadlines and requirements for filing a claim and can advise you on the best course of action for your specific situation.
Conclusion
We hope this article has provided a helpful overview of what you need to know about filing a wrongful death claim in Delaware. If you have recently suffered the loss of a loved one due to someone else’s negligence, we urge you to contact an experienced attorney as soon as possible.
By taking legal action, you may be able to secure financial compensation to help ease the burden of medical bills, funeral expenses, and lost income. At the same time, pursuing a wrongful death claim can also serve as a way to hold the responsible parties accountable for their actions and prevent similar tragedies from occurring in the future.