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Who can file a wrongful death claim in Delaware?

Losing a loved one is perhaps the most difficult thing a person can experience. It can be even more difficult when the death resulted from the wrongful act of another person or entity.

Not only does the family have to deal with their loss, they also have to go on knowing that the death could have been prevented, and their loved one should still be with them today.

One way that the family can obtain a sense of justice and closure is by pursuing a wrongful death claim against the party responsible. This could be a drunk driver, a negligent doctor or a careless property owner, and in some cases, there is more than one party responsible.

Under Delaware law, a wrongful death claim is a lot like a personal injury claim but it is filed on behalf of the deceased party's surviving family members. Delaware law allows wrongful death claims to be pursued "for the benefit of the spouse, parent, child, and siblings" of the person who died.

In cases where a deceased person does not have a living spouse, parent, child or sibling, a wrongful death claim can still be filed "to the benefit of any person related to the deceased person by blood or marriage."

The surviving loved ones may be able to pursue damages for monetary losses such as funeral and burial expenses, lost future wages, medical expenses and loss of companionship. But other non-monetary losses may also be pursued in some cases, including pain and suffering.

An experienced personal injury attorney can work closely with the family to guide them through this difficult time in effort to help them recover the damages that they deserve.

Of course no amount of damages can make losing a loved one any less difficult, but wrongful death claim can help give the family the closure and support they need to move forward.

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Murphy & Landon

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Wilmington, DE 19805

Toll Free: 866-939-8100
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