Practice Area
Wilmington Wrongful Death Attorneys
Lost a loved one because of someone else's actions? Start with a straight answer about what your family can do next and who has to act.
Prepared by Murphy & Landon editorial team on . Legal review pending.
There is no way to put a dollar amount on the life of someone you loved. What families usually need first is not a number — it is a straight answer about what happens now, who is allowed to act on the family’s behalf, and what a conversation with a lawyer would actually involve.
Murphy & Landon represents Delaware families after a death caused by someone else’s actions or negligence. We will tell you plainly what we can help with and what we cannot.
In short: a Delaware wrongful-death claim may allow eligible family members, through a personal representative, to seek compensation after a death caused by another party’s negligence. Eligibility, deadlines, and what a case can recover all depend on Delaware law and the specific facts, so a family should get case-specific legal guidance promptly rather than rely on a general answer like this one.
Does every death count as wrongful death?
No. A death alone does not answer the legal question — a wrongful-death claim depends on facts specific to your situation, including whether someone else’s conduct caused the death, whether that conduct was legally actionable, and what losses the family experienced. Deaths that raise this question come from more than one kind of situation, including fatal crashes, medical errors, and nursing-home neglect, among others. Only a Delaware attorney reviewing your specific facts can tell you whether a claim may exist — this page explains the general process, not whether your family has a case.
Who can file a wrongful-death claim in Delaware?
In Delaware, a wrongful-death claim is generally brought by the deceased person’s personal representative on behalf of surviving family members, such as a spouse, children, or parents, who may have a financial or emotional dependence on the person who died. Exactly who qualifies, and who should serve as personal representative, depends on the family’s circumstances and requires review by an attorney before any claim is filed.
Before you call, it helps to have on hand:
- The deceased’s full name and date of death, and any death certificate or police/incident report you have received
- Contact information for witnesses, if any
- Insurance information for anyone involved (driver, property owner, facility, employer)
- Names of any hospital, nursing home, or employer connected to what happened
- Any paperwork you have already been asked to sign — do not sign it yet
Why the personal representative role matters
Delaware law generally requires a personal representative of the deceased’s estate to bring a wrongful-death claim. If one has not yet been appointed, that is often one of the first things a family needs to sort out. We can walk you through what that process involves and who in your family may be positioned to serve, though the specifics depend on Delaware probate law and the facts of your situation.
What a civil claim may address
A wrongful-death claim is a civil case, separate from any criminal investigation or citation that may also be underway. Depending on the facts, it may allow a family to pursue compensation tied to losses such as funeral and burial costs, medical expenses before death, lost income and support the family would have received, and the loss of a loved one’s care and companionship. Whether any of these apply, and what they may be worth, is something an attorney needs to evaluate case by case — this page is a general description, not an estimate of your case.
Wrongful-death claim vs. survival action: what’s the difference?
Delaware families often hear both terms and assume they mean the same thing. In general terms, they address different losses and are brought by different people:
| Wrongful-death claim | Survival action | |
|---|---|---|
| Whose losses it addresses | The surviving family’s losses because of the death | The deceased person’s own losses before death |
| Who brings it | Family members, generally through a personal representative | The estate, through the personal representative |
| What it may cover | Lost financial support, services, and companionship the family would have received | Medical bills, pain, and other losses the deceased person experienced before passing |
The two can sometimes be pursued together, depending on the facts. Delaware has its own rules for how each claim works, who qualifies, and how they interact — the general distinction above is a starting point, not a substitute for a Delaware attorney confirming how the terminology and procedure apply to your family’s situation.
How fault and multiple defendants get investigated
Figuring out who may be legally responsible often takes more digging than it first appears, and more than one party can be involved depending on how the death happened:
- Vehicle crashes. A driver may not be the only party investigated — a vehicle owner, an employer if the driver was working, or a government entity responsible for road conditions can also come into question.
- Premises situations. A property owner, a manager, a maintenance contractor, or a security company may each bear some responsibility depending on what caused the hazard.
- Medical errors. A treating physician, a hospital, a specialist, or a facility’s staffing and policies can all be relevant, and more than one may be investigated at once.
- Nursing-home and long-term-care neglect. The facility, its ownership or management company, and individual staff can all potentially be involved, depending on what the records show.
Which of these apply, and whether more than one party bears responsibility, is a fact-specific determination under Delaware law that only an attorney reviewing your case’s records can make. This page describes categories of investigation, not a conclusion about who is responsible in your family’s situation.
What should a Wilmington family do first?
Preserve records and communications, write down the timeline while it’s fresh, avoid signing anything from an insurer before it’s reviewed, and ask a Delaware plaintiff-side attorney whether the facts may support a claim. In more detail:
- Preserve records. Keep death certificates, medical records, incident or police reports, and any correspondence from insurers, employers, or facilities.
- Identify witnesses and contacts. Write down names and phone numbers while memories are fresh — witnesses, treating providers, and anyone from an insurance company, employer, or facility who has already reached out.
- Note insurance, employer, and facility information. If a vehicle, a workplace, a hospital, or a nursing home was involved, gather what you know about the policies and parties connected to it.
- Be careful before signing anything or giving a statement. Insurers or other parties may ask a family to sign a release, give a recorded statement, or accept a payment early. Talk to a lawyer before you agree to any of these — once signed or said, it can be difficult or impossible to undo.
- Be careful what you say publicly. Avoid discussing the details of what happened on social media or with parties connected to the case before speaking with an attorney; public statements and speculation can be used in ways a family does not expect.
- Ask about deadlines. Delaware law sets time limits for filing a wrongful-death claim, and they can be strict. We will not guess at a date for you here; call so we can look at your specific facts.
What if there is also an investigation?
A police investigation, a state licensing review, or a criminal case can run alongside a civil wrongful-death claim, but they are not the same thing and do not follow the same timeline or standard of proof. An ongoing investigation does not need to finish before a family looks into its civil options, and it does not decide the outcome of a civil claim.
What happens when I call?
The first conversation covers what happened, who was involved, and what records exist — without promising an outcome. In more detail: you tell us what happened, in your own words and on your own timeline. We will ask questions to understand who was involved, what records exist, and whether a personal representative has been appointed. We will tell you honestly whether we think Murphy & Landon can help, and if we cannot, we will say so rather than take up more of your time. The first consultation is free, and you are not agreeing to anything by having that conversation. If we take your case, we do not charge an attorney fee unless we obtain a recovery for your family.
Related situations we handle
A death can arise out of more than one kind of case, and the right practice area shapes what evidence matters:
- Fatal car, truck, or motorcycle crashes
- Medical errors and hospital negligence
- Nursing-home and long-term-care neglect
- Other Delaware personal-injury situations
You can also read more about who can sue, who may be sued, and the types of damages a Delaware wrongful-death award may include on this wrongful-death overview.
Contact Murphy & Landon to request a free consultation, or call 302-472-8100. We’ll Tell You Straight.
Frequently asked questions
Does every death after an accident count as wrongful death?
No. A death alone does not answer the legal question. Whether a wrongful-death claim exists depends on facts like whether someone else's conduct caused the death, whether that conduct was legally actionable, and what losses the family has — all of which an attorney needs to review against Delaware law before anyone can say whether a case exists.
Who can file a wrongful-death claim in Delaware?
Generally, the deceased's personal representative files the claim on behalf of family members who depended on the person who died, such as a spouse, children, or parents. Whether that describes your family, and who should serve as personal representative, needs to be reviewed with an attorney against your specific facts.
Does our family need a personal representative before we call?
No. If one has not been appointed yet, that is something we can help you understand as a first step. You do not need to have this sorted out before reaching out.
How long do we have to file?
Delaware sets time limits for wrongful-death claims, and they can be strict. Because the applicable deadline depends on the facts of your case, we are not going to state a specific timeframe here—call us so we can tell you what applies to your situation.
What if there is a police or licensing investigation into the death?
An investigation can run at the same time as a civil claim, but it is a separate process with its own timeline. You do not need to wait for an investigation to conclude before talking with a lawyer about your family's options.
What does a wrongful-death lawyer do?
We review what happened, help identify who may be legally responsible, work with the personal representative through the claims process, gather evidence and records, communicate with insurers so your family does not have to, and evaluate whether a settlement or a lawsuit is the right path.
What does it cost to talk to Murphy & Landon?
The first consultation is free. If we take your case, we do not charge an attorney fee unless we obtain compensation for your family. We will explain any fee arrangement in writing before work begins.
What is the difference between a wrongful-death claim and a survival action?
In general terms, a wrongful-death claim addresses losses the surviving family experienced because of the death, such as lost financial support and companionship. A survival action addresses losses the deceased person experienced before death, such as pain and medical bills, and is pursued on behalf of the estate. Delaware has specific rules for how each works and whether one or both apply to your situation — an attorney needs to confirm the terminology and procedure against your facts.
Do I need a lawyer after a death caused by someone else's negligence?
Not every death leads to a case, and you are not required to hire anyone to find that out. Most families benefit from at least one free conversation with a Delaware plaintiff-side attorney before dealing with an insurer, so records are preserved, deadlines are identified, and nothing is signed away before it is reviewed.