Wilmington Wrongful Death Attorneys

Prepared by Murphy & Landon editorial team on August 23, 2026. 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.

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.

Practical first steps

• 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. 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 release any claim — once signed, a release can be difficult or impossible to undo.
• 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 the first call involves

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

You can also read more on who can sue for wrongful death in Delaware, who may be sued, and the types of damages a Delaware wrongful-death award may include.

Contact Murphy & Landon to request a free consultation, or call 302-472-8100. We’ll Tell You Straight.

Frequently asked questions

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.