We are Wrongful Death Attorneys who provide legal representation in Delaware, Maryland, New Jersey & Pennsylvania.
The purpose of the Delaware Wrongful Death Act is to permit the recovery of damages for the loss of a family member. The statute is a tool in our arsenal. It is a tool that we use to hold people and companies accountable for acting carelessly, recklessly, intentionally and causing death. Delaware’s wrongful death statute is found in the Delaware Code at Title 10, Chapter 37.
A lawsuit for wrongful death may be brought by the spouse, parent, child and siblings of the deceased person.
The purpose of the statute is to fairly compensate the family for their loss resulting from the death. In determining the amount of the award the court or jury may consider loss of financial benefit, loss of contributions for support, loss of parental, marital or household services, reasonable funeral expenses, and mental anguish of the spouse and children of the deceased (and others under certain circumstances).
There can only be one wrongful death lawsuit. If one family member files a suit, all others must participate or they will lose their ability to recover.
Suit must be filed within two years under Delaware’s statute of limitations.
We have successfully represented clients in Delaware wrongful death cases involving the loss of a parent and the loss of a child.