Losing a family member is an emotionally difficult time, particularly if their death was the result of someone else’s negligence. Knowing that a qualified personal injury attorney is on your side makes it possible to hold the responsible party accountable and help you find a way to overcome this devastating tragedy.
According to the State of Delaware, the surviving family of the victim has the right to seek compensatory damages by filing a wrongful death lawsuit. An experienced Middletown wrongful death lawyer has the resources to help you understand your rights, initiate legal proceedings, and seek the justice you deserve for your lost loved one.
The Requirements for Filing a Wrongful Death Claim
According to Delaware Code Title 10 § 3724, the following people may file a wrongful death claim on behalf of a deceased person:
- Parents
- Siblings
- Spouses
- Children
If none of these parties are available, any person who paid for the funeral costs or was financially dependent on the decedent may then initiate an action for sustained losses. Further, Delaware Code Title 10 § 8107 states that any of these surviving family members must file a wrongful death claim within two years of the date of death. It is essential to file the necessary paperwork within this time frame to preserve your family’s right to seek compensation.
In personal injury lawsuits, a plaintiff and their attorney must prove the responsible party (the defendant) violated a duty of care. The process is the same in a wrongful death case, where your Middletown lawyer must prove the defendant violated the duty of care the decedent rightfully deserved. Our team can help you demonstrate how this breach and the negligent actions of those at fault led to your loved one’s untimely death.
Potential Damages in a Wrongful Death Claim
If the death of your loved one was the result of a wrongful act, damages may be awarded to your family as beneficiaries to compensate you for the losses you have suffered. Recoverable damages may include:
- Loss of spousal or child support
- Reimbursement of funeral expenses
- Damages related to ongoing mental anguish
- Loss of childcare assistance and/or household services
- Loss of steady income the decedent would have provided
It is also possible for family members to file a survival action against the defendant for damages the deceased may have pursued in a personal injury lawsuit before their untimely death. An experienced wrongful death attorney in Middletown has the knowledge to determine if a separate claim of this kind is substantiated.
Discuss Your Wrongful Death Claim with an Experienced Middletown Attorney
If your loved one recently lost their life in a preventable incident, it is crucial to contact an experienced Middletown wrongful death lawyer for professional guidance in starting a legal action against the responsible party. The compassionate team at The Law Offices of Doroshow, Pasquale, Krawitz, & Bhaya has the necessary expertise to seek justice on your behalf, handling the case from start to finish to ensure your rights are protected.
For over 45 years, we have helped families recover fair compensation and gain financial security for future losses resulting from the untimely death of their loved one. Together, we can develop a strategy for moving forward during this highly emotional time and help you find a sense of accountability. Contact us today to schedule a confidential consultation and discuss your legal options.