The death of a loved one is a tragic event that leaves family members with overwhelming grief and loss. When these events happen through the course of another person’s misconduct, it creates the potential for a wrongful death claim. A Milford wrongful death lawyer can help you and your family understand their rights to compensation under these claims in Delaware and take legal action against those at fault for the death in your family. Contact Doroshow, Pasquale, Krawitz, & Bhaya to work with a caring personal injury attorney.
What Is a Wrongful Death Lawsuit?
Delaware Code Section 3722 allows a civil claim for liability in cases where a person’s death is the result of another person’s negligence or wrongful act. A wrongful death lawsuit can arise in many different cases, including but not limited to:
- Car, truck, and motorcycle collisions
- Pedestrian and bicycle wrecks
- Slip and fall incidents and other premises liability actions
- Defective products and dangerous drugs
- Medical malpractice
Only certain family members can file wrongful death lawsuits to obtain compensation. Working with a Milford wrongful death attorney is the best way to determine whether a specific situation and person qualifies to bring a claim.
Who Can File a Wrongful Death Claim in Delaware?
While some damages are only available to certain family members, Delaware allows a broad pool of relatives to make claims under a wrongful death lawsuit. In addition to a surviving spouse or child, the parents and siblings of a deceased person can be beneficiaries in a wrongful death case. In cases where none of these family members exist, Delaware allows others related to the deceased by blood or marriage to pursue claims. The law directs the jury or court to divide the awarded damages among the beneficiaries in its verdict.
Types of Compensation Available in a Wrongful Death Case
Delaware allows compensation for several types of damages listed under Code Section 3724(d). Beneficiaries in a wrongful death case can claim damages for the deprivation of financial benefits they would have received from the deceased family member. These are the lost wages that would have been earned throughout the person’s lifetime based on their occupation and career. Other economic damages available in wrongful death claims include losses of parental and marital household services, such as the cost of care for young children, and funeral expenses up to $7,000.
A surviving spouse or child can also claim losses associated with their mental anguish over the wrongful death. Punitive damages are the final type of award that beneficiaries can receive in a wrongful death lawsuit. However, these damages only apply in cases where the cause of death was a person’s malicious, reckless, willful, or wanton misconduct. While no amount of money can replace what was lost in these situations, a wrongful death lawyer in Milford can help someone determine how much their claim is worth to help offset the cost of expenses and lessen any unnecessary financial strain in an already difficult time.
Meet With a Milford Wrongful Death Attorney
The pursuit of a wrongful death lawsuit can feel burdensome while coping with the grief of losing a loved one. Unfortunately, Delaware has a strict two-year statute of limitations for filing claims of wrongful death under Code Section 8107. This means family members with a possible right to compensation must act quickly to preserve their claims.
Our Milford wrongful death lawyers can manage these claims for you, allowing you to focus on your family. We can investigate the events and circumstances leading to the death of your loved one and locate any parties with liability. With this information, we can file a lawsuit on your behalf and represent your interests in related court proceedings or settlement negotiations. Call to schedule a consultation today.