The loss of a loved one is particularly tragic when another person is responsible. However, the law allows your family to seek compensation when someone who owed a duty of care to your loved one fails to protect them and causes them harm, which is the basis of negligence.
The personal injury attorneys at Doroshow, Pasquale, Krawitz, & Bhaya will support you, keep you informed, and answer your questions at every stage of your case. Our goal is to help you and your family navigate this challenging time. Call a Millsboro wrongful death lawyer now for more information.
What Is a Wrongful Death Action?
Wrongful death claims allow courts to award damages based on whether the deceased person could have won a personal injury lawsuit against the negligent defendant but died before filing a claim. Wrongful death proceeds compensate the surviving family members for their financial losses, including funeral expenses and final medical and hospital bills their loved one incurred, as outlined in Delaware Code Title 10 § 3721-3725. Families can also receive fair and equitable economic damages, such as:
- Wages the deceased contributed to the family
- Parental guidance for young children
- Home management, including childcare, cooking, and cleaning
In determining what are fair and equitable economic damages, the court considers the dependents’ ages, health, expenses, and financial stability, as well as whether any other means of support are available. Courts distribute proceeds from a wrongful death claim directly to beneficiaries, as stipulated by the verdict, according to Del. C. Title 10 § 3724. Our Millsboro attorneys experienced in wrongful death cases can assess your situation and advocate for your family.
Survival Actions
Survival actions differ from wrongful death actions because they compensate for the suffering and losses the deceased person endured and could have collected on due to someone else’s negligence if they had survived. These recoverable damages include:
- Lost income
- End-of-life medical treatment
- Hospitalization after the incident and before death
- Pain and suffering
- Reduced quality of life
- Emotional trauma from the sustained injuries until death
These damages aim to provide justice and accountability for the harm your loved one endured.
Our attorneys offer compassionate guidance while your family processes the grief that accompanies losing a loved one. If the court has appointed you as a personal representative and you would like to learn more about wrongful death claims, please contact a skilled Millsboro lawyer at Doroshow, Pasquale, Krawitz, & Bhaya for guidance.
Statute of Limitations for Wrongful Death
Civil lawsuits are subject to time limits. In Delaware, you must file wrongful death actions within two years of your loved one’s death. However, the court can extend that time limit under the discovery rule. This means the two-year period begins when you learn your loved one’s cause of death and who was responsible. For example, this can happen if a facility, such as a nursing home, covers up the actions that lead to their death. Our Millsboro-based lawyers specializing in negligent death cases can ensure that you meet all court deadlines.
Contact a Millsboro Fatal Injury Attorney for Legal Assistance
No words or money can truly compensate for your loss, but certain actions can help stabilize your family’s finances. Our team will fight for the compensation you deserve after the loss of a loved one. We pursue justice by holding negligent parties responsible and securing what is fair for your family.
You are more than a case number to the attorneys at Doroshow, Pasquale, Krawitz, & Bhaya—you are our neighbor, and we care about your concerns. Contact a Millsboro wrongful death lawyer from our firm to learn about the services we can provide for your family.