Losing somebody you love is always hard. If their death was caused by someone’s negligence, this grief may also be accompanied by anger and immense stress. These tragedies leave many families wondering what to do next to hold the other party accountable for their actions.
Surviving family members following an avoidable death may seek compensation from the responsible parties. A Smyrna wrongful death lawyer can help you through the process of filing a lawsuit. If you have experienced a serious loss at the hands of another party’s negligence, the personal injury attorneys at Doroshow, Pasquale, Krawitz & Bhaya can assist. These claims can be complicated, so having knowledgeable, compassionate legal counsel is always beneficial.
What Is a Wrongful Death Claim?
A wrongful death claim is made by family members of an individual who has died as a result of negligence. Delaware Code Title 10 allows this civil action as recourse against those who are negligent or who otherwise caused the death of another person. These cases are available to recover the costs of medical bills in addition to funeral expenses, lost income, and loss of companionship.
Wrongful death claims are not unlike other personal injury claims. To have a successful claim, you and a Smyrna lawyer must demonstrate that the accused had a duty of care to the deceased individual that they violated, resulting in the fatal injury. This could be a driver who caused a car crash or a business that neglected a tripping hazard. Proving fault requires strong evidence, which may include photos, medical bills, and the existence of your relationship to your loved one.
Who Is Eligible for a Wrongful Death Claim?
To pursue a wrongful death claim, the plaintiff must be a surviving spouse, parent, child, or sibling. In some cases, other individuals who relied on the deceased person for financial support may pursue litigation. Those who paid for funeral costs may be eligible to recover those expenses as well.
One thing you should keep in mind is that there is a statute of limitations for wrongful death claims in Delaware. You must file a lawsuit within two years of your loved one’s date of death. If you are considering filing a wrongful death lawsuit, you should seek support from a Smyrna attorney as soon as possible.
What Damages Are Available in Wrongful Death Cases?
Wrongful death claims are intended to help individuals cover financial damages that result from a tragic death. In these cases, families may recover compensation for losses that include:
- Child support
- Spousal support
- Funeral expenses
- Employment income
In some cases, a judge may also award damages for mental anguish. Additionally, families could pursue a survival action case, which can result in compensation for unpaid medical bills and other damages the deceased could have pursued through a personal injury claim had they survived. Our Smyrna attorneys can help you navigate the different kinds of claims associated with preventable death and guide you to the options that best support you during this difficult time.
Get Legal Support From a Smyrna Attorney for a Wrongful Death Claim Today
If you have recently lost a loved one due to the negligence of another, you may have some legal options to consider. A helpful Smyrna wrongful death lawyer can provide the support you need to manage your case.
You are already dealing with immense grief, and you do not have to fight in the courtroom on your own. The last thing you want to do is worry about your financial future when you are dealing with a loss. Doroshow, Pasquale, Krawitz & Bhaya can help you through the next difficult steps. Call our team today to schedule a consultation and learn more about your legal options.