The sudden loss of a loved one due to someone else’s negligence is devastating. In Delaware, the law provides a way for surviving family members to pursue justice through a wrongful death lawsuit. These claims are designed to offer financial support and hold the responsible party accountable for their actions. While no legal action can undo the loss, it can provide families with a sense of closure and stability during a painful time.

Who Can File a Wrongful Death Claim in Delaware?

Under Delaware law, the following people may file a wrongful death lawsuit:

• The spouse of the deceased
• Children, including adult children
• Parents of the deceased
• Siblings, if there are no surviving spouse, children, or parents

These individuals may file jointly or separately. If none of these relatives survive, the lawsuit may be filed by any person who can prove they were financially dependent on the deceased.

What Is Considered a Wrongful Death in Delaware?

A wrongful death occurs when someone dies due to the wrongful act, neglect, or default of another person or entity. Common examples include:

• Fatal motor vehicle accidents
• Medical malpractice
• Defective or dangerous products
• Construction or workplace accidents
• Criminal actions or assaults

If the deceased could have filed a personal injury claim had they survived, their survivors are typically allowed to pursue a wrongful death claim.

What Compensation Can Families Receive?

Delaware allows for various types of damages in wrongful death lawsuits, including:

• Medical expenses from the final injury
• Funeral and burial costs
• Loss of income and future financial support
• Loss of companionship, guidance, and emotional support
• Mental anguish experienced by survivors

These damages are meant to support the surviving family and compensate for both financial and emotional losses.

How Long Do I Have to File a Wrongful Death Lawsuit?

Delaware has a two-year statute of limitations for wrongful death lawsuits. This means you must file your claim within two years of the date of death.

If you miss this deadline, you may lose your right to recover compensation. Prompt action also allows your legal team to collect important evidence while it’s still available.

Wrongful Death After a Car Accident

If your loved one was killed in a car crash caused by another driver’s negligence, you may be able to bring a wrongful death claim. These cases may involve:

• Distracted driving
• Drunk or drugged driving
• Speeding or reckless driving
• Failure to yield or obey traffic laws

The at-fault driver may also face criminal charges, but your civil wrongful death case is a separate process and can proceed regardless of the criminal outcome.

Can I Sue for a Work-Related Death?

If your family member died in a workplace accident, you may be eligible for workers’ compensation death benefits. However, if a third party (not the employer) contributed to the fatal injury, you may also have a right to file a wrongful death lawsuit.

Examples of third-party claims include faulty equipment manufacturers or negligent contractors.

Frequently Asked Questions About Wrongful Death in Delaware

What if multiple family members want to file a claim?

Delaware allows multiple eligible family members to participate in a single wrongful death claim. In most cases, one representative will file on behalf of all parties, and any damages awarded will be distributed among them.

Are wrongful death settlements taxable?

In general, compensation for medical bills, funeral costs, and emotional suffering is not taxable. However, if any punitive damages are awarded, they may be subject to federal taxes.

What happens if the responsible party is a government entity?

Wrongful death claims against government agencies in Delaware follow different rules and may have shorter deadlines. You must act quickly and may be required to submit a special notice before filing suit.

Can I file a claim if the deceased had no will?

Yes. A wrongful death claim is separate from the estate’s probate process. The lawsuit can still proceed even if the deceased did not have a will, and eligible survivors may be entitled to damages.

Speak With a Wrongful Death Attorney in Delaware

If someone else’s careless or reckless actions led to the death of your loved one, you have legal options. A wrongful death attorney in Delaware can help you understand your rights, gather evidence, and build a strong case. Don’t wait to get the answers and support your family needs—help is just a phone call away.