Who is Eligible to File a Wrongful Death Claim in Delaware?

The loss of a close loved one may be one of the most painful things you ever experience—especially if their death could have been prevented. When someone’s negligence leads to another’s death, surviving family members are left with questions, medical bills, funeral costs, and confusion about what comes next.

Many people are familiar with wrongful death claims, but because these claims vary from state to state, it can be hard to know what your next steps are. Learn more about who can file a wrongful death claim in Delaware, and when you’re ready to get more personalized guidance, call Silverman, McDonald & Friedman today.

Delaware’s wrongful death law

A wrongful death claim in Delaware is a civil action brought against the party responsible for a person’s death. It’s only an option when a person’s death is the direct cause of another person’s wrongful act or negligence. It is very similar to a personal injury lawsuit, but since the victim has passed, their surviving family members can seek compensation on their behalf.

Wrongful death claims aim to compensate surviving family members for the loss of their loved one. Losing a family member comes with significant financial fallout, including medical expenses, burial expenses, the loss of an income, and the need for outside support in the home. Of course, the loss of a loved one goes beyond finances. A fair wrongful death settlement should also compensate surviving family members for the emotional pain they suffer, the emotional support their loved one can no longer provide, and their loss of companionship.

In some cases, if the decedent suffered before death, their estate may pursue a survival action to recover for pain and suffering and accrued medical bills; while the wrongful death claim addresses survivors’ losses.

Who has the right to file a wrongful death claim?

The potential beneficiaries pursuant to § 3724 of the Delaware Code include “the spouse, parent, child and siblings of the deceased person.” However, the law also recognizes that, in some cases, no one may qualify as one of those relations. In that event, the claim can be filed for the benefit of “any person related to the deceased person by blood or marriage.”

Damages that may be recovered

Delaware allows for the award of damages to beneficiaries in proportion to the harm or loss they personally suffered because of the death. The verdict will divide the award between the eligible beneficiaries using a fact-based determination. The court or jury needs to weigh the facts and circumstances to determine a fair division that will compensate the parties for the injuries they suffer as a result of the death. The categories that the damages may fall into include:

• The loss of expected financial benefits: This means that families may recover the value of income or financial support that the deceased would likely have provided.
• Loss of contributions for support: This includes any monetary help or maintenance the beneficiaries could have reasonably expected to receive.
• Loss of parental, marital, and household services: This includes the reasonable cost of caring for minor children.
• Funeral expenses: The law currently allows for the recovery of up to $7,000, although there may be periodic statutory updates related to the specific amount.
• Mental anguish: This category addresses the immense emotional distress the death caused and allows for damages to be recovered only by specific family members in the following order: the surviving spouse and children, persons to whom the deceased stood in loco parentis (if no spouse or children); parents or persons standing in loco parentis to the deceased (if no spouse, children, or prior category); siblings (if none of the above survive).

Punitive damages might be available in rare cases, but only if the cause of the death involved malicious intent or reckless, willful, or wanton misconduct. The court will award these separately and must itemize them apart from compensatory damages.

The state also has a single action rule, which means that any and all claimants must file just one wrongful death action for any decedent, regardless of the number of existing beneficiaries.

Statute of limitations

Generally, the statute of limitations for a wrongful death claim in Delaware is two years, with the action for wrongful death generally needing to be commenced within two years from the date the cause of action accrues (10 Del. C. § 8107), (typically the decedent’s date of death). Working with a wrongful death lawyer can help you avoid missing important deadlines.

Note that there are exceptions to these cases. For example, potential claimants should know that certain municipal entities may impose additional restrictions such as earlier notice requirements. Similarly, claims involving children or those who are incapacitated have different rules and timelines. Your best move is to discuss your claim with an attorney as soon as possible.

Get the support you need with Silverman, McDonald & Friedman

The team at Silverman, McDonald & Friedman is sorry for your painful loss. While compensation does not take away the loss you’re going through, it may provide closure and give you the support needed to move forward. To discuss your case in greater detail and explore your next steps, call us today or contact us online now.