Delaware Wrongful Death Lawyers
Skilled counsel on wrongful death and survival actions in Seaford, Wilmington, Newark and throughout Delaware
It is painful enough when you lose a precious loved one, but when they have been killed senselessly in an accident caused by negligence, it can cause additional heartache and frustration and make you determined to get justice on their behalf. The compassionate Delaware wrongful death lawyers at Silverman, McDonald & Friedman understand your grief and your desire to hold those responsible accountable for your losses. We take on the legal battle and we fight for your right to compensation. If you have lost a loved one, we want to help you obtain what you need so you can focus on your family.
Who can file a wrongful death lawsuit in Delaware?
Wrongful death claims in Delaware are governed by state law: Delaware Code Title 10, Chapter 37, to be exact. The law allows for immediate family members to recover damages when they have lost a loved one due to the negligent, wrongful actions of another that directly caused the person’s death. In order to file a wrongful death lawsuit in Delaware, you must be the victim’s:
- Parent, though it is important to note that in cases where two parents were not married, the courts will assume maternity. Thus, an unwed father, in order to make a claim of wrongful death, must
- Be judicially determined to be the father; or
- Prior to the death of the child:
- Have acknowledged himself, in writing, to be the father; or
- Have openly and notoriously recognized the person to be his child; or
- Have subsequently married the mother and has acknowledged himself, orally or in writing, to be the father.
The law also states that “If there are no persons who qualify under subsection (a) of this section, an action shall be for the benefit of any person related to the deceased person by blood or marriage.” For example, let us say that your sister Jane married John, and then Jane died. If John dies in an accident that was caused by another person’s negligence, you may be able to file a wrongful death claim.
Only one wrongful death action may be filed. For example, if a spouse files the lawsuit, the other immediate relatives will not be able to file a claim to recover compensation. There is a statute of limitations in Delaware of two years from the date of death to file a wrongful death claim.
Common causes of wrongful death claims in Delaware
Silverman, McDonald & Friedman handles all manner of wrongful death actions for the families of the victims. In our decades of experience, we have found that these types of fatal accidents rise to wrongful death actions the most often:
What kinds of damages are available in a wrongful death claim?
When someone has been killed in an accident, they most likely incurred some medical expenses, and then there are the cost of the funeral and several, miscellaneous final expenses, which surviving family members will be obligated to pay. If the deceased was a primary income earner for the household, their passing creates a significant financial burden on the family. While no amount of money will eliminate the pain, sadness, and emptiness the family feels at the loss of their loved one, the financial compensation will help keep them from falling into ruin. Relatives of the deceased can file a wrongful death claim and recover the following kinds of damages:
- Medical costs
- Funeral and burial costs
- Lost wages and benefits
- Loss of companionship for a spouse
- Loss of parental and household services
- Pain and suffering
The monetary damages will be distributed among the beneficiaries of the deceased.
Choosing the right Delaware attorney to handle a wrongful death action
Of the many complex cases we take on here at Silverman, McDonald & Friedman, wrongful death suits are among the most challenging – emotionally as well as legally. We have the skills and the resources to handle the claim successfully, but we also know that tensions and emotions run high in these cases. Most of the families who come to us are just beginning to process their grief, which means feelings other than profound sadness – anger, anxiety, confusion, and crippling shock – can pit people against each other at the very moment when they need one another’s strength to move on.
When you choose us, you don’t work with only a Delaware wrongful death lawyer: you work with a team of people who do whatever is in their power to make you feel safe and secure. We make sure that you have the answers you need, when you need them, and someone is always available to answer those questions – even the ones you forget to ask while you’re in our office. Your feelings, your reactions and your needs are respected at all times. We are your shoulder to cry on and your rock to lean on, and your advocates when you need us most.
The sympathetic wrongful death legal team at Silverman, McDonald & Friedman understands what a challenge it can be to deal with the unexpected passing of a loved one in a tragic accident. We are dedicated to obtaining the most compensation possible for the surviving loved ones. We are here to discuss your legal options and advise you on the best course of action for filing a wrongful death lawsuit.
Allow our team of skilled Delaware wrongful death lawyers take on the legal burden for you
Silverman McDonald & Friedman’s team is compassionate and discreet when working with bereaved relatives of lost loved ones. We will ensure you receive the financial compensation you are entitled to under the law for your losses. You are welcome to call us at 302-888-2900 or fill out our quick contact form to schedule a consultation today at one of our offices in Seaford, Wilmington and Newark. Let a trusted and experienced Delaware wrongful death lawyer from our firm help guide you through the process, so that you can focus on the future.