WILMINGTON WRONGFUL DEATH ATTORNEY

Losing a loved one unexpectedly is devastating. When that loss is caused by another person or entity acting carelessly, recklessly, or wrongfully, state law may allow surviving family members to pursue accountability and compensation.

In general, a wrongful death occurs when someone dies as a result of another party’s negligence, misconduct, or wrongful act. These claims are governed by Delaware wrongful death laws.

A wrongful death lawsuit allows eligible surviving family members to seek compensation for both the financial impact of the loss and the loss of the relationship itself.

To establish a wrongful death claim in Wilmington, an attorney typically must show:

• The defendant owed a duty of care
• That duty was breached
• The breach directly caused the death
• The surviving family members suffered legally recognized damages

Who can file the claim and how compensation is distributed will depend on Delaware law.

Wrongful death claims can arise from many different types of preventable events. Every case is unique, but some types of fatal incidents tend to occur more frequently than others.

Common causes may include:

• Car accidents involving negligent or distracted drivers
• Pedestrian or bicycle collisions
• Commercial truck accidents
• Medical malpractice in hospitals or surgical settings
• Workplace and construction site accidents
• Drownings in residential or public pools
• Premises liability incidents at businesses or apartment complexes
• Defective or dangerous products
• Nursing home neglect or abuse
• Violent or criminal acts, leading to fatal injuries

Any of these situations may lead to a civil wrongful death claim, which is separate from any criminal proceedings that may also occur.

If you suspect a wrongful death, it’s important to take immediate action to protect your rights and build a strong case. Here are the key steps you should take:

Obtain a death certificate

The official death certificate will record the cause of death, which may be important to your case.

Gather evidence

Collect any medical records, accident reports, photographs, witness statements, or other relevant documentation that could support your claim. If the death happened in a workplace or medical setting, obtain any available records related to procedures, treatments, or potential safety violations.

Contact Morgan & Morgan

A wrongful death attorney can evaluate your case and guide you on the best course of action. They can also help determine liability and the compensation you may be entitled to.

Avoid speaking with insurance companies alone

Insurance companies may attempt to minimize your claim. Consult with your attorney before providing any statements.

Determine who can file a claim

Who can file a wrongful death lawsuit is determined by state law. In many cases, the claim is brought either by qualifying surviving family members or by the personal representative of the deceased person’s estate on behalf of those beneficiaries.

The individuals who may qualify, such as spouses, children, parents, or other dependents, are determined by the laws of the state where the case is filed.

Be aware of the statute of limitations

Each state has a specific deadline for filing a wrongful death claim. Delaware’s statute of limitations is strict, and missing this deadline could prevent you from pursuing legal action.

Consider the financial and emotional impact

Wrongful death claims may allow recovery for losses such as medical expenses, funeral and burial costs, lost financial support, and the loss of companionship, care, and guidance. An attorney can assist in assessing the full range of economic and non-economic damages that may be available under Delaware law.

Determining whether you have a valid wrongful death case depends on several key legal factors. Here’s what you should consider:

Was there negligence or misconduct?

To have a wrongful death case, you must prove that someone else's negligence, recklessness, or other actions caused the death. This can include:

• Car accidents caused by a reckless driver
• Medical malpractice due to a doctor’s error
• Unsafe workplace conditions leading to a fatal accident
• Criminal acts, such as assault or homicide

Did the death result from that negligence?

There must be a clear connection between the responsible party’s actions, or failure to act, and the death. For example, if a doctor failed to diagnose a treatable condition and the patient later died as a result, that may support a valid claim.

Do you have legal standing?

Only certain individuals are allowed to file a wrongful death lawsuit, and who qualifies depends on state law. In many cases, the claim is brought either by eligible surviving family members or by the personal representative of the deceased’s estate on behalf of those beneficiaries.

Those who may be eligible can include a surviving spouse, children, parents, or other financially dependent relatives, depending on the laws of the state.

Are there recoverable damages?

A valid wrongful death claim must involve legally recognized losses, which may include:

• Medical expenses incurred before death
• Funeral and burial costs
• Loss of financial support, including future earnings and benefits
• Loss of companionship, care, guidance, and support

The types of damages available depend on state law and the specific circumstances of the case.

Is it within the statute of limitations?

Each state has a deadline to file a wrongful death claim. If too much time has passed, you may lose the right to sue.

Under Delaware law, a wrongful death claim is typically brought by eligible surviving family members, rather than solely by the personal representative of the deceased person’s estate.

Those who may be eligible to recover damages generally include a surviving spouse, children, parents, or, in some cases, other relatives such as siblings who were financially dependent on the deceased, depending on the circumstances.

If no eligible family members bring the claim, a personal representative may be able to pursue the case on behalf of the estate and beneficiaries.

Delaware law sets strict deadlines for filing a wrongful death claim. In most cases, the clock begins running on the date of death, although certain factors may affect how that deadline is calculated. Different rules may apply in situations involving:

• Medical malpractice
• Claims against government entities
• Delayed discovery of the cause of death

Because these deadlines are strictly enforced, missing them can permanently bar recovery. Acting promptly can help protect your rights.

A wrongful death lawsuit and a criminal case can arise from the same incident, but they serve different purposes and follow different legal standards.

Purpose

• Wrongful death (civil case): Filed by the estate or eligible family members to seek financial compensation for losses such as medical expenses, funeral costs, and loss of financial support. The goal is compensation, not punishment.
• Criminal case: Brought by the government to address violations of criminal law. The goal is punishment, which may include jail time, fines, or probation.

Burden of Proof

• Civil case: Must be proven by a preponderance of the evidence, meaning it is more likely than not.
• Criminal case: Must be proven beyond a reasonable doubt, which is a much higher standard.

Who Files the Case

• Civil case: Filed by the estate or qualifying family members, depending on state law.
• Criminal case: Filed by a government prosecutor.

Possible Outcomes

• Civil case: May result in financial compensation for the family.
• Criminal case: May result in penalties such as imprisonment or fines.

Can both happen at the same time?

Yes. A wrongful death lawsuit can move forward independently of any criminal charges related to the same incident.

A wrongful death lawsuit and a survival action are both legal claims that may arise when someone dies because of another party’s negligence, but they serve different purposes.

A wrongful death claim seeks compensation for the losses suffered by surviving family members as a result of the death. These damages may include funeral and burial costs, loss of financial support, and loss of companionship or services, depending on state law. The focus is on the impact the death has on surviving beneficiaries.

A survival action, by contrast, is filed on behalf of the deceased person’s estate. It seeks to recover damages the individual could have claimed if they had survived, such as medical expenses, lost wages, and other losses incurred between the injury and death. Rather than compensating the family’s loss, it effectively carries forward the claim the deceased would have pursued themselves.

The key distinction is timing and purpose. Wrongful death claims address losses suffered by survivors after the death, while survival actions address losses the deceased experienced before passing. In some jurisdictions, both claims may be pursued together.

In a wrongful death case, compensation (also called damages) is intended to address legally recognized losses resulting from the death. The types of damages available depend on state law and the specific facts of the case. Damages may include:

Economic losses

• Medical expenses incurred before death
• Funeral and burial costs
• Loss of financial support, including future income and benefits
• Loss of household services

Non-economic losses (where permitted by law)

• Loss of companionship, care, or guidance
• Loss of consortium

In some cases involving especially reckless or intentional conduct, additional damages may be available under applicable state law.

Because wrongful death laws vary by state, an attorney can help identify what types of compensation may be available in your situation.

To establish liability in a wrongful death case, it must be shown that another party’s actions, or failure to act, caused the death. While each case is different, most claims focus on proving negligence, recklessness, or intentional misconduct.

Proving negligence

In many cases, the person bringing the claim (often the estate representative) must show that the defendant failed to act with reasonable care. This generally involves proving:

• Duty of care: The defendant had a legal responsibility to act safely (for example, a driver must follow traffic laws or a doctor must provide appropriate medical care).
• Breach of duty: The defendant failed to meet that responsibility.
• Causation: That failure directly led to the death.
• Damages: The death resulted in recognized losses, such as financial or emotional harm.

Reckless or intentional conduct

In some situations, liability may be based on more serious conduct, such as reckless behavior or intentional harm. Even in these cases, it must still be shown that the conduct directly caused the death.

Evidence used to prove liability

Building a case typically involves collecting and analyzing evidence, such as:

• Medical records
• Eyewitness statements
• Expert opinions (including medical or accident reconstruction experts)
• Police or incident reports
• Photographs or video footage

Defenses and shared fault

The defense may argue that the deceased was partially responsible for what happened. Depending on state law, this may reduce or limit the amount of compensation available. Strong evidence is often essential to counter these arguments.

Why legal guidance matters

Wrongful death cases can be complex and may involve multiple parties and significant damages. An experienced attorney can investigate the facts, preserve evidence, work with experts, and build a case aimed at establishing liability under the law.

In a wrongful death case, an expert witness helps clarify complex issues that may be outside the typical understanding of a jury. Their role is to provide specialized insight that supports the plaintiff’s claims or challenges the defendant’s position. Expert witnesses are often professionals in fields relevant to the case, such as medicine, accident reconstruction, or economics.

For example, a medical expert may explain the cause of death, the extent of the injuries, and how the defendant’s actions contributed to the outcome. An accident reconstruction expert may analyze the evidence to show how the incident occurred and whether the defendant’s conduct played a role. By offering informed opinions, expert witnesses help the jury better understand complicated details and reach more informed conclusions.

Yes, insurance can play a significant role in wrongful death claims. In many cases, the defendant (the person or entity responsible for the death) may have insurance coverage that could help compensate the surviving family members for their loss.

Here’s how insurance may be involved:

• Defendant's insurance coverage: If the defendant is insured (for example, in a car accident or workplace accident), their insurance policy may cover damages awarded in a wrongful death case. The insurance company usually manages the defense and may propose a settlement to avoid a trial. This can allow surviving family members to obtain financial compensation more efficiently.
• Life insurance: If the deceased had a life insurance policy, the named beneficiaries, such as a spouse, children, or other dependents, may be able to receive death benefits. This is separate from a wrongful death claim but can offer additional financial support.
• Employer’s insurance: If the wrongful death occurred due to a work-related accident, the employer’s workers' compensation insurance may cover certain expenses, though it typically does not cover non-economic damages like pain and suffering. In some cases, a third-party lawsuit can be filed if another party’s negligence (outside of the employer) contributed to the death.
• Settlements: Often, insurance companies prefer to settle cases before going to trial to avoid the cost and risk of a lengthy legal battle. In wrongful death cases, insurance companies may offer a settlement to the family to compensate for medical bills, funeral expenses, and lost income.

Insurance often plays a central role in covering compensation in wrongful death claims, whether through the defendant’s liability insurance, life insurance, or workers’ compensation benefits. However, coverage may not extend to all types of damages, and the amount available will depend on the specific circumstances of the case.

It’s also important to recognize that insurance companies often defend these claims aggressively, and having legal representation can help ensure your interests are properly protected.

While you are not legally required to hire a lawyer for a wrongful death claim, doing so is strongly recommended. These cases can be complex and often involve detailed legal procedures, evidence gathering, and negotiations with insurance companies or opposing parties. Having experienced representation can help you pursue fair compensation and navigate the process more effectively.

Delaware’s wrongful death laws include specific requirements regarding who can file a claim, what damages may be available, and the time limits for taking legal action. An attorney can help ensure your claim meets these legal standards.

Proving that negligence or intentional conduct caused the death also requires strong evidence, such as accident reports, medical records, expert testimony, and witness statements. An experienced legal team can assist in collecting and presenting this evidence.

Insurance companies may try to minimize payouts by offering low settlements or disputing liability. A lawyer can handle negotiations and advocate on your behalf throughout the process.

If a settlement cannot be reached, the case may move forward to trial, which involves formal filings, presenting evidence, and arguing the case in court. Having an experienced attorney can be important in managing these steps and representing your interests.

Morgan & Morgan’s lawyers work on a contingency fee basis, meaning that there are no upfront fees or expenses until your case comes to a successful conclusion. That’s right—the Fee Is Free™, and you only pay if we win.

Our fee is a percentage of the settlement or verdict amount, ensuring we are motivated to achieve the best possible outcome for you.

We love talking to our clients. You will primarily communicate with your Case Manager via telephone and email, and if you would like to speak directly with your attorney via telephone, we will make that happen by scheduling a call.

When you hire Morgan & Morgan, you don’t just hire a lawyer; you hire the largest personal injury law firm in the country with an army of over 1,000 lawyers and offices in all 50 states and Washington, D.C.

Your case will be handled by a dedicated team of professionals, including personal injury lawyers, paralegals, and support staff. You will be assigned a care team that includes a primary attorney who will oversee your case and ensure you receive personalized attention throughout the process.

At Morgan & Morgan, experienced attorneys have represented many clients in similar situations, helping recover millions in compensation. As the largest personal injury law firm in the country, with offices nationwide, the firm has the resources, knowledge, and commitment to pursue your rights.

We work on a contingency fee basis, meaning you won’t have to pay unless we win your case. Morgan & Morgan believes justice should be accessible to all, so our motto is the Fee Is Free™—you only pay if we win.

We’re deeply rooted in Delaware and understand the local courts, judges, and insurance practices. Our firm has recovered $30 billion for families nationwide and has the resources to take on large corporations, hospitals, and insurers.

Don’t bear the burden of your injuries on your own because of someone else’s negligence. If your family has lost someone due to negligence, contact Morgan & Morgan's Wilmington team today for a free case evaluation to learn more about your legal options.