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Wrongful Death Laws in Delaware

  • When you are considering holding the person who caused your loved one’s death accountable for his or her negligent actions through a wrongful death lawsuit, there are many laws that you’ll need to be aware of in preparation for what’s to come.

    Continue reading to learn more about how these laws will affect your Delaware wrongful death case.


    How Long Do You Have to File Your Claim?

    Every state has a statute of limitations for the amount of time you’ll have to file any type of civil lawsuit. If you are interested in pursuing a wrongful death claim in Delaware, you’ll have two years from the date of the death of your family member to file your suit.

    If you fail to file before the statute of limitations runs out, you will more than likely be barred from seeking compensation from the at-fault party.


    What Damages Can Be Included in Your Wrongful Death Lawsuit?

    There are very specific losses that can be included in your wrongful death claim in Delaware. Some damages commonly sought in Delaware wrongful death claims include the following:

    • Funeral and burial costs
    • Loss of companionship and love
    • Lost wages
    • The loss of assistance raising children
    • Mental anguish
    • The loss of alimony or child support
    • Loss of household services

    No matter who initially filed the claim, these damages will be dispersed among the decedent’s surviving beneficiaries, most often including the spouse and dependent children. You can discuss the types of losses that should be included in your lawsuit with your attorney.


    Contact a Delaware Wrongful Death Lawyer

    Get in touch with an experienced Delaware wrongful death lawyer at Barros, McNamara, Malkiewicz & Taylor for more information about the wrongful death claim process. You can schedule your free claim evaluation today by visiting our website or giving our office a call at 302-734-8400.