Millsboro Wrongful Death Lawyers
When a family member dies due to another party’s negligent or intentional behavior, the emotional and financial consequences can last for years. Those left behind may face funeral costs, medical bills, and the loss of companionship and income. While no legal action can bring someone back, pursuing a wrongful death claim may provide financial support and a measure of accountability.
Delaware law allows certain surviving family members to bring wrongful death action in civil court, and these cases require careful attention to legal procedures and deadlines. The Millsboro wrongful death lawyers at Jacobs & Crumplar, P.A. assist families who are pursuing these types of claims, working to hold the responsible parties legally liable under the law.
What Is Considered a Wrongful Death in Delaware?
A wrongful death occurs when someone dies as a result of another party’s negligent, reckless, or intentional conduct. In Delaware, wrongful death claims are governed by Title 10, Section 3721 of the Delaware Code. The cause of death may be associated with car crashes, medical errors, workplace accidents, defective products, or unsafe property conditions.
The legal basis for a wrongful death lawsuit is similar to a personal injury case. The key distinction is that the injured party is no longer alive to pursue legal action, so the law permits certain relatives to file a claim on their behalf. A wrongful death lawsuit can proceed regardless of whether criminal charges have been filed in connection with the fatal event.
Who Can File a Wrongful Death Claim in Millsboro?
Delaware law limits who can bring a wrongful death lawsuit; eligible parties include the spouse, children, parents, or siblings of the deceased. If none of these individuals are living, a person related by blood or marriage who was financially dependent on the deceased may have standing.
Each potential claimant has the right to be included in a single legal action. Delaware courts do not allow multiple, separate wrongful death lawsuits to be filed for the same death. Typically, one family member will act as the plaintiff, but any compensation awarded will be divided among all eligible parties.
What Types of Compensation Are Available?
Our Millsboro wrongful death lawyers help clients pursue monetary damages designed to compensate family members for the losses they have experienced. Compensation may include funeral and burial expenses, medical costs related to the final illness or injury, lost income or financial support, and loss of household services. Family members may also recover for emotional pain and loss of companionship.
Unlike some states, Delaware law does not impose a cap on wrongful death damages. However, the court may evaluate the reasonableness of specific amounts and the relationship between the deceased and each claimant. The availability and value of damages depend on the facts of the case, including the deceased’s age, earning capacity, and life expectancy.
How Long Do I Have to File a Wrongful Death Lawsuit?
Wrongful death claims in Delaware must be filed within two years of the date of death. This time limit is known as the “statute of limitations.” If a claim is not filed within this period, the court may dismiss the case, and the family may lose the right to seek compensation.
There are limited exceptions to this deadline, though. For example, if the death resulted from exposure to toxic substances, the date of discovery may affect the timing. It is important for families to act without delay in order to preserve their legal rights.
Can a Wrongful Death Case Proceed if Criminal Charges Are Filed?
Yes, a wrongful death lawsuit is a civil action and is separate from any criminal proceedings. The outcome of one does not necessarily determine the outcome of the other. A person may be found not guilty in criminal court but still be held liable in civil court. The standards of proof differ; criminal cases require proof beyond a reasonable doubt, while civil cases require a preponderance of the evidence.
In cases involving DUI, assault, or other criminal behavior, both types of proceedings may occur simultaneously or in succession. The civil process allows families to pursue financial accountability even when criminal penalties are not imposed.
Is a Wrongful Death Claim the Same as a Survival Action?
No, they are separate legal actions, though they are often filed together. A wrongful death claim seeks damages for the losses experienced by surviving family members. In contrast, a survival action pursues compensation for the suffering or expenses incurred by the deceased prior to death.
A survival action may include damages such as pain and suffering, lost wages, or medical costs that arose between the time of injury and the time of death. The personal representative of the estate files the survival action, and any damages recovered become part of the estate. These are then distributed according to the deceased’s will or under Delaware intestacy laws.
Do All Wrongful Death Cases Go to Trial?
Most wrongful death lawsuits are resolved through settlement before reaching trial. Settlement negotiations may begin once the parties have exchanged evidence and identified key legal issues. A settlement may provide families with compensation more quickly than a trial. However, not every case settles, and some proceed through litigation when disputes arise over liability or the amount of damages.
If a trial takes place, both sides will present evidence and question witnesses; a judge or jury will make the decision. Whether a case settles or proceeds to trial depends on the willingness of the parties to reach an agreement and the strength of the evidence presented.
Experienced Millsboro Wrongful Death Lawyers at Jacobs & Crumplar, P.A. Can Evaluate Your Legal Options Under Delaware Law
If you have lost a loved one due to another party’s negligent or wrongful conduct, you may have the right to bring a legal claim. Our Millsboro wrongful death lawyers at Jacobs & Crumplar, P.A. represent families who are pursuing justice through the civil court system. We can evaluate your case and clarify your options. For an initial consultation, contact us online or call our New Castle and Millsboro, Delaware offices at 302-656-5445. We proudly serve clients in New Castle County, Kent County, and Sussex County.