Dover Wrongful Death Lawyers
Losing a loved one due to another’s negligence is a profoundly distressing experience. Families dealing with these losses face uncertainty, emotional turmoil, and financial uncertainty. During these challenging times, understanding the legal avenues available becomes imperative for addressing the injustices suffered.
Our Dover wrongful death lawyers at Jacobs & Crumplar, P.A. provide legal assistance to families pursuing wrongful death claims. With a commitment to compassionate representation, our team guides clients through the legal process, aiming to achieve outcomes that reflect the gravity of their loss. During a confidential consultation, we can listen to your concerns and explain your potential legal options, as well as answer any questions you may have.
What Constitutes a Wrongful Death Claim in Delaware?
A wrongful death claim arises when an individual’s demise results from the legal fault of another party, from actions like negligence, recklessness, or intentional misconduct. Here are a few examples:
- Automobile Accidents: Collisions involving cars, trucks, motorcycles, or pedestrians can lead to fatal injuries and financial burdens.
- Medical Malpractice: When healthcare providers fail to meet the accepted standard of care, patients may suffer harm due to misdiagnosis, surgical errors, medication mistakes, or other forms of negligence.
- Defective Products: Faulty consumer goods, medical devices, or industrial equipment can cause injuries if they contain design flaws, manufacturing defects, or inadequate warnings.
- Slip and Fall Accidents: Unsafe property conditions, such as wet floors, poor lighting, or uneven surfaces, can lead to serious falls and wrongful death claims against negligent property owners.
The objective of these claims is to provide financial relief to the deceased’s beneficiaries for losses such as lost income, funeral expenses, and emotional suffering.
Who Is Eligible to File a Wrongful Death Lawsuit in Delaware?
Delaware law specifies that certain family members of the deceased have the standing to initiate a wrongful death lawsuit. Eligible parties typically include the spouse, children, parents, or siblings of the deceased. The court distributes any awarded damages among these beneficiaries in proportion to the losses they have individually experienced due to the untimely death. Courts consider the relationship between the deceased and each claimant when determining appropriate distributions. In some cases, extended family members may be eligible if they can demonstrate a direct financial or emotional dependence.
What Types of Damages Can Be Recovered in a Wrongful Death Case?
In a wrongful death lawsuit, our Dover wrongful death lawyers pursue various forms of damages to compensate for both ‘economic’ and ‘non-economic’ losses.
- Economic damages cover tangible financial losses, such as funeral and burial expenses, medical bills incurred prior to death, and the loss of the deceased’s expected earnings.
- Non-economic damages address more subjective losses, including mental anguish, loss of companionship, and loss of consortium.
- Punitive damages may be awarded in cases involving egregious misconduct or gross negligence, serving as a deterrent to prevent similar behavior in the future.
- Loss of benefits includes the value of lost retirement savings, health insurance, and other employment-related benefits that the deceased would have provided to their dependents.
How Long Do Families Have to File a Wrongful Death Claim in Delaware?
Delaware imposes a statute of limitations on wrongful death claims, requiring that such lawsuits be filed within two years from the date of the individual’s death. Failing to initiate legal action within this timeframe may result in the forfeiture of the right to seek compensation. Prompt consultation with a legal professional is advisable to ensure compliance with this deadline and to allow for thorough case preparation.
How Can I Determine What My Wrongful Death Case Is Worth?
Delaware has no caps on the amount of damages that can be awarded in wrongful death suits, but there are no guarantees. If yours is successful, you might be entitled to reasonable funeral and burial expenses – the average is up to $7,000. If you were divorced, the damages might include loss of contributions for child or spousal support. The compensation could cover the deceased individual’s lost wages and benefits, loss of parental services, and loss of household services. Another category is damages for mental anguish.
What Is the Process for Pursuing a Wrongful Death Lawsuit?
After the consultation and service agreement, a wrongful death lawyer conducts a comprehensive investigation to gather evidence supporting the claim. This may include collecting medical records, accident reports, and witness testimonies. Following this, they file a formal complaint in the appropriate court, outlining the allegations against the defendant.
The discovery phase is next, during which both parties exchange pertinent information. Many cases are resolved through settlement negotiations. However, if an agreement cannot be reached, the case proceeds to trial, where a judge or jury determines the outcome. Should that happen, our Dover wrongful death lawyers are prepared to fight for your rights in court.
How Does a Wrongful Death Claim Differ from a Criminal Homicide Case?
One incident can lead to both a wrongful death claim and criminal charges. The following are the main differences:
- Wrongful death claims are civil cases where a deceased person’s survivors seek financial compensation (damages). In these cases, liability revolves around “a preponderance of the evidence.”
- With criminal homicide cases, a conviction can lead to penalties like jail time, probation, and state fines. Guilt has to be proven “beyond a reasonable doubt.”
Why Choose Jacobs & Crumplar, P.A. for a Wrongful Death Case?
Jacobs & Crumplar, P.A. has achieved several significant punitive damage awards in Delaware personal injury cases. Our team brings decades of experience in handling personal injury claims, including wrongful death cases. Clients appreciate and benefit from our approach, which combines personalized attention with a dedication to achieving justice for clients. By thoroughly investigating each case and advocating diligently in negotiations or court proceedings, our legal team strives to obtain compensation that addresses the full extent of a family’s loss.
Contact the Dover Wrongful Death Lawyers at Jacobs & Crumplar, P.A. for Compassionate Legal Assistance
If your family is facing the legal aftermath of a loved one’s wrongful death, know that you are not alone. The experienced Dover wrongful death lawyers at Jacobs & Crumplar, P.A. can explain your legal options and fight to pursue justice. To schedule a confidential consultation, call our New Castle or Millsboro, Delaware office at 302-656-5445 or contact us online. We proudly serve clients in New Castle County, Kent County, and Sussex County.