New Castle Wrongful Death Lawyers
Losing a loved one due to another party’s negligent actions or misconduct is a devastating experience. Families are often left with emotional pain, financial burdens, and legal questions during a time of profound loss. The law provides a means for eligible family members to seek compensation through a wrongful death claim. This legal action is meant to hold the responsible party accountable and help those left behind with some financial relief.
The New Castle wrongful death lawyers at Jacobs & Crumplar, P.A. help families pursue accountability under Delaware law. Wrongful death claims are governed by specific statutes in Delaware, which define who may bring a claim, the types of damages that may be awarded, and the time limits for filing. The process can be legally demanding and emotionally overwhelming. Our knowledgeable legal counsel can explain what steps must be taken and what your rights are.
What Is Considered Wrongful Death Under Delaware Law?
Under Delaware law, wrongful death is defined as a death caused by the wrongful act, neglect, or default of another person or entity. This may occur in various situations, such as motor vehicle accidents, defective products, workplace incidents, or medical negligence. The key factor is that the conduct leading to the fatal incident would have given rise to a personal injury claim had the individual survived.
A wrongful death lawsuit is a civil action and is separate from any criminal proceedings that may also be pursued against the responsible party. The outcome of a criminal case does not prevent a wrongful death claim from being filed, nor does it automatically determine the result of a civil claim.
Who Can File a Wrongful Death Claim in New Castle?
Those generally permitted to bring such an action include the deceased person’s surviving spouse, children, parents, and siblings. If none of these parties are living or available, other relatives who were financially dependent on the deceased person may be permitted to file.
The law also allows multiple eligible parties to join together in one lawsuit. However, if eligible parties do not bring a claim within the legally defined period, they may lose the ability to pursue compensation.
What Types of Damages May Be Recovered?
Wrongful death claims may allow for the recovery of several types of damages. These damages are intended to provide compensation for the financial and emotional impact resulting from the loss. Recoverable damages may include funeral and burial expenses, lost income and benefits, loss of household services, and mental anguish suffered by surviving family members.
In some cases, the court may also award punitive damages if the conduct of the at-fault party was particularly reckless or intentional. These types of damages are designed to penalize the responsible party and to deter similar conduct in the future.
How Long Do I Have to File a Wrongful Death Lawsuit?
Generally, the Delaware statute of limitations for filing a wrongful death lawsuit is two years from the date of death. If a claim is not filed within that timeframe, the right to pursue compensation is likely to be lost.
There are limited exceptions to this rule, but they are not commonly granted. We recommend consulting with our New Castle wrongful death lawyers as soon as possible. We can evaluate the circumstances and advise you on the applicable deadlines.
What Must Be Proven in a Wrongful Death Case?
To succeed in a wrongful death lawsuit, the claimant must prove that the defendant owed a duty of care to the deceased person, that this duty was breached, and that the breach directly caused the death. The legal standard is similar to that of a personal injury case.
The claimant must also demonstrate the impact of the death on surviving family members. This may involve providing evidence of financial losses, emotional suffering, and loss of companionship. Documentation, such as medical records, accident reports, expert testimony, and witness statements, may be used to support the case.
Are Wrongful Death Claims Different From Survival Actions?
Yes. Family members bring a wrongful death claim to recover damages for their personal loss. A survival action, on the other hand, is brought on behalf of the deceased person’s estate and seeks compensation for the pain and suffering, medical expenses, and other losses experienced by the deceased before death.
Both types of actions may be filed in the same lawsuit, but they are considered separate legal claims with distinct purposes. Our New Castle wrongful death lawyers can evaluate which or both types of claims are appropriate, based on the facts of the case.
What Happens if the Deceased Person Had No Will?
If the deceased person did not leave a will, the wrongful death claim may still proceed. Delaware’s wrongful death statute defines who may file a claim, regardless of the presence or absence of a will. However, issues related to how damages are distributed may be affected by the state’s intestacy laws.
In such cases, the court may appoint a personal representative for the estate. That person may be responsible for pursuing the claim and distributing any proceeds according to Delaware probate law.
What Role Does Insurance Play in a Wrongful Death Case?
Insurance coverage often plays a significant role in wrongful death cases. The at-fault party may be covered by auto insurance, business liability insurance, homeowner’s insurance, or other policies, depending on the nature of the incident. The available insurance limits may impact the total amount that can be recovered.
Identifying and evaluating all potential sources of coverage is an important part of preparing a wrongful death claim. Our New Castle wrongful death lawyers negotiate with insurance carriers on behalf of the family to reach settlements or prepare cases for trial when fair resolutions cannot be reached.
Are Settlements Always Reached or Do Cases Go to Trial?
Many, but not all, wrongful death claims are resolved through settlement negotiations. If a fair resolution cannot be achieved through negotiation, the case may proceed to trial, where a judge or jury will determine the outcome.
The trial may involve presenting evidence, questioning witnesses, and making legal arguments. The decision to go to trial is often influenced by the strength of the evidence, the conduct of the defendant, and the willingness of both parties to compromise. Our New Castle legal team can determine your best course of action based on the facts and legal standards involved.
Our Compassionate New Castle Wrongful Death Lawyers at Jacobs & Crumplar, P.A. Help Families Seek Compensation and Accountability
Our New Castle wrongful death lawyers at Jacobs & Crumplar, P.A. understand the emotional toll these cases entail, and we are prepared to take on the legal burden so you can focus on healing. For a free consultation, call 302-656-5445 or submit our online form. Located in New Castle and Millsboro, Delaware, we serve clients in New Castle County, Kent County, and Sussex County.