Wilmington Wrongful Death Lawyers
Losing a loved one in an accident is one of the most devastating experiences a family can endure. Beyond the overwhelming grief and the emotional void left behind, there may also be financial hardships, especially if your loved one was a primary provider. If their death was caused by someone else’s wrongful act, your family may be entitled to compensation under Delaware law.
At Jacobs & Crumplar, P.A., our Wilmington wrongful death lawyers are here to guide your family through this painful and complex legal process with compassion, experience, and unwavering advocacy.
What Is a Wrongful Death Claim in Delaware?
A wrongful death claim arises when someone dies as a result of another party’s negligence, recklessness, or intentional misconduct. This civil lawsuit allows surviving family members to pursue financial compensation for the losses they have suffered due to the untimely death of a loved one.
Delaware law allows a wrongful death action to be filed when one person’s actions wrongfully cause the death of another. The purpose of the law is to support surviving family members by offering financial relief for both economic and emotional harm caused by the death.
How Do You Prove a Wrongful Death Case?
To succeed in a wrongful death case, you must demonstrate that another party’s actions directly caused your loved one’s death—and that those actions meet the legal definition of negligence or wrongdoing. The standard of proof is a preponderance of the evidence, meaning it must be more likely than not that the defendant’s behavior caused the death.
Key elements typically include:
- A legal duty owed to the deceased.
- A breach of that duty through negligence, recklessness, or misconduct.
- A direct link between the breach and the death.
- Demonstrable harm suffered by the surviving family.
Because the deceased cannot testify, these cases often require extensive investigation. Our attorneys gather witness statements, expert analysis, records, and physical evidence to build a strong case.
Who Can File a Wrongful Death Claim in Wilmington, Delaware?
Delaware law specifies who may benefit from a wrongful death lawsuit. The claim may be brought on behalf of:
- Spouse
- Children
- Parents
- Siblings
If none of these relatives are living, the personal representative of the estate may file the lawsuit. In such cases, any damages awarded benefit the estate directly.
If eligible family members disagree on how to divide the compensation, the court—not a jury—will determine a fair distribution based on the impact the loss has had on each person.
What Compensation Is Available in a Wrongful Death Case?
Wrongful death compensation is meant to address both economic and emotional losses resulting from a loved one’s death. While no amount of money can undo the pain, compensation can help ease the financial burden and provide justice for the loss.
Families may be entitled to recover:
- Lost income and benefits the deceased would have earned.
- Loss of companionship, care, and guidance.
- Emotional pain and suffering experienced by survivors.
- Funeral and burial expenses.
- Medical bills related to the final injury or illness.
Each case is different. The specific damages available depend on the deceased’s role in your life, their age, income, and other personal factors. Insurance companies often challenge these amounts, but our attorneys fight to ensure your losses are fully recognized and valued.
What Is the Legal Process to Pursue Wrongful Death Compensation?
A wrongful death claim can begin with an insurance claim or with a lawsuit filed directly against the responsible party. In many cases, filing a lawsuit helps apply pressure and provides the opportunity to gather additional evidence through discovery.
The process typically includes:
- Investigation of the facts and circumstances of the death.
- Filing the lawsuit in civil court.
- Exchanging evidence and testimony during discovery.
- Attempting to settle through negotiation or mediation.
- Proceeding to trial if necessary.
Our legal team will manage deadlines, documentation, and communications while keeping you informed every step of the way.
How a Wilmington Wrongful Death Attorney Can Help
Handling a wrongful death case alone is difficult, especially when you’re grieving. You deserve to focus on healing while a legal professional manages the burden of the case. Our attorneys handle every aspect of the process and work to secure the compensation your family needs.
We will:
- Explain your legal rights and guide you through the process.
- Investigate the incident and gather all necessary evidence.
- Calculate the full extent of your family’s damages.
- File the lawsuit and manage legal filings.
- Develop your case through discovery and prepare for trial.
- Negotiate for a settlement or advocate in court if needed.
With more than 40 years of experience, Jacobs & Crumplar has built a reputation for compassion, integrity, and results. Families throughout Delaware trust us with their most difficult legal matters.
Contact the Wilmington Wrongful Death Lawyers at Jacobs & Crumplar, P.A.
If your loved one’s death was caused by someone else’s wrongful conduct, your family may be entitled to justice and compensation. The Wilmington wrongful death lawyers at Jacobs & Crumplar, P.A. are ready to help. Call 302-656-5445 or complete our online contact form to schedule a free, confidential consultation. We have offices in Wilmington and Millsboro, Delaware, and we proudly serve clients across New Castle County, Kent County, and Sussex County.