Wrongful Death

Delaware Wrongful Death Attorney

Losing a loved one is a devastating experience. When that loss is the result of someone else's negligence or wrongdoing, the pain can be even more profound. The pursuit of justice becomes a critical step towards closure and securing the financial future for the surviving family members. Our compassionate team at the Law Office of Trapp Nicholl is here to provide you with the legal support and guidance you need. Our team understands the complex emotions and challenges you're facing, and we are committed to helping you seek justice and financial compensation during this difficult time.

When a loved one's life is tragically cut short due to another party's wrongful actions, the surviving family members may be entitled to pursue a wrongful death claim. Our experienced Delaware wrongful death attorney is here to assist you in navigating the legal process and seeking the compensation you deserve. We understand the sensitivity of these cases and approach them with the utmost compassion and professionalism.

How Our Delaware Law Firm Can Assist You with Your Wrongful Death Suit

Losing a loved one in a wrongful death incident is not only emotionally devastating but can also result in financial hardships. Our Delaware law firm has a proven track record of helping families like yours navigate wrongful death claims and seek justice for their loved ones. Here's how we can assist you:

Legal Expertise: Our skilled Delaware wrongful death attorney has a deep understanding of state laws and regulations governing wrongful death cases. We will guide you through the legal complexities and ensure that your rights are protected.
Thorough Investigation: We will conduct a thorough investigation into the circumstances of the incident to gather evidence and establish liability. Our goal is to build a strong case that demonstrates the negligence or misconduct of the responsible party.
Maximizing Compensation: While no amount of money can replace your loved one, pursuing compensation through a wrongful death suit can help alleviate financial burdens. We will work to secure damages for medical expenses, funeral costs, lost future earnings, and the pain and suffering endured.
Compassionate Support: Our team understands the emotional toll of a wrongful death. We provide compassionate and supportive guidance throughout the legal process, ensuring that you have the space and time you need to heal while we handle the legal aspects.
Effective Negotiation and Litigation: Whether through negotiations or litigation, we will pursue the best possible outcome for your case. Our goal is to secure fair compensation and accountability for your loss.

Losing a loved one is never easy, and no amount of compensation can replace your loss. However, seeking financial compensation can help alleviate the financial burdens that often accompany wrongful deaths, allowing you and your family to focus on healing and honoring your loved one's memory.

What is Wrongful Death?

Under Delaware law, a wrongful death occurs when a person is killed due to the legal fault of another party. This includes deaths caused by:

Negligence: When a person fails to act with reasonable care. Examples include car accidents caused by drunk or distracted drivers.
Intentional acts: When someone deliberately harms or kills another person. This includes murder, battery, and other intentional torts.
Strict liability: When a defendant is liable for a death regardless of fault, like in defective product cases.

This claim allows the survivors of the deceased—usually immediate family members—to pursue compensation for their losses, including lost wages that the deceased would have earned, medical and funeral expenses, loss of companionship, care, or protection, and pain and suffering of the deceased prior to death.

It's essential to note that a wrongful death claim is separate from any criminal charges that might be brought against the responsible party. While criminal proceedings focus on punishing the wrongdoer, a wrongful death claim seeks to compensate the survivors for their loss.

What Types of Accidents Cause Wrongful Death Claims in Delaware?

In Delaware, various incidents can give rise to wrongful death claims. Some of the most common include:

Motor Vehicle Accidents: According to the Delaware Department of Transportation, over 100 people are killed in motor vehicle collisions across the state each year. Common causes we see include speeding, drunk driving, distraction, dangerous road conditions, and mechanical defects in vehicles.
Product Liability: When a dangerous or defective product like a piece of machinery, vehicle, or consumer good, causes loss of life, the manufacturers and suppliers of that product can be sued in a wrongful death product liability claim.
Premises Liability: Fatal accidents that occur on someone else's property due to unsafe conditions, such as slip and fall accidents, inadequate security, or building code violations.
Criminal Acts: If a person's intentional actions lead to another person's death, the surviving family members may pursue a wrongful death claim alongside criminal charges.

Our team has extensive experience handling wrongful death cases stemming from these and other types of catastrophic accidents in Delaware. We work closely with accident reconstruction experts, medical specialists, and other professionals to prove liability.

Who Can File a Wrongful Death Lawsuit?

In Delaware, wrongful death lawsuits aim to provide compensation for the deceased's close family members who have suffered emotionally and financially due to the sudden loss. Here's a breakdown of who is typically eligible:

Spouse: A surviving spouse can typically file a wrongful death lawsuit.
Children: The deceased person's biological children, adopted children, stepchildren, and foster children are also permitted to bring a wrongful death suit in Delaware.
Parents: If the deceased did not leave behind a spouse or children, their parents might be entitled to file a lawsuit, especially if they were dependent on their child.
Other family members: Beyond immediate relatives listed above, Delaware law permits any person related to the deceased by blood or marriage to recover damages in a wrongful death suit. This includes siblings, grandparents, nieces/nephews, aunts/uncles, or cousins.
Legal Representatives: If the deceased person has no surviving relatives, the court can appoint a legal representative like an executor or administrator to bring the lawsuit on behalf of any creditors or other beneficiaries of the estate.

Beneficiaries must meet specific criteria and legal requirements to file a wrongful death lawsuit. Consulting with an experienced Delaware wrongful death attorney is crucial to understanding your rights and eligibility.

Wrongful Death Compensation

There are different types of damages available in a Delaware wrongful death claim. While no amount of money can make up for the tragic loss of life, a settlement or court award can provide some financial security and justice for families. Compensation can include:

Medical Expenses: Costs related to medical treatment and care received by the deceased before their passing.
Funeral and Burial Costs: This covers the costs of funeral services, the burial plot, headstone, transportation of remains, flowers, obituary notices, and other final expenses for the deceased person.
Lost Income: The deceased person's annual salary, wages, and potential for bonuses, promotions, and increased earnings over their projected career are calculated. Experts determine the present value of overall lost income based on work-life expectancy.
Loss of Companionship: For a spouse and children especially, losing the day-to-day companionship and positive experiences shared with the deceased person creates tremendous heartache.
Pain and Suffering: If the person experienced pain, emotional trauma, fear, anxiety, or suffering in the moments leading up to their death, compensation can address this anguish.
Punitive Damages: In cases where the wrongful death was caused by particularly egregious or reckless behavior, the court may award punitive damages to punish the defendant and deter such conduct in the future.

Calculating the appropriate compensation in a wrongful death case can be complex, considering various factors such as the victim's age, earning potential, and the circumstances of the incident. An experienced Delaware wrongful death attorney can help you understand what compensation you may be entitled to and guide you through the legal process.

Deadline for Filing Wrongful Death Suits in Delaware

In Delaware, there is a specific timeframe within which you must file a wrongful death lawsuit. This timeframe is known as the statute of limitations. In most cases, the statute of limitations for filing a wrongful death lawsuit in Delaware is two years from the date of the individual's death. It's crucial to be aware of this deadline, as failing to file within the specified timeframe could result in the forfeiture of your right to seek compensation.

The clock starts ticking on the actual date of death, not when you discover any misconduct. So even if you do not immediately know the cause of death or whether negligence was involved, the time limit applies from the date your loved one passed away.

It's essential to consult with an experienced Delaware wrongful death attorney as soon as possible. There can be exceptions and nuances to the statute of limitations that could affect your case. Our team can help you understand the specific deadlines that apply to your situation and guide you through the legal process.

Wrongful Death Statistics

Wrongful death incidents are a sobering reality, and understanding the scope of the issue can shed light on the importance of seeking justice for victims. In Delaware, wrongful death statistics reveal the impact of such incidents on families and communities:

According to the Centers for Disease Control, there was approximately 3.5 million deaths in 2022 in the United States. This includes about 224,935 fatalities attributable to accidents.
Accidents like motor vehicle crashes, falls, poisonings, and drownings are among the top ten causes of death across all age groups in the U.S.
In Delaware, between 100-170 people are killed in motor vehicle collisions each year. Alcohol was involved in 27% of the fatal crashes.
About 26,000 Americans are victims of homicide and murder every year nationwide. In Delaware, around 100 homicides occur annually.

What if My Loved One is Blamed for the Accident that Killed Them?

Delaware follows the "modified comparative negligence" rule, which allows you to seek compensation as long as your loved one's fault 50% or less. However, any compensation awarded will be reduced by the percentage of fault attributed to your loved one. Our experienced Delaware wrongful death attorney can assess the details of the case and help you navigate these complex legal nuances to ensure that your family's rights are protected.

How is Wrongful Death Compensation Divided?

If the deceased person is survived by a spouse and children, damages are divided with:

50% to the spouse
50% split equally among the children

If no spouse, 100% is split equally among the children. The more beneficiaries involved, the smaller each person's share.

For any other family members like parents or siblings, damages are split according to each person's suffering as determined by the probate court. The court will assess factors like:

Closeness of the relationship
Whether they lived with the deceased
Emotional reliance on the deceased
Age and life expectancy
Financial reliance and support provided by the deceased
Mental pain and suffering caused by the loss
Medical/counseling costs associated with grief and bereavement

Let the Law Office of Trapp Nicholl Help You Today

We know that dealing with legal matters while grieving can be overwhelming. Our dedicated team at the Law Office of Trapp Nicholl is here to provide you with the compassionate and experienced legal representation you deserve. By choosing us, you're selecting a law firm that understands your needs and is committed to pursuing justice on your behalf.

If you've lost a loved one due to the negligence of another party, don't hesitate to contact us for a free consultation. Let us help you navigate the legal process, protect your rights, and seek the compensation your family deserves. Your loved one's memory deserves to be honored, and we're here to ensure that justice is served.