Rhoades & Morrow

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Wilmington 302-427-9500 Bear 302-834-8484 Milford 302-422-6705 Lewes 302-550-0155

Understanding Wrongful Death Lawsuits

Milford Wrongful Death Lawyers discuss wrongful death lawsuits. Losing a loved one is devastating, regardless of the circumstances. But it can be particularly painful when the death was caused by another person’s negligence or a wrongful act. Living with the knowledge that the death could have been prevented somehow makes the loss that much more difficult.

In addition to the emotional devastation, there is the economic loss to consider as well, particularly if the deceased was the primary breadwinner in the family. One way that the surviving family can seek justice and closure is to pursue a wrongful death lawsuit against the negligent party.

Who Can File a Wrongful Death Lawsuit?

In the state of Delaware, the deceased’s spouse, child, siblings, or other family members who are related by blood or marriage can file a wrongful death lawsuit. The financial settlement distributed to beneficiaries is proportionate to the resulting injury.

The family of the deceased may seek compensation for funeral costs, medical expenses, lost wages and future earning capacity, as well as pain and suffering.

The following provides an overview of laws that apply to wrongful death claims:

  • If the deceased was married, the surviving spouse usually files the lawsuit.
  • If the deceased was a minor, a surviving parent typically files the lawsuit.
  • If the deceased is an adult, immediate family members, as well as grandparents, aunts, and uncles can file the lawsuit.
  • If the deceased family member had a will, the executor of the will has the sole right to pursue a wrongful death lawsuit.

It is not uncommon for disputes to arise among family members. When this happens, and more than one family member files a wrongful death lawsuit for the deceased, the court will likely consolidate the claims into a single lawsuit.

Deadline for Filing a Wrongful Death Lawsuit

The statute of limitations for filing a wrongful death lawsuit in the Delaware civil court system is two years after the date of the family member’s death. If filed after this time, it is unlikely that the court will accept the claim.

If a government employee was responsible for the death, a surviving family member may need to file a “notice of claim” in as little as 90 days.

Regardless of the circumstances, it is recommended that you file the wrongful death lawsuit as soon as possible, so that you can secure the full benefits that you and your family deserve.

Milford Wrongful Death Lawyers at Rhoades & Morrow Help Clients Secure Death Benefits

If you have lost a loved one as a result of another person’s negligence, the Milford wrongful death lawyers at Rhoades & Morrow understand how devastating this is for the surviving family members. We are fully committed to holding the negligent parties responsible for the pain and devastation they have caused. We also understand the financial burden associated with the loss of a family member. Our dedicated and compassionate legal team will seek the maximum financial compensation you and your family deserve. To schedule a free, confidential consultation, call us today at 302-427-9500 or contact us online.

Our offices are located in Wilmington, Delaware, where we represent clients in Bear, Milford, and both upstate and downstate Delaware.

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