Delaware Wrongful Death Lawyer

The unexpected death of a loved one brings on one of the most challenging times in your life. If the negligence of another person caused the death of your relative, you may be entitled to compensation from the liable party. To move forward, call a Delaware wrongful death attorney.

When you are in mourning, you shouldn’t need to be burdened by the worry that comes with losing the financial support you’ve counted on to support yourself and your family. As if the death of a relative isn’t traumatizing enough, losing him or her due to another party’s irresponsible or careless decisions can be devastating.

A Delaware wrongful death lawyer from our firm will ensure that the death of your family member is not taken lightly. With Barros, McNamara, Malkiewicz & Taylor, you’ll have an experienced legal ally fighting to make sure you receive full compensation for the suffering the liable party has imposed on you.

What Constitutes a Wrongful Death in Delaware?

Bringing forward a Delaware wrongful death claim in civil court is much different than a prosecutor filing criminal charges against the person responsible for the death of your loved one. In a civil wrongful death claim, your attorney will need to prove that the defendant is responsible for the death of your loved one.

The person being sued, or a decision he or she made, must have been the direct cause of the death in question. These cases can involve a murder with the intent to harm or an accidental injury that resulted in death. What matters is that, if it hadn’t been for the defendant’s behavior, your loved one would likely still be alive today.

While any accident that took your loved one’s life and was the result of someone else’s negligent or purposeful actions can warrant a wrongful death claim, it helps to understand some of the more common causes of wrongful deaths. The following are some common accident types that lead to wrongful death claims in Delaware:

Suing for Wrongful Death in Delaware

In Delaware, a wrongful death claim can be filed by the parents, children, spouse, or siblings of the person who has passed away. If none of these apply, a wrongful death claim can be filed by any person who is related to the deceased individual by marriage or blood.

We will have two years from the date the decedent passed to file a claim. Then, your wrongful death lawyer in Delaware will bring your case to court. The court will award wrongful death damages if we are able to prove that the defendant is liable for your loved one’s death.

Wrongful Death Damages

After the court has deemed the defendant liable for the death of your family member, it will also determine what a reasonable compensation amount is, based on a variety of factors. In Delaware, calculating the damages in a wrongful death case is very similar to the process for a personal injury claim.

This means that the losses considered will include those that the deceased person would have sought if he or she had lived. Damages will be divided between the beneficiaries of the estate of the deceased.

Monetary losses, including remaining medical bills, lost wages, the loss of future earnings (such as those of a retirement savings plan or bonuses and raises), the loss of financial support for you and your children, and the costs of funeral and burial expenses, are known as economic damages and will be considered in the computation of the value of your claim.

In addition, you can also be awarded for the pain and suffering, emotional distress, and the loss of household, child, and spousal services associated with the death of your loved one.

Get in Touch with a Delaware Wrongful Death Attorney

If you need help determining what your next steps should be after the wrongful death of a loved one and aren’t sure where to turn, reach out to an experienced and dedicated lawyer at Barros, McNamara, Malkiewicz & Taylor today.

Our team of highly trained attorneys will work diligently to ensure that you and your family are able to receive the compensation you need to continue to survive without the financial support of your family member. You can schedule a free, no-obligation claim evaluation with a Delaware wrongful death lawyer by filling out the convenient contact form below or giving us a call at 302-734-8400.