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Wrongful Death Filing Eligibility

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December 18, 2018

Losing a loved one is never easy, but death due to illness or old age are sad, but anticipated, parts of life. However, having a loved one’s life cut tragically short because of another person or entity's negligent actions is something entirely different. The loss of a loved one because of someone else's negligence can feel particularly unfair and traumatic. For families who relied on the victim's income, this type of loss can be both emotionally and financially devastating.

What You Should Know About Taking Legal Action After a Wrongful Death

If someone you love died in a Delaware car, truck, motorcycle, or slip-and-fall accident that wasn't their fault, you may have grounds for a wrongful death lawsuit, which would allow you to seek compensation for losses related to their death. Here's what you should know if you're considering taking legal action.

In Delaware, not everyone who was close to the victim has grounds to file a wrongful death claim. Rather, filing eligibility for wrongful death lawsuits is restricted to the victim's surviving spouse, children, parents, and siblings—including half-siblings, and which of these relatives has a claim depends on who else has a claim.

Wrongful death claimants can seek compensation for a wide variety of economic and non-economic damages, including:

  • Reasonable funeral and burial expenses
  • Lost wages and benefits
  • Loss of marital, parental, and household services
  • Loss of love, guidance, and support
  • Mental anguish

After abruptly losing a loved one, focusing on anything other than holding your grieving family together can be hard. Unfortunately, there isn't much time to spare when it comes to filing a wrongful death claim. While the law gives eligible family members two years to file a wrongful death lawsuit, evidence can be damaged or lost—and witnesses could move, forget what they saw, or die—much sooner than that.

Consult an Experienced Delaware Wrongful Death Attorney

If your loved one was killed in a Delaware accident caused by another person or entity's negligence, the knowledgeable wrongful death attorneys at Morris James can help you build a strong case and fight for the compensation you deserve. Contact us today at 302.655.2599 or complete our online form to schedule a free initial consultation appointment.

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