Ryan Zavodnick | May 11, 2025 | Wrongful Death
Whether it is your spouse, child, parent, sibling, or someone else close to you, the death of a loved one is never easy. When that death comes at the hands of someone else who could have prevented it, it is even more heartbreaking. There may be criminal charges against the person responsible under some circumstances, but that may not feel like justice to you. You may feel frustrated, knowing that nothing you do will bring back your lost loved one, but wanting to do something to hold the responsible party accountable. A wrongful death claim may be the solution to that frustration. When you file a wrongful death lawsuit, you may be able to recover a variety of damages as wrongful death compensation. While this money will not bring back your loved one, it can give you and your family time and space to grieve your loss and determine how you will move forward with your life without worrying about finances. If you would like to discuss your legal rights and obligations in a wrongful death claim, call Zavodnick & Lasky at (215) 774-6467 to schedule a consultation in our New Castle County, Delaware office.
What Is a Wrongful Death?
A wrongful death is one that occurs when a wrongful act by one person results in the death of another. Common causes of wrongful deaths are work injuries, premises liability, defective products, fatal medical malpractice, and motorcycle, truck, and car accidents. A wrongful death claim is essentially a personal injury case, except the deceased cannot file it, so the surviving family members do so instead. Wrongful death compensation may be more substantial than a personal injury settlement because the individual died and therefore, their family is permanently deprived of their companionship, income, and other potential damages.
Wrongful death claims can be filed in addition to criminal charges filed by the state, but criminal charges are not required. What is required is that the family of the deceased must demonstrate that the responsible party is liable for the accident or other circumstances that led to the death. The responsible party must be shown to have been negligent in some way, and that negligence eventually led to the death.
Who Can File a Delaware Wrongful Death Claim?
Per 10 Del. C. §3724, wrongful death compensation is meant to benefit the spouse, children, parents, or siblings of the deceased. If one of these relatives is not available or does not want to file a claim, other relatives, through blood or marriage, may be able to file. The estate’s personal representative may also be able to file a claim.
Additionally, families may still be able to file a claim and receive wrongful death compensation even if their loved one’s death occurred outside of Delaware. However, the specific details of the situation will dictate which state to file the claim in. Individuals may want to consult with an attorney to learn more about the complexities of such a case and determine how they wish to proceed.
What Damages Can Be Recovered as Wrongful Death Compensation?
Wrongful death compensation, like compensation in other lawsuits, is not simply a randomly chosen number. Instead, the amount of compensation received is based on several types of damages the family may request. These damages include both economic and non-economic damages.
Economic Damages
Economic damages are those that are tangible, easily documented, and calculated. These types of damages are quantifiable, or objectively verifiable, with evidence such as pay stubs, bills, or receipts that provide precise details about their value. As wrongful death compensation in Delaware, these damages may include:
- Funeral Expenses: up to $7,000 for funeral and burial or cremation expenses
- Lost Income and Benefits: Pay stubs, W-2s, or other employment or tax forms can prove the deceased’s income and benefits, such as health insurance, bonuses, commissions, and other benefits that the family may no longer receive or must pay for through another source. Families may also be able to sue for lost income for a relative who was not employed, such as a stay-at-home parent, by showing that the individual was providing a valuable contribution. This may include showing the financial savings that the stay-at-home parent provided by taking care of childcare, household management, and offering financial support.
- Medical Expenses: Medical costs resulting from the injury that led to the individual’s death. Additionally, this damage allows families to recover the reasonable value of the medical expenses, not only the amount paid.
- Lost Household Services: This is compensation for the everyday labor the deceased performed in the home, such as cooking meals, household repairs, chores, and other household tasks that the family may now have to take over or hire someone to handle.
- Lost Contributions of Child or Spousal Support: This is similar to lost income, but it specifically refers to the money the deceased would have spent to support their family if their spouse did not work or if a monetary agreement had been in place.
Non-Economic Damages
Non-economic damages are intangible damages that cannot be easily calculated. While economic damages are meant to replace or make up for financial losses the family incurs as a result of the wrongful death, non-economic damages are meant to make up for the emotional and mental losses the family feels. These damages may not have the same documentation as economic damages, but they can still be an essential part of receiving fair wrongful death compensation.
These damages may include:
- Mental Anguish: The unexpected death of a spouse, child, or parent can cause significant emotional pain. Other mental health conditions, such as depression or anxiety, can also be triggered or exacerbated by the death. These damages can reflect the turmoil the family is going through as a result of the death.
- Loss of Companionship and Guidance: Similar to mental anguish, this damage can reflect the family’s loss of the benefits of their relationship with the deceased. The companionship, support, advice, affection, and other intangible benefits the family would have exchanged with the deceased and now will not have an emotional and practical impact.
- Inconvenience and Physical Impairment: If the injuries that caused the death caused ongoing physical impairments or inconvenience before the deceased died, the family may be able to receive wrongful death compensation for those impairments or inconvenience. For example, if the deceased was paralyzed by the injuries that eventually caused their death and the spouse acted as a caregiver, they may be able to recover damages.
- Punitive Damages: If the death is found to be maliciously intended, or resulted from reckless, wanton, or wilful misconduct by the responsible party, punitive damages may be awarded. However, these damages are rare and are generally considered separate from wrongful death compensation.
Is There a Maximum Amount That Can Be Recovered as Wrongful Death Compensation?
Delaware does not have a cap on wrongful death compensation. This means there is no maximum amount that can be recovered. With no cap, families can recover the full amount of their losses, including both economic and non-economic damages. Delaware instructs the court or jury to consider all the circumstances and facts and to choose a compensation amount that will fairly compensate the family for the injury resulting from the death.
Individuals considering a wrongful death claim may wish to consult with a wrongful death attorney at Zavodnick & Lasky to discuss potential compensation. While an attorney cannot guarantee or promise any specific amount of compensation, they may review the details of the case, discuss what kind of evidence the family may need to prove their damages, and offer advice regarding how much compensation to ask for as well as assist in negotiating compensation with either the other party or their insurance company.
How Long Do Families Have to File a Wrongful Death Claim in Delaware?
In most states, there is a deadline by which individuals must file their claims for most lawsuits. This deadline is called a statute of limitations. The statute of limitations varies not only by state but by lawsuit type. In Delaware, if families want to file a wrongful death lawsuit, they must do so within two years of the date the individual died, per 10 Del. C. §8107. If families do not file their claim within this timeframe, they may lose the right to seek wrongful death compensation.
However, it is essential to note that there can be exceptions to this statute of limitations. These exceptions can provide more or less time, depending on the details. Therefore, families must act promptly and consider consulting with a wrongful death attorney to protect their rights and to understand what they need to do to proceed with a claim and receive the compensation they are entitled to under the law.
How Can a Delaware Wrongful Death Attorney Assist You?
There is nothing anyone can say or do that makes the loss of your loved one less painful. However, a wrongful death claim allows you to be financially compensated by the liable party or their insurance company. A wrongful death attorney with Zavodnick & Lasky may be able to assist you in preparing and filing the paperwork for your claim, gathering and preserving evidence, subpoenaing witnesses, finding expert witnesses, and determining how much wrongful death compensation to request. Call (215) 774-6467 to schedule your consultation and learn more about your legal rights.
