Ryan Zavodnick | December 21, 2025 | Wrongful Death
According to the Delaware Office of Highway Safety, there were almost 100 traffic fatalities in 2024 alone. This is a significant number, especially when one considers the fact that Delaware has one of the lowest populations in the country. A fatal auto accident is just one example of an incident that may lead to a wrongful death lawsuit. Other fatal accidents might also lead to this type of legal action, including slips and falls, medical malpractice, drownings, and product malfunctions. Families who believe that their loved ones perished due to the negligence of others have the right to explore the possibility of a wrongful death lawsuit. They may do so alongside an experienced wrongful death attorney in Delaware. How exactly can these legal professionals provide guidance and assistance in this situation? What benefits might a grieving family experience after taking legal action? These are concepts that could be worth exploring with Zavodnick & Lasky. Consider contacting us at (302) 884-6752 to continue this conversation.
A Wrongful Death Attorney May Be Able to Determine Whether a Lawsuit Is Possible
For many wrongful death attorneys, the first step is to determine whether a lawsuit is even possible. Not all fatal accidents can lead to wrongful death lawsuits, and while some accidents could be justiciable, the potential compensation might be too low to make this process worthwhile. That being said, a family may want to speak with a wrongful death attorney before dismissing the idea of a claim, even if the chances of success seem relatively low. A wrongful death attorney may be able to provide insights and assess strategies that families had not previously considered.
The Statute of Limitations Could Prevent Wrongful Death Claims
One of the first obstacles is the statute of limitations. Title 10 of the Delaware Code states that most wrongful death claims are subject to a two-year statute of limitations. In other words, families may not be able to sue if the fatal accident occurred more than two years ago. Zavodnick & Lasky may be able to help families determine whether the statute of limitations prevents legal action.
The Presence of Negligence is a Prerequisite to Valid Claims
Another potential issue involves negligence. To successfully pursue a wrongful death claim, family members must establish that someone else caused the fatal accident. This might be a negligent driver, property owner, health care provider, product manufacturer, or any other party who contributed to the fatality. Comparative negligence in Delaware means that if the deceased victim contributed more than 50% to their accident, a lawsuit could be impossible.
Assess the Potential for Compensation Before Filing a Claim
A wrongful death attorney may also help families assess potential pathways to compensation. Some negligent parties are unable to facilitate settlements or jury verdicts due to their lack of insurance or assets. In this situation, a wrongful death lawsuit could be inadvisable. However, legal action may still provide families with a sense of closure and justice.
Can a Wrongful Death Attorney Help Me Gather Evidence?
If a family chooses to move ahead with a claim, their wrongful death attorney may help them gather evidence and information about the fatal accident. This often occurs during the formal “discovery process” of a wrongful death lawsuit. During this fact-finding process, both the plaintiffs and the defendants have the opportunity to request information and documentation from each other. For example, a wrongful death attorney might request medical records that help establish that the driver who caused a fatal crash was visually impaired. If the driver forgot to wear their glasses or contact lenses that day, these records could help establish negligence.
Many other forms of evidence and documentation could prove useful as parties approach wrongful death lawsuits. Aside from requesting information from the defendant, a wrongful death attorney could track down eyewitnesses, medical experts, and other individuals whose testimony may prove useful during this process. They may also contact local establishments to determine whether their security cameras captured the accident. While police investigators are adept at gathering evidence after fatal accidents, a lawyer could “think outside the box” and explore avenues law enforcement overlooks.
Can a Wrongful Death Attorney Assist During Settlement Negotiations?
Most civil claims, including wrongful death lawsuits, are settled by parties outside of court. A settlement usually involves an insurance company providing financial compensation to the family for their various damages. In return, the family agrees not to pursue the lawsuit any further. The defendant can also provide this compensation without publicly accepting blame for the accident. Often, this represents a preferable alternative to litigation for all parties. Families may find a trial daunting for various reasons, and litigation may take numerous years. From the perspective of the defendant and their insurer, litigation is often a costly and unpredictable endeavor.
A wrongful death attorney can assist during these negotiations by making sure the family receives a settlement that covers their various damages. These damages might include funeral costs, lost future income, unpaid medical bills, emotional distress, grief, and loss of consortium. If defendants and insurance adjusters refuse to provide fair settlements, a wrongful death attorney may recommend proceeding to court. If litigation occurs, the wrongful death attorney can continue to represent the family. During this process, the lawyer can call upon witnesses, provide oral arguments, and present evidence to the court. At the end of the trial, a jury may decide how much compensation the victims should receive, if any. This type of compensation is called a “verdict,” and it may cover damages in full.
Speak With a Wrongful Death Attorney From Zavodnick & Lasky
Family members may feel unsure of how to proceed after a fatal accident. The legal aspects of wrongful death claims can be confusing, and relatives may be preoccupied with funeral arrangements or the general grieving process. However, swift action could be necessary, especially when one considers the statute of limitations in Delaware. Family members do not necessarily need to become knowledgeable about wrongful death claims to explore this type of legal action. A wrongful death attorney in Delaware may be able to provide guidance and education during this process, and contacting one of these lawyers could be a valid option after a fatal accident. Consider contacting Zavodnick & Lasky at (302) 884-6752 to explore this subject further. We serve families in New Castle County.
