Ryan Zavodnick | February 22, 2026 | Wrongful Death
In Delaware, when someone’s death is caused by the carelessness of another party, a wrongful death insurance claim and a wrongful death lawsuit can typically be filed. Delaware law allows certain family members to file this type of lawsuit seeking financial compensation for the losses caused by the death. Zavodnick & Lasky Personal Injury Lawyers has a proven record of securing significant results, including a wrongful death settlement of $780,000 for a pedestrian killed by an intoxicated driver. For questions about a Delaware wrongful death claim, contact Zavodnick & Lasky at (302) 884-6752.
Understanding Delaware Wrongful Death Claims
According to the Centers for Disease Control and Prevention, unintentional injury is unfortunately the fourth leading cause of death in Delaware as of 2023. A wrongful death case in Delaware typically begins with an insurance claim against the at-fault party’s insurer, but a civil lawsuit may be necessary if the insurer denies liability or offers insufficient compensation.
Under Delaware law, a wrongful death lawsuit can be filed when someone dies due to the wrongful act or neglect of another. These lawsuits allow specific family members to recover financial compensation for the financial and emotional impact of the death. Unlike criminal charges, wrongful death lawsuits are civil actions. They seek monetary damages rather than criminal penalties.
Delaware Wrongful Death Laws to Know
The primary statute governing wrongful death lawsuits in Delaware is 10 Del. C. § 3724. This statute outlines the types of damages recoverable, who has standing to sue for wrongful death, and how recovered compensation should be distributed among surviving relatives.
Additionally, 10 Del. C. § 3701 addresses survival actions. These are distinct from wrongful death lawsuits. A survival action allows the deceased person’s estate to recover for pain and suffering endured by the deceased before death. In contrast, a wrongful death lawsuit compensates surviving family members for their own losses. These two causes of action often proceed together.
Who Can File a Wrongful Death Claim in Delaware?
According to 10 Del. C. § 3724(a), the following people can typically file a wrongful death lawsuit:
- Spouse of the deceased
- Parents of the deceased
- Children of the deceased
- Siblings of the deceased, if none of the above exist
Notice that fiances and step-children are not listed. The listed parties can file individually or jointly. If none of these parties are alive, then the law does not permit extended family members to file the lawsuit. For example, if a worker is killed in an industrial accident and is survived only by a sibling, that sibling can usually bring the wrongful death lawsuit.
What Compensation Can Families Receive After a Wrongful Death
In 2022, over 450 fatalities were classified as accidental, preventable deaths in Delaware. Sadly, this highlights how frequently Delaware families endure wrongful death cases. The state’s wrongful death statute allows for both economic damages, such as reimbursements, and non-economic damages, such as pain and suffering. Specifically, 10 Del. C. § 3724(d) permits recovery for:
- Loss of future income and financial support
- Emotional distress suffered by the survivors
- Loss of household services
- Funeral and burial expenses
- Loss of care, guidance, and companionship
Punitive damages are awarded in rare cases involving particularly reckless or intentional conduct.
How Long Do I Have to File a Wrongful Death Lawsuit in Delaware?
Under 10 Del. C. § 8107, the deceased’s family has two years from the date of death to file the lawsuit in civil court. If a family member fails to file within that two-year period, the court will typically dismiss the lawsuit, regardless of how strong the case is. The statute of limitations is enforced strictly in Delaware.
There are, however, several exceptions that can “toll,” or pause, the statute of limitations for a Delaware wrongful death lawsuit, such as:
- when the responsible party fraudulently conceals the cause of death
- when the surviving beneficiary is a minor
- when the surviving beneficiary is on active military duty, which interferes with their ability to initiate legal action
- when the defendant has left the state or concealed their whereabouts to avoid being served or held liable
The Difference Between a Wrongful Death, Manslaughter, and Negligent Homicide
Manslaughter and negligent homicide are criminal offenses. Again, wrongful death lawsuits are civil actions. For example, 11 Del. C. § 632 defines manslaughter as recklessly causing the death of another person. Similarly, 11 Del. C. § 631 defines criminally negligent homicide as causing death through criminal negligence. These criminal charges can result in imprisonment and fines, but do not award financial compensation.
A wrongful death lawsuit can be filed even if no criminal charges are filed, and vice versa. In fact, a civil lawsuit can succeed even if the defendant is acquitted in criminal court. This is because the burden of proof in civil court is lower. In a lawsuit, the plaintiff, which is the surviving family in this case, must prove their case by a “preponderance of the evidence” rather than “beyond a reasonable doubt,” as in criminal court.
What If the Deceased Did Not Have a Will?
A will is not required to bring a wrongful death lawsuit in Delaware. The right to file such a lawsuit is granted by 10 Del. C. § 3724 and belongs to specified family members, regardless of estate planning documents.
However, a will can affect how the estate is distributed, particularly in relation to survivorship actions. While wrongful death damages belong to the survivors and are distributed accordingly, survival action damages belong to the estate.
Ask a Delaware Wrongful Death Lawyer Your Claim Questions Today
A wrongful death lawsuit in Delaware gives the deceased’s family members the legal right to pursue compensation when someone dies because of another person’s negligence or recklessness. If you have questions relating to a loved one’s wrongful death, Zavodnick & Lasky Personal Injury Lawyers can help. Our team has over 30 years of experience, recovering millions in compensation in cases just like these. To speak with a wrongful death lawyer in Delaware, call Zavodnick & Lasky at (302) 884-6752.
