DELAWARE WRONGFUL DEATH ATTORNEY
A Wrongful Death lawsuit is a civil action in which damages are sought against a party for causing a death.
A wrongful death claim is analogous to a personal injury claim in that in order to hold the defendant liable in a wrongful death claim, the plaintiffs in the claim (through the estate of the victim) must meet the same burden of proof that the victim would have had to meet had the victim lived. A claim of wrongful death usually requires that the defendant owed the victim a duty of care, that the defendant breached this duty, that the breach of duty was a direct and proximate cause of the death, and that the death caused the damages that the plaintiff is trying to recover.
Usually, the spouse, children, or parents of the deceased proceed with the claim. Examples of wrongful death include death caused by a car accident or medical malpractice.
You have two years from the date the decedent passed to file a claim. Please contact our office for a free consultation if you believe you have a wrongful death claim.