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Helping Families Understand Their Rights After a Fatal Accident
When a loved one’s death is due to someone else’s negligence, Delaware law allows certain family members to file a wrongful death claim. This type of case is meant to provide financial support, hold the responsible party accountable, and address the real impact the loss has on your family.
In Delaware, these claims are governed by specific rules about who can file, what compensation is available, and how long you have to act. Missing a step early, especially dealing with insurance companies or waiting too long, can affect your ability to recover compensation.
At Schmittinger & Rodriguez, we have been serving Delaware families since 1961. We help you understand whether you have a wrongful death claim and what steps make sense next.
If you’re unsure about your situation, it’s worth having a conversation early.
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Understanding Wrongful Death in Delaware
A wrongful death occurs when a person dies due to another party’s negligent, reckless, or intentional conduct.
Under Delaware law (10 Del. C. §3722), a civil action may be brought when:
A duty of care existed
That duty was breached
The breach caused the person’s death
Most wrongful death cases are based on another person’s negligence, not intentional harm.
The focus is not just what happened, but whether it should have been prevented.
Most Common Causes of Wrongful Death in Delaware
Wrongful death cases in Delaware often stem from specific types of accidents, each tied to a different area of law:
Car accidents: Fatal crashes caused by negligence, DUI, or reckless driving
Truck accidents: Commercial vehicle violations, driver fatigue, or unsafe operation
Workplace accidents: Unsafe conditions, equipment failures, or contractor negligence
Medical malpractice: Misdiagnosis, surgical mistakes, or failure to provide proper care
Defective products: Dangerous or faulty products leading to fatal injuries
Nursing home neglect: Inadequate care, understaffing, or preventable harm
Each type of case follows a different legal path. For example, a workplace fatality may involve workers’ compensation and a third-party personal injury claim, while a medical case requires expert review early.
What Our Clients Say
Most Common Questions
Who Can File a Wrongful Death Claim in Delaware?
Delaware law limits who can file a wrongful death claim, and only one wrongful death action may be brought per deceased person.
Typically, the claim is filed by:
A surviving spouse
Children
Parents
If none are available, a personal representative of the estate may file on behalf of beneficiaries.
Even if multiple family members are affected, the case proceeds as a single claim. That structure affects how financial compensation is handled and distributed.
What Monetary Damages are Available in a Wrongful Death Case?
A Delaware wrongful death claim allows surviving family members to obtain compensation for both financial and personal losses.
These may include:
Medical expenses related to the final injury
Funeral and burial expenses
Lost wages and future financial support
Loss of parental, marital, and household services
Loss of companionship
Mental anguish experienced by surviving family members
In addition, a related survival action may address pain and suffering the deceased experienced before death.
The claim is meant to stabilize the family financially and recognize the broader impact of the loss, not just reimburse expenses.
Who Can Be Held Responsible in a Wrongful Death Lawsuit?
Liability depends on the facts of the case. In Delaware wrongful death lawsuits, responsibility may fall on:
Individual actors (drivers, property owners, professionals)
Employers or companies
Medical providers or healthcare systems
Manufacturers or product distributors
Government entities in limited situations
In many cases, more than one party shares responsibility.
Identifying all responsible parties is critical. It directly affects the amount of compensation available.
How Long Do You Have To File a Wrongful Death Suit in Delaware?
Delaware law sets a strict deadline.
You generally have two years from the date of death to file a wrongful death lawsuit (10 Del. C. §8107).
If the claim is not filed within that timeframe:
The court will likely dismiss the case
Your right to seek compensation is lost
Investigations, medical record reviews, and insurance analysis take time. Waiting too long can limit your options.
What Should You Do After a Wrongful Death?
The steps you take early can affect your case.
Consider:
Preserving medical records and documentation
Avoiding recorded statements to insurers
Speaking with an attorney before accepting any settlement
This is not about rushing into a lawsuit; it’s about protecting your ability to make informed decisions.
Do You Need a Delaware Lawyer For a Wrongful Death Claim?
You are not required to hire a lawyer, but these cases involve multiple legal and practical challenges.
A Delaware wrongful death lawyer helps:
Preserve evidence early
Handle communication with insurance companies
Evaluate long-term financial losses
Navigate Delaware court procedures
Build a case that reflects the full impact of the loss
Insurance companies evaluate risk. Without a properly developed claim, offers are often lower than what may be recoverable.
The Legal Process for a Wrongful Death Claim in Delaware
Most families want clarity on what actually happens, not just legal definitions.
Here’s how a typical Delaware wrongful death case progresses:
Investigation: We gather medical records, accident reports, and witness information.
Liability and insurance analysis: We identify responsible parties and available insurance coverage.
Filing the wrongful death claim: The claim is formally initiated under Delaware law.
Negotiation: Many cases resolve through settlement discussions with insurers.
Litigation (if needed): If a fair resolution is not offered, the case proceeds through Delaware courts.
Resolution: The case concludes through settlement or trial.
Some cases resolve in months. Others take one to three years depending on complexity.
Why Families Choose Schmittinger & Rodriguez
After a fatal accident, most people are not looking for a sales pitch; they want clear answers and steady guidance.
We focus on:
Personalized attention from your Delaware attorney
Deep familiarity with Delaware courts and procedures
A trial-ready approach when needed
Practical, step-by-step guidance
For more than six decades, we have provided dedicated legal representation to our Delaware clients, creating A Tradition of Legal Excellence built on local experience and long-standing relationships in the community.
Speak with a Delaware Wrongful Death Attorney
If your family is dealing with a wrongful death, getting clear legal counsel early can help you understand your legal options and next steps.
Call (302) 674-0140 or request a free consultation.
We serve clients across Delaware from Dover, Middletown, and Rehoboth Beach.