request a consultation

(302) 674-0140

Pay Your Bill
CONTACT US

Dover Wrongful Death Lawyers

NO FEE UNLESS WE WIN

get a free consultation

$ millions

recovered For our clients

You Deserve Compensation For Someone Else's Negligence

At Schmittinger & Rodriguez, wrongful death is our priority—we are dedicated to helping victims of wrongful death and their families get the justice they deserve for a loved one’s death. We are there for you as your lawyer and hope to also provide emotional support as you go through the grieving process as well as the wrongful death suit.

A Schmittinger & Rodriguez wrongful death lawyer will have extensive experience handling wrongful death cases arising from a variety of accidents, including but not limited to:

CONTACT US

What is Wrongful Death & Who Can File a Wrongful Death Claim in Delaware?

Wrongful death is a legal claim that arises when someone dies as a result of another person or entity’s negligent, reckless, or intentional act. In Delaware, the surviving spouse, children, or parents of the deceased person can file a wrongful death claim. However, if the deceased person does not have any surviving spouse, children, or parents, then the claim may be filed by a personal representative on behalf of the deceased person’s estate. The personal representative may be appointed by the court or named in the deceased person’s will.

Wrongful death claims in Delaware can arise from a wide range of circumstances, including car accidents, medical malpractice, workplace accidents, and product liability cases. It is important to note that the burden of proof for an untimely death in a wrongful death case is on the plaintiff, and they must show that the defendant’s actions caused the death of the victim. If successful, the plaintiff may be entitled to compensation for damages such as medical expenses, funeral, and burial expenses, lost income and benefits, loss of companionship, and pain and suffering.

get a free consultation
Get Started Today

Contact Schmittinger & Rodriguez

If you have been injured due to someone else’s negligence, don’t hesitate to contact Schmittinger & Rodriguez. Our experienced attorneys will provide you with the legal counsel and representation that you need to get the best possible outcome for your case. Contact us today for a free consultation – YOUR CASE. OUR PRIORITY.

get a free consultation
our reviews

What Our Clients Say

get answers

Most Common Questions

Main Causes Of Wrongful Death
What Damages Can be recovered
Who can be held responsible
statute of limitations

What Are The Main Causes Of Wrongful Death In Delaware?

Wrongful death lawsuits can arise from a wide range of circumstances in Delaware, and the specific causes of wrongful death can vary from case to case. However, some of the most common causes of wrongful death in Delaware include:

    • Car accidents: Car accidents are a leading cause of wrongful death in Delaware. If a driver’s negligence, recklessness, or drunk driving causes a fatal accident, they may be held responsible for the victim’s death.

    • Medical malpractice: Medical malpractice can occur when a healthcare provider fails to provide adequate care, misdiagnoses a condition, or makes a medical error that results in a patient’s death.

    • Workplace accidents: Workplace accidents can occur in a variety of industries, from construction to manufacturing to healthcare. If an employer fails to provide adequate safety measures, equipment, or training, and a worker is killed as a result, the employer may be held responsible for the wrongful death.

    • Product liability: When a defective product causes a person’s death, the manufacturer, distributor, or seller of the product may be held responsible for the wrongful death.

    • Nursing home abuse and neglect: If a nursing home resident dies as a result of abuse or neglect by the staff or facility, the nursing home may be held responsible for the wrongful death.

It is important to note that these are just a few examples of the types of cases that can lead to a wrongful death claim in Delaware. An experienced Delaware lawyer can help the surviving family members determine whether they have a viable wrongful death claim and pursue compensation for their losses. If you have lost a loved one due to the actions or negligence of another, it is important to consult with an experienced Delaware lawyer as soon as possible to protect your legal rights and ensure that you receive the compensation you deserve.

What damages can be recovered in a wrongful death case in Delaware?

In a wrongful death action in Delaware, the surviving family members may be able to recover monetary damages for various losses resulting from the death of their loved one. The types and amount of damages that can be recovered for the unexpected death depend on the specific circumstances of the case. Some of the wrongful death damages that can be recovered in a wrongful death suit in Delaware include:

    • Medical expenses: The family members may be able to recover compensation for the medical expenses incurred by the deceased person prior to their death.

    • Funeral expenses and burial expenses: The family members may also be able to recover compensation for the costs associated with the deceased person’s funeral and burial.

    • Lost wages and benefits: If the deceased person was the primary breadwinner for the family, the surviving family members may be entitled to compensation for the income and benefits that they have lost as a result of the death so they have some financial support.

    • Loss of companionship: The surviving family members may also be entitled to compensation for the loss of companionship and support that they have suffered as a result of the death which has caused mental anguish.

    • Pain and suffering: If the deceased person suffered before their death, the surviving family members may be entitled to compensation for the pain and suffering that their loved one endured.

It is important to note that the amount of damages that can be recovered in a wrongful death case in Delaware may be limited by law. An experienced Delaware lawyer can help the surviving family members determine what damages they may be entitled to and how to pursue them in a wrongful death case.

get a free consultation

Who can be held responsible in a wrongful death case?

As in any personal injury case, in wrongful death lawsuits in Delaware, one or more parties may be held responsible for the death of the victim. The specific parties that can be held responsible will depend on the circumstances of the case. Some examples of parties that may be held responsible in a wrongful death case in Delaware include:

    • Individuals: If the death was caused by the actions of an individual, such as a driver in a car accident or a doctor in a medical malpractice case, that individual may be held responsible for the victim’s death.

    • Corporations: If the death was caused by the actions of a corporation, such as a product defect or workplace safety violation, the corporation may be held responsible for the victim’s death.

    • Government entities: If the death was caused by the actions of a government entity or employee, such as in a police brutality case, the government entity or employee may be held responsible for the victim’s death.

    • Property owners: If the death was caused by a hazardous condition on someone’s property, such as a slip and fall accident, the property owner may be held responsible for the victim’s death.

It is important to note that the burden of proof in a wrongful death case is on the plaintiff, and they must show that the defendant’s actions caused the decedent’s death. Experienced Delaware wrongful death lawyers can help determine who may be held responsible for the victim’s death and help the surviving family members pursue a wrongful death claim to obtain compensation for their losses.

What is the statute of limitations for filing a wrongful death claim in Delaware?

In Delaware, wrongful death claims must be filed within two (2) years of the date of the deceased person’s death. This two-year period is known as the “statute of limitations.” If a wrongful death claim is not filed within this time period, the surviving family members may lose their right to seek compensation for their losses and recover the financial support they need as a result of the untimely death of their family member.

At Schmittinger & Rodriguez, our team of experienced wrongful death attorneys can help you navigate the legal process and maximize your chances of obtaining fair and just compensation for your wrongful death claim.

We understand that no amount of money can bring back your loved one or replace what was lost—but we are here to fight for justice on your behalf and ensure that those responsible are held accountable. Our wrongful death lawyers have decades of experience and are committed to providing you with the highest quality legal representation throughout every step of your wrongful death case. Your case is our priority, and we will do everything we can to help you seek justice for the wrongful death of your loved one. Contact Schmittinger & Rodriguez today to discuss your wrongful death claim in Delaware.

The Benefits of Hiring an

Experienced Wrongful Death Lawyer

Hiring an experienced wrongful death lawyer offers several key advantages to individuals who have lost a loved one as a result of wrongful death. First, our Delaware wrongful death attorneys will be able to handle all aspects of their case, from investigation and evidence gathering to settlement negotiations or litigation if necessary. Our law firm and wrongful death attorneys have the experience and knowledge of the law and civil lawsuits needed to successfully navigate the legal system on your behalf.

Furthermore, having an experienced attorney and legal team represent you during negotiations with insurance companies can help ensure that your rights are protected and that you receive fair compensation. Furthermore, while it is possible to pursue a case without a lawyer, studies have shown that those who have a wrongful death attorney representing them recover more than twice the amount of money than those who do not.

get a free consultation

Why Schmittinger & Rodriguez
Is Right For You

At Schmittinger & Rodriguez, we understand how difficult and stressful it can be to deal with a wrongful death case. Our team has decades of combined experience handling wrongful death cases, and we know how to effectively deal with insurance companies to ensure that our clients get the compensation they deserve.

We will work diligently to ensure that the negligent party is held accountable for their actions by:

    • Investigating all details of the slip and fall incident

    • Examining property records or other relevant evidence

    • Obtaining all available insurance coverage documents from the defendant

    • Building a strong case through evidence gathered

We also have a deep understanding of Delaware law, local laws, and all the legal issues, and will provide dedicated legal representation throughout your case. Our experienced attorneys are committed to providing you with personalized attention and will fight hard to get you the best possible outcome for your case. If you or someone you love has a wrongful death case, contact Schmittinger & Rodriguez today so that we can help you obtain justice and fair compensation for your losses. YOUR CASE. OUR PRIORITY.

get a free consultation

Wrongful Death FAQs

How do we prove negligence or fault in a wrongful death case?

To prove negligence or fault in a wrongful death case, the plaintiff must show that the defendant had a duty of care to the victim, that the defendant breached that duty of care, and that the breach caused the victim's death. Evidence such as eyewitness testimony, expert opinions, and medical records may be used to support the plaintiff's case.

What evidence do we need to prove our case?

The evidence needed to prove a wrongful death case varies depending on the specific circumstances of the case. Generally, evidence such as medical records, eyewitness testimony, police reports, and expert opinions may be used to support the plaintiff's case.

How long does it take to resolve a wrongful death case in Delaware?

The timeline for resolving a wrongful death case in Delaware depends on the specific circumstances of the case, including the complexity of the legal and factual issues involved, the willingness of the parties to negotiate a settlement, and the court's calendar. Some cases may be resolved within a few months, while others may take several years to reach a resolution.

What is the role of the jury in a wrongful death case?

In a wrongful death case, the jury's role is to determine whether the defendant is liable for the victim's death and if so, the amount of damages to be awarded to the plaintiff. The judge is responsible for providing legal guidance and making decisions regarding the admissibility of evidence and other procedural matters.

Can a settlement be reached before a trial in a wrongful death case?

Yes, a wrongful death settlement can be reached before a trial in a wrongful death case. In fact, most wrongful death cases are settled before trial through negotiations between the parties.

Attorney Advertising Materials: Schmittinger and Rodriguez is responsible for the content of this website. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. Each case is unique. Past results do not guarantee future outcomes.

Website Accessibility: Schmittinger and Rodriguez is committed to ensuring digital accessibility for people with disabilities We are continually working to improve the accessibility of all content on our website and applying the relevant accessibility standards.

Dover

414 South State Street
Dover, DE 19901
(302) 674-0140

Middletown

651 N Broad Street, Suite 203
Middletown, DE 19709
(302) 378-1697

Rehoboth Beach

18489 Coastal Highway, 2nd Floor
Rehoboth Beach, DE 19971
(302) 227-1400

Attorney Advertising Materials: Schmittinger and Rodriguez is responsible for the content of this website. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. Each case is unique. Past results do not guarantee future outcomes.

Website Accessibility: Schmittinger and Rodriguez is committed to ensuring digital accessibility for people with disabilities We are continually working to improve the accessibility of all content on our website and applying the relevant accessibility standards.

Copyright © 2024 Schmittinger & Rodriguez. All Rights Reserved.

Areas We Serve | HTML Sitemap | XML Sitemap | Privacy Policy | Disclosures

Facebook Instagram Twitter Linkedin

CONTACT US

Skip to content