$ millions
recovered For our clients
Wrongful Death Cases Are Complex and Traumatic
Middletown is a beautiful part of the state located in New Castle County. Situated south of Wilmington, it was founded in 1861 and was originally known as “The Head of the Bohemia.” Middletown has a population of approximately 23,000 people and covers an area of about 13 square miles. It is one of the fastest-growing areas in Delaware and has seen significant population growth over the past decade.
With this kind of growth over the years, more and more residents of Middletown are becoming accident victims suffering personal injury leading to wrongful death claims. This requires the need to deal with insurance companies. Wrongful death suits are emotional and traumatic and only Middletown personal injury lawyers can help you seek compensation for you and your family in a wrongful death lawsuit.
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.
WRONGFUL DEATH CLAIMS IN DELAWARE
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:
Car accidents
Motorcycle accidents
Pedestrian accidents
Bicycle accidents
Boating and maritime incidents
Construction site injuries
Medical malpractice
Nursing home negligence
Products liability claims
We understand that wrongful death cases can be extremely traumatic for a surviving family member and those affected by them. We strive to make the process as smooth and stress-free as possible for our clients. We will work diligently on your wrongful death lawsuit to ensure that you receive the compensation you deserve.
Our wrongful death attorneys have the experience and resources to take on difficult cases, and we will fight for justice for those affected by wrongful death due to another’s negligence. We understand that wrongful death brings with it a sense of intense anguish and grief—our team is here to help you through this difficult time.
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.
What Our Clients Say
Wrongful Death & Who Can File
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 lawsuit 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.
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.
Damages That Can Be Recovered in a Wrongful Death Case
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.
Who Can Be Held Responsible in a Wrongful Death Lawsuit?
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.
If You have Been Injured Due To Another's Negligence...
If you’ve been injured due to another’s negligence, it’s important to take certain steps to protect your legal rights and maximize your chances of recovering compensation. Here are some important steps to consider:
- Seek medical attention: Your health and well-being should be your top priority after an injury. Seek medical attention as soon as possible, even if you don't think your injuries are severe. Some injuries, such as concussions, may not be immediately apparent but can have serious long-term effects if left untreated.
- Document the accident: Take photos of the scene of the accident, the damages, and any visible injuries. Get the contact information of any witnesses who may have seen what happened. If there is a police or ambulance report you will want a copy of that as well as any assigned case number.
- Contact an experienced personal injury lawyer: An attorney is the most qualified to help you navigate the legal system and fight for your rights. They can also help you gather evidence to support your case and negotiate with insurance companies on your behalf.
- Don't discuss the accident with anyone: While you may feel the need to discuss what happened, avoid discussing the accident with anyone except for your lawyer, doctors, and other healthcare providers. Insurance companies may try to use statements against you.
- Keep a record of expenses: Keep track of all expenses related to the accident, including medical bills and medical expenses; proof of lost wages; and proof of property damage. This will help you and your personal injury lawyer calculate the damages you may be entitled to recover.
The final piece of advice is to BE PATIENT. Personal injury cases can take time to resolve. It’s important to let your lawyer handle the legal proceedings while you focus on your recovery.
What Will A Personal Injury Attorney Do For Me?
If you are a resident of Dover, DE, or for that matter anywhere in the state, and you have been injured due to someone else’s negligence or intentional act, you may wonder whether you need to hire a personal injury lawyer. Here are some of the ways that personal injury lawyers can assist you:
- Investigate your case: A personal injury lawyer can investigate your case and gather evidence to determine who is responsible for your injuries. This may involve interviewing witnesses, reviewing police reports and medical records, and consulting with experts in various fields.
- Assess your damages: A personal injury lawyer can help you calculate the damages you have suffered as a result of your injury, including medical expenses, lost wages, pain and suffering, and future medical needs.
- Negotiate with insurance companies: Insurance companies are notorious for trying to pay out as little as possible on personal injury claims. Your personal injury lawyers can negotiate with the insurance company on your behalf to ensure that you receive fair compensation for your injuries.
- Represent you in court: If your case goes to court, a personal injury lawyer can represent you and argue your case before a judge and jury. They will present evidence and testimony to support your claim and fight for your rights as a victim.
- Provide legal advice and guidance: A personal injury lawyer can provide you with legal advice and guidance throughout the entire process, from filing your claim to negotiating a settlement or going to court. They can answer your questions and help you make informed decisions about your case.
The bottom line is a serious injury claim is a serious matter. You need time to recover. What you don’t need is emotional energy spent on medical bills and the legal issues that need to be resolved. This is the job of you Delaware personal injury lawyers, here in Dover, DE, Kent County, and throughout the state.
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.
Frequently Asked Questions
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.
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.
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 wrongful death 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.
