Few moments are harder than losing a family member to someone else’s negligence. The grief is immediate. The financial questions come right behind it. How do we pay the bills? What about the lost income? Is there anyone responsible, and is there a way to hold them accountable without making the worst time of our lives even more difficult?
At Schuster Jachetti LLP, we handle Delaware wrongful death cases with the patience and care these cases require. We represent surviving spouses, children, parents, and personal representatives across the state. We move at the family’s pace, explain every step, and protect the file from carriers and defense counsel who do not always respect what the family is going through.
Joseph M. Jachetti has been admitted to the Delaware Bar since 1998. Before practicing law, he spent ten years as an insurance claims adjuster. Wrongful death claims are some of the highest-exposure files an insurer handles. Knowing how those carriers think is part of how we prepare these cases. Hablamos Español.
We approach these cases knowing that the family is in the worst chapter of their life. We do not push. We listen. We answer the legal questions when the family is ready to hear them. And we hold the line against carriers and defense lawyers who would rather close the file at a discount because grieving families are not always in a position to fight back on their own.
How Wrongful Death Cases Work in Delaware
Delaware’s Wrongful Death Act is found at 10 Del. C. § 3724. The Act creates a cause of action when a person dies as a result of another party’s wrongful act, neglect, or default — an act that, if the person had survived, would have allowed them to bring a personal injury claim.
The Act identifies the family members who may recover, including the surviving spouse, children, parents, and, in certain circumstances, siblings. The action is generally brought by the personal representative of the estate on behalf of the eligible beneficiaries. There can also be a parallel “survival action” under Delaware law for the pain, suffering, and economic losses suffered by the decedent before death — that recovery flows to the estate.
The deadlines are firm. The Wrongful Death Act has its own two-year statute of limitations, generally measured from the date of death rather than the date of the underlying injury. Other statutes can apply when the death was caused by medical negligence (Delaware Medical Negligence Act, 18 Del. C. § 6801 et seq.) or when a government entity is involved. Notice deadlines for governmental defendants can be very short. The earlier the family talks to a lawyer, the more options they have.
The underlying liability theory tracks the cause of death — auto crash, medical malpractice, premises hazard, construction accident, defective product, or assault. The same comparative negligence rule in 10 Del. C. § 8132 applies to the decedent’s conduct.
Opening a Delaware estate is generally a precondition to bringing a wrongful death suit. The Register of Wills in the county where the decedent resided handles the appointment of the personal representative (executor or administrator). Once appointed, that person has authority to make legal decisions on behalf of the estate, including hiring counsel and signing settlement documents. We coordinate with probate counsel where needed and walk families through the steps so the litigation does not stall on procedural delays.
Allocation of any recovery between the wrongful death claim (which goes to eligible beneficiaries) and the survival action (which goes to the estate) matters for tax purposes and for the rights of any creditors of the estate. Delaware law and the courts handle that allocation through specific procedures, and getting it right protects the family.
Common Types of Wrongful Death Cases We Handle
We handle Delaware wrongful death cases that arise from many different events, including:
- Fatal motor vehicle accidents — including fatal DUI crashes and high-speed collisions.
- Fatal truck and commercial vehicle accidents — involving FMCSR violations and corporate defendants.
- Fatal construction accidents — falls, struck-by, and electrocution incidents.
- Fatal medical malpractice — including missed diagnosis and surgical errors.
- Nursing home neglect deaths — pressure ulcers, falls, infections, and medication errors.
- Fatal premises injuries — including drownings, falls, and negligent security incidents.
- Fatal pedestrian and bicycle crashes
- Fatal workplace accidents — with both workers’ comp death benefits and third-party claims.
- Defective product fatalities — equipment, vehicles, and consumer goods.
- Assaults and intentional acts — civil claims separate from any criminal case.
Who Can Be Held Liable
The defendants in a wrongful death case track the underlying event. Possibilities include:
- Negligent drivers and trucking companies.
- Property owners, landlords, and businesses.
- General contractors and subcontractors.
- Medical providers, hospitals, and nursing homes.
- Manufacturers of defective products.
- Government entities — subject to short notice deadlines.
- Bars or restaurants in limited circumstances involving impaired drivers.
- Private security companies and individuals in negligent-security cases.
Identifying the responsible parties early is critical because evidence in fatal cases evaporates quickly. Vehicles get sold, scenes get cleaned, and witnesses move on.
Multi-defendant cases are common in fatal incidents. A fatal trucking crash may involve the driver, the trucking company, the broker, and the shipper. A fatal nursing home case may involve the facility, the corporate parent, the management company, and certain individual providers. Sorting out who belongs in the case — and who does not — is part of the early case work. Filing against the right defendants from the start is far cleaner than amending later under deadline pressure.
Damages a Family May Be Able to Pursue
Under Delaware’s Wrongful Death Act, eligible family members may be able to pursue compensation for:
- Loss of financial support — the income the decedent would have provided.
- Loss of services — childcare, household work, and similar contributions.
- Loss of companionship and consortium — for a spouse and, in appropriate cases, other family.
- Mental anguish — suffered by eligible family members.
- Funeral and burial expenses
In a parallel survival action brought by the estate, recoverable damages may include:
- Pre-death medical expenses
- Pre-death pain and suffering
- Pre-death lost wages
In cases involving willful or reckless conduct, Delaware law may permit punitive damages. We never promise outcomes. We work to obtain compensation on your behalf based on a complete and respectful presentation of the loss.
The economic side of a wrongful death case is built carefully and respectfully. Lost financial support is generally calculated by an economist using the decedent’s earnings history, employment trajectory, retirement contributions, healthcare costs, and personal consumption. The numbers are not pulled out of the air — they are tied to documents, tax returns, and reasonable, qualified-witness assumptions about the future. Loss of services and loss of companionship are presented through the lived experience of the family, supported by people who knew the decedent.
How Insurance Companies Handle These Claims
Joseph Jachetti spent 10 years as an insurance claims adjuster before practicing law. He knows how insurers evaluate and minimize claims — and uses that knowledge on behalf of every client.
Wrongful death files get sent to senior adjusters and outside defense counsel right away. The carriers know the exposure. Common tactics include reaching out to the family early with quick releases, framing the decedent’s conduct as a contributing factor, disputing economic loss calculations, and pushing for closure before a vocational economist or estate accountant has been retained.
We work with grieving families on their timeline. We send preservation letters, secure scene and vehicle evidence, and retain qualified medical witnesss to value the economic loss. We also coordinate with the Register of Wills, the personal representative, and (where appropriate) probate counsel so the recovery is structured properly under Delaware law.
One pattern worth flagging: in fatal motor vehicle and trucking cases, the carrier sometimes sends a representative to the funeral home or directly to the family’s home within days. Recorded statements, sympathy gestures, and small early payments all create a record that the carrier will reference later. Families do not have to engage with adjusters in the immediate aftermath of a death. Letting counsel handle the communications is appropriate and protects everyone involved.
Steps to Take After a Loved One’s Death
There is no script for this. If you are in this position, the following steps generally help protect the family’s options:
- Take care of immediate matters. Funeral arrangements, employer notification, and family support come first.
- Identify a family point person. Someone to take notes and handle paperwork on the family’s behalf.
- Preserve evidence quietly. Photos, vehicles, equipment, and the scene if applicable.
- Hold off on signing documents. Insurance carriers may approach with quick offers or releases. Have an attorney review anything before signing.
- Save records. Medical bills, hospital records, employment information, and tax records.
- Be cautious with social media. Posts about the case can be used by the defense.
- Talk to a Delaware wrongful death lawyer when you are ready. A consultation does not commit you to anything.
Frequently Asked Questions
How long do we have to file a wrongful death claim in Delaware?
Delaware’s Wrongful Death Act generally allows two years from the date of death. Medical negligence cases follow the Delaware Medical Negligence Act timeline, and claims against governmental defendants can have notice deadlines measured in months. The right answer depends on the underlying cause of death.
Who can bring a wrongful death claim in Delaware?
The Wrongful Death Act identifies eligible beneficiaries, including the surviving spouse, children, parents, and, in some cases, siblings. The action is typically brought by the personal representative of the estate on behalf of the family. We help families navigate that process and coordinate with probate when needed.
How much does a Delaware wrongful death lawyer cost?
We handle wrongful death cases on a contingency fee — no fee unless we recover for the family. Initial consultations are free, private, and no-pressure. We advance case costs and recoup them from the recovery.
What is a wrongful death case worth?
The value depends on the decedent’s age, earning history, family situation, the strength of liability, and the available insurance coverage. We provide a realistic range only after we have the records, the relevant economic information, and qualified-witness input where appropriate.
Do we have to go to court?
Some wrongful death cases settle before suit, especially when liability is clear and coverage is sufficient. Others require litigation. We do not push families toward trial for the sake of trial. We do prepare every case as if it could be tried, because that preparation is what makes a meaningful settlement possible.
Does a wrongful death claim affect the criminal case?
The civil wrongful death case and any criminal case (such as a DUI vehicular homicide prosecution) are separate proceedings. The criminal case is brought by the state and seeks penalties against the defendant. The civil case is brought by the family and seeks compensation. They run on parallel tracks and resolve on different timelines, and the outcome of one does not control the other — though evidence developed in the criminal case can sometimes be useful in the civil case.
How is a settlement divided among family members?
Delaware law and the court oversee the distribution of wrongful death proceeds among eligible beneficiaries. We help the family work through that allocation in a way that honors the decedent and protects every eligible family member, with court approval where required. The allocation between the wrongful death recovery and any survival action recovery is a separate question and is handled through specific Delaware procedures.
Schuster Jachetti LLP Serves Grieving Families Across Delaware
You can reach our team through any of our four offices:
- Wilmington — (302) 966-8684
- Smyrna — (302) 775-0728
- Georgetown — (302) 877-9524
- Lewes — (302) 527-9513
Sitewide intake: (302) 984-1000. We can meet at your home, at one of our offices, or by phone or video. Learn more about Joseph Jachetti’s background and approach.
Talk to a Delaware Wrongful Death Lawyer Today
If your family lost someone and you have questions about whether there is a legal claim, take it at your own pace. The conversation is free, private, and there is no obligation to do anything more than listen. We answer questions, we explain options, and we take the next step only when the family is ready.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. Past results do not guarantee a similar outcome.
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