Yes. Under 10 Del. C. § 3724, children of a deceased parent are listed beneficiaries of a Delaware wrongful death action and may recover for loss of parental support and guidance, mental anguish, and other statutory damages. The recovery generally applies to minor and adult children, though the nature of the loss differs by age and circumstance. Court approval and structured arrangements are typically required for minors’ shares.
Losing a parent at any age is a profound loss. Delaware’s wrongful death statute recognizes this loss and allows children — including adult children — to recover for the harms they suffer when a parent’s death is caused by another’s negligence.
The Detailed Answer
Children as Statutory Beneficiaries
10 Del. C. § 3724 lists the deceased’s children among those who may benefit from a wrongful death claim. The statute does not impose an age cap; adult children remain beneficiaries.
Categories of Damages for Children
- Loss of parental support — financial contributions the parent would have made over time.
- Loss of guidance, training, and counsel — particularly for minor children, the loss of an active parental presence in development, education, and moral guidance.
- Loss of household services — the parent’s role in caring for children, transportation, meals, and other day-to-day functions.
- Mental anguish — the statute generally permits recovery of mental anguish for the statutory beneficiaries.
Minor vs. Adult Children
Minor children typically have stronger claims for loss of guidance, training, and ongoing parental support because the parent’s role would have continued throughout childhood. Adult children may recover where evidence supports their loss, often including mental anguish and, in some cases, ongoing financial or practical support.
Protecting Minors’ Recovery
Settlements involving minors generally require court approval. Courts often direct that funds be placed in structured settlements, court-supervised accounts, or special needs trusts to protect the child’s interests until adulthood.
Comparative Fault
Under 10 Del. C. § 8132, recovery is reduced by the deceased parent’s percentage of fault, if any.
What This Means for Your Case
Documenting the parent’s role in each child’s life — financial, emotional, and practical — is central to the claim. Photographs, school records, family routines, and personal testimony all contribute. Joseph M. Jachetti has experience handling Delaware wrongful death matters. See the broader wrongful death overview, and pages on fatal car accidents and fatal truck accidents for related contexts.
Related Questions
Q: Do stepchildren qualify?
Adopted children are generally treated as biological children. Stepchildren without legal adoption may face limitations under § 3724.
Q: Are there separate claims for each child?
The wrongful death action is a single case for all beneficiaries, but each child’s individual losses are presented and considered.
Q: What about a child born after the parent’s death?
A child conceived but not yet born at the time of death is generally treated as a beneficiary in Delaware.
When to Talk to a Delaware Wrongful Death Lawyer
Children’s losses can be undervalued without thorough documentation. A Delaware wrongful death attorney can help present each child’s harm fully.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.