The financial and emotional aftermath of a fatal accident can be overwhelming. Delaware law provides a defined set of recoverable damages, and understanding them helps families plan for the case and make informed decisions about settlement.
The Detailed Answer
Categories Under 10 Del. C. § 3722
Delaware’s wrongful death damages statute generally permits recovery of:
- Lost wages and benefits — what the deceased would have earned and contributed to the family over the work-life expectancy.
- Loss of household services — the value of work the deceased would have done at home (childcare, home maintenance, transportation).
- Loss of parental support and guidance — for surviving children, the loss of advice, training, and care.
- Loss of consortium — for the surviving spouse, the loss of companionship, society, and support.
- Mental anguish — the statute permits recovery of mental anguish suffered by the statutory beneficiaries.
- Funeral and burial expenses — reasonable amounts for these final costs.
How Damages Are Proven
Proof typically includes:
- Tax returns and pay records establishing earnings history
- Vocational and economic testimony projecting future earnings
- Family testimony about the deceased’s role at home
- Photographs, videos, and personal testimony for non-economic damages
- Funeral home invoices and related receipts
The Survival Action
Damages the deceased experienced between injury and death — pain, suffering, medical bills, lost wages from injury to death — are recovered through the separate survival action under 10 Del. C. § 3701, not the wrongful death statute.
Comparative Negligence
Under 10 Del. C. § 8132, recovery is reduced by the deceased’s percentage of fault and barred if the deceased was more than 50% at fault.
What This Means for Your Case
Documenting both economic and non-economic damages is critical. The deceased’s role in the family — emotionally, financially, and practically — should be presented thoroughly so the factfinder understands the loss. Joseph M. Jachetti has experience handling Delaware fatal injury matters. For more, see our wrongful death overview and pages on fatal car accidents and fatal truck accidents.
Related Questions
Q: Are punitive damages available?
Punitive damages may be available in cases involving particularly egregious conduct, though they are not part of every wrongful death claim.
Q: Can adult children recover mental anguish damages?
Yes, when they are listed beneficiaries under § 3724 and the evidence supports the loss.
Q: What if the deceased was retired?
Lost wages may be limited, but loss of services, consortium, and mental anguish damages may still apply.
When to Talk to a Delaware Wrongful Death Lawyer
Documenting the full range of damages takes time and the right professionals. A Delaware wrongful death attorney can help coordinate the effort.
Free Consultation
Free consultation. No fee unless we recover compensation for you.
📞 Call (302) 984-1000
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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📞 Call (302) 984-1000
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.