Wrongful Death Claims

Common Causes of Wrongful Death in Delaware

Our DE personal injury law firm handles wrongful death claims arising from a wide range of fatal incidents, including:

• Car accidents

• Truck and commercial vehicle accidents

• Motorcycle crashes

• Pedestrian and bicycle accidents

• Drunk or distracted driving accidents

• Workplace and construction accidents

• Maritime and boating accidents

• Defective products

• Medical malpractice

• Nursing home abuse or neglect

• Industrial and toxic exposure

• Catastrophic injuries that later prove fatal

If your loved one’s death could have been prevented, you may have a valid wrongful death claim.

Who Can File a Wrongful Death Lawsuit in Delaware?

Under Delaware law, wrongful death claims are typically filed by the personal representative of the deceased person’s estate. Compensation is pursued on behalf of eligible surviving family members, which may include:

• A surviving spouse

• Children of the deceased

• Parents of the deceased

• Other dependents or beneficiaries, depending on the circumstances

Our attorneys help families understand who has standing to file and ensure claims are brought properly and on time.

Damages Available in a Wrongful Death Claim

Wrongful death claims seek compensation for both financial and emotional losses suffered by surviving family members.

Economic damages may include:

• Funeral and burial expenses

• Medical bills related to the final injury or illness

• Loss of the deceased’s income

• Loss of future earning capacity

• Loss of household services and support

Non-economic damages may include:

• Loss of companionship

• Loss of parental guidance

• Emotional pain and suffering

• Mental anguish

• Loss of consortium

In certain cases involving extreme negligence or misconduct, additional damages may be available.

How Wrongful Death Cases Differ From Criminal Charges

A wrongful death lawsuit is a civil action, separate from any criminal case that may arise from the same incident.

• Criminal cases are brought by the state and focus on punishment

• Wrongful death cases are brought by families and focus on compensation

• A civil claim can proceed even if no criminal charges are filed

• The burden of proof in civil court is lower than in criminal court

Our firm handles wrongful death cases regardless of whether a criminal case is pending or has concluded.

How We Investigate Wrongful Death Claims

Wrongful death cases require thorough investigation and careful handling. At Schuster Jachetti LLP, we build strong cases by:

• Investigating the circumstances surrounding the death

• Reviewing accident reports and medical records

• Working with medical experts and specialists

• Consulting accident reconstruction professionals

• Identifying all liable parties

• Preserving physical and digital evidence

• Calculating long-term financial losses

• Managing communication with insurers and opposing parties

We prepare every case as if it will go to trial, even while pursuing fair settlements.

Several state laws may impact a wrongful death lawsuit in Delaware:

• Most wrongful death claims must be filed within two years of the date of death

• Delaware applies a modified comparative negligence rule

• Multiple parties may share liability in fatal accidents

• Strict procedural requirements apply to estate-based claims

Missing deadlines or filing improperly can jeopardize a case, which is why early legal guidance is critical.

Why Families Choose a Delaware Wrongful Death Lawyer

Insurance companies and corporations often move quickly to limit their exposure after a fatal accident. Having experienced legal representation protects families during a vulnerable time.

At Schuster Jachetti LLP, we:

• Handle all legal and insurance communications

• Protect families from aggressive adjusters

• Pursue full and fair compensation

• Provide compassionate, respectful guidance

• Keep families informed throughout the process

• Allow loved ones to focus on healing while we handle the legal burden

We understand the emotional weight of these cases and treat every family with dignity and care.

Speak With a Delaware Wrongful Death Lawyer Today

If your loved one died due to another party’s negligence, you deserve answers, accountability, and support. Schuster Jachetti LLP is here to help families pursue justice and financial security after a tragic loss.

Call today for a free consultation. We will listen to your story, explain your legal options, and help you take the next step forward.