Delaware law gives the surviving spouse, children, parents, or siblings of those killed in accidents caused by the negligence of another person or entity the ability to file a wrongful death lawsuit and seek compensation for economic and non-economic losses related to their loved one's death. Which of these relatives has a claim depends on who else has a claim. Examples of wrongful death damages include:
- Reasonable funeral and burial expenses
- Wages and benefits the victim would have provided
- Loss of financial support
- Loss of love, care, companionship, or guidance
- Loss of marital, parental, or household services
- Mental anguish
While wrongful death claims address losses surviving family members incurred as a result of their loved one's death, they don't address the losses the victim incurred before passing away. Fortunately, Delaware law has a legal mechanism for doing just that: the survival action.
Brought by an eligible surviving family member or the representative of the victim's estate, a survival action allows claimants to fight for compensation for their deceased loved one's economic and non-economic damages, including accident-related medical expenses the victim incurred prior to death, property damage repair or replacement costs, lost wages, pain and suffering, and more.
Talk to an Experienced Delaware Attorney About Your Survival Action or Wrongful Death Case
Losing someone you love because of another person's negligence can be absolutely devastating. While the compensation obtained via a survival action or wrongful death claim can never fill the hole their death left in your life, it can ensure that the at-fault party is held financially accountable and give you the support your beloved family member would have wanted.
Do you have questions about filing a survival action or wrongful death claim in Delaware? The skilled attorneys with the Morris James Personal Injury Group can help you understand your legal rights and options for compensation. If collecting a financial award for your family member's pain and suffering is important to you, our attorneys can advise you on how to build a strong survival action. Contact us today to schedule an appointment for a complimentary, no-obligation initial case consultation.