Delaware wrongful death claims: who may recover and what losses are considered

A claim created by statute

Delaware's wrongful death action is governed by 10 Del. C. §§ 3721–3725. It allows an action when a death is caused by a wrongful act that would have given the person a claim had they survived. The statute identifies the beneficiaries: generally the spouse, parent, child and siblings of the deceased, and persons related by blood or marriage who were dependent on the deceased.

Only one action is brought for the benefit of all those entitled to recover, so families usually need to coordinate rather than file separately.

Losses the statute recognizes

Section 3724 lists categories a jury may consider, including deprivation of expected pecuniary benefits, loss of contributions for support, loss of household services, reasonable funeral expenses (subject to a statutory limit), and mental anguish suffered by beneficiaries. Which categories apply depends on the relationships and evidence in each family.

A separate survival action under 10 Del. C. § 3701 may pursue claims belonging to the deceased person, such as conscious pain and suffering before death and medical expenses. The two claims serve different purposes.

Timing and estate questions

Delaware's limitation statute, 10 Del. C. § 8107, generally requires a wrongful death action within two years from the date of the injuries that caused the death, which can be earlier than the date of death. Opening an estate may also be necessary for the survival claim. These deadlines should be reviewed promptly.

Talk with someone when you are ready

Michael understands that these conversations are difficult. He can explain the process, review what happened and answer questions about who may bring a claim, without pressure and at no cost for the evaluation.