Has your
loved one been
killed due to negligence? In
Delaware, the victim's surviving spouse, children, beneficiaries,
or dependents are entitled to monetary damages from the
result of their family member’s fatality. Simply
put, if your loved one’s death is caused by the
careless actions of another person it is considered wrongful
death and the victim's family has legal rights.
Contact our Delaware Wrongful
Death Attorneys at Lowenthal and Abrams and let our
experience and resources help you through this difficult
time.
Many wrongful death accidents occur during the holiday
season when tourists and in-state travelers congest the
many highways of our area. This time of year can prove
both devastating and deadly on Delaware roads. In fact,
were you aware the Exit 4 Interchange on Delaware's Route
1 was named the worst intersection in the state?
Have you lost a loved one on any of these heavily
traveled highways?
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Delaware 896 |
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Delaware Turnpike |
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Interstate 95 |
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Delaware 7 South |
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Interstate 295 |
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U.S. 202 |
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State Route 273 |
|
Delaware Memorial Bridge |
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Route 1 |
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U.S. 13 |
No monetary compensation will ever replace your loved
one. You are entitled to damages to
help make your life easier. You will realize that your
bills will begin to increase, mostly due to medical expenses,
funeral costs, and lack of your family member’s income. Contact
Lowenthal
and Abrams today!
The
Types of Damages in Wrongful Death Lawsuits Include:
- Medical and Funeral Expenses
- Loss of the Victim’s Expected Earnings
- Loss of Benefits ( pensions, medical coverage)
- Loss of Inheritance
- Damages for Mental Anguish
- Damages for Pain and Suffering
- Loss of Companionship
In Delaware, punitive damages are
awarded to compensate the plaintiff. As a result, punitive
damages cannot be recovered unless it is proved that the
defendant's conduct caused the victim's fatality
and was intentional, malicious, or egregious.
After the defendant is found negligent, the court will
award pecuniary injury damages.
This is the main measure of damages in
a wrongful death action. Most of Delaware’s
laws provide that the damages awarded shall be fair and
just compensation for the pecuniary injuries to the persons
for whose benefit the action is brought, resulting from
the decedent's death.
When determining pecuniary loss, it is relevant to consider
the age, character and condition of the decedent, his or
her earning capacity, life expectancy, health and intelligence,
as well as the circumstances of the persons bringing the
action.
In this difficult time,
it is important you act now about your wrongful
death case due to the Delaware Statute of Limitations. This
statute states a cause of action for wrongful
death accrues on the date of fatality and must be brought
within two years of that date. This means that your claim
must be received within two years after the death. Most
Delaware courts will dismiss cases if your claim is filed
after the allotted two years.
Contact
our Delaware Wrongful Death Attorneys at
Lowenthal and Abrams and let our experience and resources
help you through this difficult time.
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