Delaware Wrongful Death Attorneys
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?
- Delaware 896
- Delaware Turnpike
- Interstate 95
- Delaware 7 South
- Interstate 295
- U.S. 202
- State Route 273
- Delaware Memorial Bridge
- Route 1
- 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.