Suffering a personal injury due to someone else’s negligence can be a traumatic experience. The pain and trauma suffered because of someone else’s negligence is even more profound when it involves the death of a loved one. Facing such a tragedy can leave you feeling helpless and uncertain. In these difficult times, seeking the assistance of a knowledgeable Bear wrongful death lawyer from Doroshow, Pasquale, Krawitz, & Bhaya can offer much-needed support and guidance.
While no amount of money can replace a loved one, an empathetic personal injury attorney can help you file a wrongful death claim and pursue compensation for your loss. Reach out today to begin working with a dedicated advocate.
What Is a Wrongful Death Claim?
A wrongful death claim is a specific type of personal injury case where the general standard for liability is negligence, which means failing to act reasonably. To succeed in such a claim, you and your lawyer must demonstrate that the responsible party breached this duty and that this breach directly caused the death.
Negligence is a broad term in a wrongful death claim and could encompass many different acts. Common causes of accidental death include car, truck, and motorcycle wrecks, pedestrian and bicycle accidents, slip and falls, dangerous property conditions, defective products, dangerous medications, and more.
The purpose of restitution in a wrongful death claim is to fairly compensate the family for their loss. Delaware law, as outlined in Del. Code tit. 10 §3724, allows a jury to consider several elements when calculating the award amount. These elements include the loss of financial support, loss of parental or marital care for minor children, and reasonable funeral expenses. Additionally, compensation may be provided for the mental anguish experienced by the surviving spouse and children. In certain cases, if the misconduct that led to the death was particularly reckless or malicious, punitive damages may also be awarded.
A skilled Bear attorney with knowledge of wrongful death claims can help pursue all available forms of compensation owed to a victim’s family.
Who Can File a Claim?
Plaintiffs in a wrongful death claim are generally limited to the victim’s family members. Del. Code tit. 10 §3724 specifically identifies the deceased’s spouse, parent, child, siblings, and those related by blood or marriage as being allowed to bring a wrongful death claim.
How Long do You Have to File?
Delaware puts a time limit on when a wrongful death case may be filed, called the statute of limitations. Del Code Title 10 §8107 gives that time limit as two years after the victim’s date of death. Filing a claim after this time limit has expired may make it difficult to recover restitution.
That is why is it key to consult an attorney about a wrongful death claim as soon as possible. Considering the circumstances, though, it may be difficult to think about or have at the front of the mind. A compassionate lawyer from Doroshow, Pasquale, Krawitz, & Bhaya can manage the legal aspects of the case, allowing you to focus on your grief and healing at your own pace.
Call a Bear Wrongful Death Attorney for Support
Losing a loved one is one of the most devastating experiences you can face, and you might feel overwhelmed. If you have lost a loved one due to someone else’s negligence or recklessness, contacting a Bear wrongful death lawyer can provide the support and legal assistance you need. Our team will handle your case with care, aiming to secure the compensation you deserve and guide you through every step of the legal process. Reach out today to set up a consultation and discuss your case.