The death of a family member caused by another person’s carelessness is heartbreaking. While no amount of money can bring them back, Delaware law allows certain family members to seek compensation. Understanding what damages you might recover can help you make informed decisions during this difficult time.
Economic damages you may pursue
Economic damages represent the financial losses your family has suffered due to your loved one’s death. These are usually easier to calculate because they involve actual dollar amounts.
You may be able to recover medical expenses that you paid before your loved one passed away. This includes emergency room visits, hospital stays, surgeries and any other treatment related to the fatal injury. Wrongful death claims can also include funeral and burial costs, though Delaware law limits this specific recovery to a statutory cap of $7,000.
Lost income is another important part. If your loved one was working and bringing money into the household, you could seek payment for the wages and benefits they would have earned throughout their expected lifetime. This also includes the value of services they provided, such as childcare or household maintenance.
Non-economic damages available to families
Non-economic damages address the intangible losses that accompany the loss of a family member. While these are harder to quantify, they represent very real suffering.
Loss of companionship and consortium are significant considerations in Delaware wrongful death cases. This includes the emotional support, guidance, love and relationship you shared with the deceased. For children who lost a parent, this might include the loss of the parental guidance and nurturing they would have received.
While you cannot recover damages for your loved one’s pre-death pain and suffering through a wrongful death claim, you may recover them by filing a separate legal action called a survival action. Additionally, some families may pursue compensation for their own mental anguish and emotional distress resulting from the loss.
Delaware law specifies who can file a wrongful death claim and receive these damages. In Delaware, the surviving family members (such as the spouse, children, parents, or siblings) file the wrongful death lawsuit directly for their own benefit, rather than the personal representative of the estate. Every wrongful death case is unique, and the damages available depend on your specific circumstances and the details of how your loved one passed away. Understanding your legal options is essential.