Wrongful Death Attorneys in Delaware

Anyone can be suddenly and seriously injured. In the worst-case scenario, a family member could suffer an unexpected death caused by someone else’s negligence. If that happens, speak to a Delaware wrongful death attorney at Abram, Gulab & Hutchison.

Wrongful death is not unusual. Accidental deaths at construction sites are wrongful deaths. So are fatalities in car accidents. A child who tries to pet an aggressive dog or enters an unlocked swimming pool area can quickly become a wrongful death victim.

A Delaware wrongful death lawyer at Abram, Gulab & Hutchison will investigate the circumstances surrounding your loved one’s death and provide personalized advice about your family’s rights and legal options after such a tragic event.

Who May Bring a Wrongful Death Claim?

You must be a spouse, child, parent, or sibling of a wrongful death victim to file a wrongful death claim in Delaware. If you become our client, Abram, Gulab & Hutchison will identify the party or parties with liability and take appropriate action to hold that party or parties accountable.

Only one wrongful death lawsuit is allowed per family. We will aggressively negotiate for the compensation your family is entitled to by law. Wrongful death claims are usually resolved out of court when the lawyers for each side meet and negotiate privately. In many wrongful death cases, surviving family members obtain compensation and never have to appear in court.

But if the negligent party’s insurance company offers a settlement amount that’s too low or disputes liability for the death and contends that your loved one was the negligent party, you’ll need an attorney’s help. Let Abram, Gulab & Hutchison represent you.

If No Out-of-Court Resolution is Available

If no reasonable settlement offer is forthcoming during the private negotiations, a Delaware wrongful death attorney at Abram, Gulab & Hutchison will take your case to trial and advocate vigorously for justice on your family’s behalf.

No sum of money can compensate for the loss of a beloved family member. The pain may be profound and devastating, but your family’s ability to move positively into the future after a wrongful death is a legitimate and necessary consideration.

When families face the emotional difficulty of a loved one’s unexpected death, they do not need the additional difficulty of financial hardship.

What Can Survivors Recover?

If your family potentially faces financial hardship after a loved one’s wrongful death, you must speak at once to a Delaware wrongful death lawyer at Abram, Gulab & Hutchison about taking legal action.

The damages that family members can recover are categorized as “non-economic” and “economic.” Economic damages reimburse surviving family members for the quantifiable losses a wrongful death entails, such as:

cremation or burial and funeral expenses
the decedent’s final medical expenses
lost wages and benefits that would have been earned if the decedent survived
repair or replacement of property destroyed or damaged in the wrongful death incident

What Are Non-Economic Damages?

Non-economic damages reimburse surviving family members for the non-quantifiable losses they suffer due to a wrongful death, such as:

loss of the decedent’s affection, companionship, and guidance
loss of services the decedent provided
the survivors’ emotional pain and mental anguish

Some states cap the amount a jury may award in a wrongful death case, but not Delaware. Delaware law ensures that a decedent’s family members are not denied any of the compensation they may need. In some wrongful death cases, the awards can be substantial.

In wrongful death cases involving malice or intentional wrongdoing by a defendant, Delaware courts may also order the payment of punitive damages to penalize the defendant and deter negligent conduct in the future.

How Can Your Wrongful Death Claim Prevail?

In Delaware, wrongful death cases are comparable to personal injury cases. Family members and their attorneys in wrongful death cases must prove the same “elements” of a claim that plaintiffs and their lawyers must prove in personal injury cases:

The defendant (the party presumably liable for the death) owed the victim a duty of care.
The defendant’s negligence breached the duty of care owed to the plaintiff.
That negligence was the direct cause of the wrongful death.
As a result of the death, the decedent’s family has suffered compensable damages.
The defendant should compensate the decedent’s family for their losses.

Your wrongful death attorney must prove every element of your claim. Even if your attorney proves that a defendant’s negligence caused your loved one’s death, you can’t recover damages unless your attorney also proves that you have suffered compensable losses.

What is a Survival Action?

In addition to a wrongful death claim, the personal representative of the decedent’s estate may file a separate survival action. Wrongful death lawsuits and survival actions are different legal remedies with different procedures and purposes. A survival action seeks compensation for damages the decedent suffered after the fatal injury but before the moment of death.

Survival actions are the means by which a decedent’s estate can pursue claims that the decedent would have had the right to bring if that person had survived. Survival actions allow the personal injury claims of the decedent to survive the death and be pursued by the decedent’s estate.

The damages awarded for survival actions may include medical bills as well as personal pain and suffering damages, provided the wrongful death was not instantaneous. The award for a survival action goes directly to the deceased person’s estate.

When Should You Contact Abram, Gulab & Hutchison?

If you suddenly lose a spouse, a parent, or a child, focusing on anything but grief may be almost impossible. For your family’s sake, reach out promptly to Abram, Gulab & Hutchison. We will explain your family’s rights and how state law applies in your family’s wrongful death case.

Having the right wrongful death lawyer on your side can make the difference if your family files a wrongful death lawsuit, now or in the future. The legal team at Abram, Gulab & Hutchison has substantial experience representing and prevailing on behalf of wrongful death survivors.

The statute of limitations for filing a Delaware wrongful death claim is two years from the date of the death. Don’t wait two years and scramble to file a claim at the last minute. We’ll need to examine the evidence while it’s fresh and question any witnesses quickly, before their memories fade.

What Else Should Your Family Know About Wrongful Death Claims?

A survivor’s initial consultation with our law firm is free and entails no obligation. If you move forward with a wrongful death lawsuit, you will pay Abram, Gulab & Hutchison no lawyer’s fee unless and until we recover the financial compensation your family is entitled to by Delaware law.

Until we review the details of a wrongful death case, there’s no way to know how long it will take or what your family can recover, but you can be assured that Abram, Gulab & Hutchison will seek the maximum available compensation and settle your case as quickly as possible.

To learn more about wrongful death and your family’s rights, or to start the legal process, call Abram, Gulab & Hutchison at 302-405-7010. If you lose a family member because another person was negligent, having good legal representation is your family’s right.