Wrongful Death Lawsuits in Delaware

Each state has its own set of laws governing how wrongful death claims are handled in civil court. In this article, we'll examine some key points of Delaware law as it applies to these kinds of cases, including who may file a wrongful death lawsuit, the kinds of losses that can be compensated, and the state's time limit on filing this type of lawsuit.

Definition of "Wrongful Death" in Delaware

Delaware's wrongful death law (Delaware Code title 10, §§ 3721 to 3725 (2025)) states that a civil case may be brought against an individual or entity "whose wrongful act causes the death of another." A "wrongful act" is defined as any "act, neglect or default" that, if the deceased person had lived, could have been the basis for a personal injury lawsuit.

Many types of events can be the basis for a wrongful death claim, including:

• a negligence-based incident (such as a car accident)
• medical malpractice, or
• intentional act (including a crime).

What's the Difference Between a Wrongful Death Case and a Criminal Homicide Case?

It's possible for a single act to result in criminal charges and a wrongful death claim. In other words, a person can be sued for wrongful death in civil court, even when facing criminal charges related to the same death. But there are key differences between these kinds of proceedings.

Civil Versus Criminal Consequences

As in other types of personal injury lawsuits, the defendant's liability in a successful wrongful death case is expressed solely in terms of financial compensation ("damages") that the court orders the defendant to pay to the deceased person's survivors. This is one major difference between a wrongful death lawsuit and a criminal homicide case, where a conviction can result in jail or prison time, fines paid to the state, probation, and other penalties.

Civil Versus Criminal Burdens of Proof

Another big difference between a criminal prosecution for homicide and a wrongful death civil lawsuit: In criminal court, the accused's guilt must be established "beyond a reasonable doubt"—a very high bar for the prosecution to clear. In a civil lawsuit, the defendant's liability must be shown only "by a preponderance of the evidence," meaning it's more likely than not that the defendant is responsible for the death. Learn more about proving liability in a wrongful death case.

Who Can File a Wrongful Death Lawsuit in Delaware?

Each state's laws specify who can file a wrongful death lawsuit on behalf of a deceased person. In Delaware, wrongful death actions can be brought by any of the following people:

• the deceased person's surviving spouse
• a surviving parent of the deceased person
• the deceased's surviving children, and/or
• the surviving siblings of the deceased person.

If no spouse, parent, child, or sibling has survived the deceased person, a wrongful death claim may be filed by any person related to the decedent by blood or marriage.

Learn more about who can file a wrongful death lawsuit.

How Much Is a Delaware Wrongful Death Case Worth?

In a successful Delaware wrongful death lawsuit, the court orders the defendant to pay "damages"—or the plaintiff's claimed losses—to the deceased person's survivors.

Every case is unique, so there's no universal answer when it comes to the value of a Delaware wrongful death case. The court will determine the amount of damages based on the following categories of losses:

• reasonable funeral and burial expenses, up to $7,000
• lost wages and benefits that the deceased person would have earned if he or she had lived
• loss of contributions for spousal or child support
• loss of parental, marital, and household services, including the reasonable cost of caring for minor children, and
• mental anguish of the surviving spouse and next of kin resulting from the death.

Some states cap the amount of damages that can be awarded to a plaintiff in a wrongful death suit, but Delaware has no such limit. Learn more about damages that might be available in a wrongful death case.

Deadline for Wrongful Death Lawsuits in Delaware

Wrongful death lawsuits must be filed within a certain period of time, set by a law known as a "statute of limitations." In Delaware, the statute of limitations that applies to wrongful death claims sets a filing deadline of two years from the date of the deceased person's death. Claims filed after the two-year deadline has passed are almost always going to be barred from court. (Del. Code tit. 10, § 8107 (2025).)

Getting Help With a Delaware Wrongful Death Case

Some kinds of legal issues are fine to handle on your own. A wrongful death claim isn't one of them.

Even if the defendant's liability for the death is clear, you'll need to come up with an accurate valuation of the case—including all past and future damages—and present the information in a way that's understandable. If you're thinking of filing a wrongful death lawsuit in Delaware, it's a good idea to consult a personal injury attorney. An experienced lawyer can explain how the law might apply to your specific situation, and will put your best case together to ensure a fair result.