Hiring a Wrongful Death Lawyer in Delaware
Who can bring a wrongful death claim in Delaware, the deadline, limits on damages, how lawyers usually charge (contingency fees), how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Delaware: fee rules
| Rules on contingency fees | Contingent fees are allowed except where Rule 1.5(d) or other law prohibits them. A contingent fee agreement must be in a writing signed by the client and state how the fee is figured, including the percentage(s) the lawyer gets on settlement, trial or appeal, the litigation and other expenses deducted from the recovery, and whether expenses are deducted before or after the fee is calculated. It must clearly tell the client about any expenses the client must pay whether or not the client wins. At the end, the lawyer must give the client a written statement of the outcome and, if there is a recovery, the client's share and how it was figured. Lawyers may not charge domestic relations fees contingent on securing a divorce or on the amount of alimony, support or property settlement, or a contingent fee to represent a criminal defendant. |
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| If you disagree with a lawyer's bill | Fee disputes are not handled by the Office of Disciplinary Counsel; it refers them to the Delaware State Bar Association's Fee Dispute Committee, which hears disputes between lawyers and clients (and between successive lawyers on the same matter). To start, the initiating party signs a Petition and an Agreement to Arbitration and delivers them to the Committee Chair (not to the DSBA office). The committee does not give legal advice about fee agreements. ODC referral: https://courts.delaware.gov/odc/complaint.aspx |
| If a lawyer takes your money | The Lawyers' Fund for Client Protection of the Supreme Court of Delaware can reimburse people who suffered financial losses from a lawyer's dishonest conduct. File a signed and notarized Statement of Claim with the Fund at The Renaissance Centre, 405 North King Street, Suite 500, Wilmington, DE 19801 (ARMS_LFCP@delaware.gov); no lawyer is needed. Claims are screened for eligibility and investigated, and the Trustees decide in their discretion whether and how much to pay, considering the money available, the number of claimants and hardship. The Fund also advises reporting attorney theft to the Attorney General's Office and to Disciplinary Counsel. |
Delaware rules to know first
| Who can sue | A wrongful death action is for the benefit of the deceased person's spouse, parents, children and siblings; if there are none, it is for the benefit of anyone related to the deceased by blood or marriage. Damages are divided among the beneficiaries as the verdict directs, and only one action may be brought for a death. Damages for mental anguish are limited to certain close family members in a set order. The statute names the beneficiaries but does not say which person files the lawsuit. Re-verified 2026-10-27. Source: Del. Code tit. 10, §§ 3722, 3724 |
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| Deadline to file | A wrongful death lawsuit must be filed within 2 years after the claim accrues. A death caused by medical negligence falls under the medical negligence deadline (generally 2 years from the injury). Re-verified 2026-10-27. |
Find and check a lawyer
| Lawyer referral service | The Delaware State Bar Association's Online Lawyer Referral Service (OLRS) is strictly a referral service: you submit a request online, and participating attorneys may choose to respond and set an appointment, with "a $35.00 fee for the initial 30 minute interview"; further fees are negotiated with the attorney. The DSBA asks people not to call its office for referrals; the online system is the only way it helps people find a lawyer, and it cannot recommend an attorney. |
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| Check discipline history or file a complaint | The Office of Disciplinary Counsel (ODC) assists the Delaware Supreme Court in regulating lawyers. It evaluates and investigates complaints that a lawyer violated the Delaware Lawyers' Rules of Professional Conduct and may start formal disciplinary proceedings. File the ODC Complaint Form online (preferred), or mail a printed form to ODC, Leonard L. Williams Justice Center, 500 N. King Street, Suite 500, Wilmington, DE 19801; complaints are not accepted in person or by phone, and a separate form is needed for each lawyer. ODC notifies you in writing of the outcome; the process is generally confidential and ODC does not decide fee disputes. Public discipline (disbarment, suspension, interim suspension, public reprimand, transfer to disability inactive status) is listed in the Digest of Lawyer Discipline. Phone: (302) 651-3931. Digest of Lawyer Discipline: https://courts.delaware.gov/odc/digest/ ; FAQs: https://courts.delaware.gov/odc/faqs.aspx |
Free legal help
| Free legal aid | The Delaware Legal Help Link (delegalhelplink.org) is a free online intake, available 24/7, for people who meet certain standards including federal poverty income guidelines; completing an intake does not guarantee representation. It is a collaboration of the Delaware State Bar Association, Delaware Bar Foundation, Delaware Volunteer Legal Services, Widener University Delaware Law School, Community Legal Aid Society, Inc., and Legal Services Corporation of Delaware, the state's LSC-funded legal aid organization. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.