Wrongful Death Lawsuits in Delaware
Who can bring a wrongful death claim in Delaware, the deadline to file, and any limits on damages.
Short answer: 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. Del. Code tit. 10, §§ 3722, 3724
| Who can sue for wrongful death | 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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| Wrongful death deadline | 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. |
More Delaware personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Delaware
- Medical Malpractice Rules in Delaware
- Car Accident Claims in Delaware
- Dog Bite Liability in Delaware
- Slip, Trip and Fall Injuries in Delaware
- Sidewalk and Public Property Falls in Delaware
- Motorcycle Accident Claims in Delaware
- Pedestrian Accident Claims in Delaware
- Bicycle Accident Claims in Delaware
- Uber and Lyft Accident Claims in Delaware
- Construction Site Injuries in Delaware
- All Delaware personal injury & wrongful death rules
FAQ
Who can file a wrongful death lawsuit in Delaware?
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.
How long do you have to file a wrongful death lawsuit in Delaware?
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).
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.