Injured? Request a Free Case Review Talk to an Attorney Now!

Delaware Local Accident Resources

Free Case Review

Charities That Local Accident Reports Supports

Delaware Local Accident Resources

Fatal Car Accidents in Delaware Today

Have you recently lost a loved one in a fatal accident? Reach out to our team at Local Accident Reports today to start your path toward healing. We’re here to help make sure you have access to the resources you need. If you have recently suffered a tragic loss due to a terrible car, truck, or motorcycle accident in Delaware, you are not alone. Unfortunately, many families suffer from this very situation every year. We know you must be reeling with shock, grief, confusion, and stress as you try to figure out what to do next.  You might be facing financial strain, particularly if the person who passed away was someone you relied on for income. When a person is killed due to the negligence of another, certain members of their surviving family may be eligible to recover compensation by filing a wrongful death lawsuit. If you have lost a loved one, taking legal action may be the furthest thing from your mind. However, by partnering with our team at Local Accident Reports, you ensure that all financial and legal matters arising from the accident are handled with your and your family’s best interests in mind. While no verdict or settlement will turn the clock back to a time before the accident, having financial security can take a huge amount of stress off as you attempt to move forward. Whether or not you are entitled to pursue wrongful death damages through a lawsuit will be determined by various factors, including the specific events surrounding the accident. Here at Local Accident Reports, we can help you get connected with a wrongful death attorney in your local area so you can determine your best path forward. We have been helping victims and their families move forward after fatal car accidents for years. Call us today to see how we can help you.   

Call a lawyer

Resources for the Families of Delaware Wrongful Death Victims

Moving on and putting your life back together following a fatal car accident is one of the most challenging things you will ever have to do. Many Delaware families of wrongful death victims are forced to cope with figuring out what to do about a loss of income due to the death. Whatever problems you might be facing after losing a loved one in a fatal car accident or being injured in one yourself, there are numerous resources available for help, and we have curated a list for you here.

If an Accident Has Left Your Family Without Income

If a wrongful death has left your family without any money coming in, try calling your local SSI office. The federal Supplemental Security Income program pays benefits according to need.

If You Need a Copy of Your Police Accident Report

No more than 24 hours after the responding officer finishes their investigation of your car accident, they must send their findings as an official report to the Delaware Division of Motor Vehicles. A copy of this report will be kept on file for at least 36 months. To get a copy of your accident report, you must mail a written request to: Delaware State Police Traffic Operations Section P.O. Box 430 Dover, DE 19903 Each copy of a standard crash report is $25. Fatal crash reports are $60. Getting a copy of the crash report right away is essential. Not only can it serve as an important piece of evidence in your case, but you will also need time to review it and ensure it does not contain any inaccurate information. If you have difficulties obtaining your accident report, our team at Local Accident Reports can assist you in getting a complimentary copy.   

Call a lawyer

If You Are Having Mental Health Issues

Many of the families of wrongful death victims experience psychological hardship following such a traumatic event. It is common for victims to endure depression, night terrors, anxiety, and post-traumatic stress disorder. If you or someone you love need help coping with mental health issues arising from a Delaware car accident, you can contact:  

  • National Alliance on Mental Illness: The National Alliance on Mental Illness is the biggest grassroots mental health organization in the United States. They have a hotline that connects trauma victims with someone who can offer you support, resources, and information when you need it.  
  • Support Groups in Delaware: This list will help you connect with mental health professionals in your area so that you can receive the help you need when you are struggling with the aftermath of a serious car accident or the wrongful death of a loved one. 

If You Lost Money due to Criminal Activity

When the costs associated with a severe car accident start piling up, many people have no idea where to turn for the help they need, especially if the case involves a criminal act such as a hit-and-run or drunk driving accident. 

If Your Accident Involved a Drunk Driver

When someone decides to get behind the wheel when they have had too much to drink, they endanger the lives of everyone around them. In Delaware, the legal blood-alcohol level for drivers is as follows: ]

  • 0.08% for regular drivers
  • 0.04% for commercial drivers
  • 0.02% or more for underaged drivers

When it comes to driving under the influence of drugs, there is no BAC involved. Police will usually give a blood test to determine if somebody was driving with drugs in their system at the time. Then, an arrest will be made, and the person can be held liable for your accident in many cases. If you are looking for a resource that can give you the help you need after a drunk driving accident, the most widely used is:  

  • Mothers Against Drunk Driving: This nonprofit organization can help you work toward recovery after being involved in an accident caused by a drunk driver. They have a 24-hour helpline as well as many other resources.  
Call a lawyer

Wrongful Death FAQs

This section will address frequently asked questions regarding wrongful death in Delaware, providing insights into the legal framework, who is eligible to file a claim, the types of damages that may be recovered, and the statute of limitations governing such cases. We will explore common concerns families face when pursuing justice for their loved ones, including the necessary steps in filing a wrongful death claim, the role of an attorney, and how Delaware’s laws differ from those in other states.
 
What Is a Delaware Wrongful Death Claim?

A wrongful death claim is a lawsuit brought against the individual, business, or other entity that is liable for the death. For instance, if your loved one died after being hit by a drunk driver, then that driver can be held responsible for the accident, and the ensuing wrongful death claim would be brought against the drunk driver.

Unlike a criminal case, a wrongful death lawsuit is not intended to punish the at-fault party. Rather, its goal is to compensate the victim’s surviving family members for the damages, both economic and non-economic, they incurred due to the untimely and preventable death of their family member. 

When one person dies due to the negligence or deliberate malfeasance of another, their death is considered wrongful. Although not every death falls into this category, if you lost a family member under these circumstances, you may be entitled to compensation. 

One of the leading causes of wrongful deaths in the United States is motor vehicle accidents. These include:

  • Car Accidents: Drivers who are aggressive, distracted, or under the influence are the number one cause of fatal car accidents. The majority of wrongful death cases involve drivers who are responsible for the deaths of other road users, including motorcyclists and pedestrians. 
  • Commercial Truck Accidents: Commercial truck drivers have a duty to prevent accidents by operating their vehicles as safely as possible. If the trucker is an independent contractor, financial recovery might need to come from multiple insurance policies, making the claim far more complicated.  
  • Motorcycle Accidents: Motorcycle riders are at a much greater risk of injury and wrongful death because of their limited visibility and smaller stature. Motorcyclists are particularly vulnerable in collisions involving bigger vehicles.

Any death can be wrongful if negligence plays a role. If your family member was killed, you will have to prove that the four elements of negligence were present for your wrongful death claim to be valid. The four elements you need to prove are:

  • Duty: You must effectively establish that the defendant owed the deceased a legal duty of care. In other words, the defendant had an obligation to behave the way a reasonable person would have behaved in the same or a similar situation. A person’s duty of care varies depending on the situation at hand. In terms of driving, all motorists have a duty to operate their vehicles in a safe and prudent manner pursuant to the law.  
  • Breach: Once a duty of care between the defendant and the deceased has been established, it must be proven that the defendant breached this duty. Saying that the defendant “breached their duty” is simply another way of saying they were negligent. As before, the breach will look different from situation to situation. A driver who is under the influence has breached the duty of care they owe to other drivers.  
  • Causation: After a breach of duty has been proven, it must then be shown that the violation was the direct and immediate cause of the fatal injuries. Just because a defendant breached their duty of care does not automatically mean they are liable for the death.  
  • Damages: The final element needed to successfully demonstrate a wrongful death is to prove that the deceased’s passing generated quantifiable monetary damages. These damages typically include medical bills accrued before the death, funerary costs, loss of the financial contributions the deceased would have made to the household, loss of inheritance, protection, and guidance, as well as the mental anguish, pain, and suffering of the surviving family members. 

According to Delaware law, only surviving relatives who are statutory beneficiaries are eligible to bring a wrongful death suit. The lawsuit itself will be filed by the executor of the deceased’s estate on behalf of the beneficiaries, who are recognized in the following order:

  • Surviving children and spouses have the first right to file. If their parents are deceased, then the victim’s grandchildren may file. 
  • If no surviving spouse, children, or grandchildren exist, then parents, siblings, and other relatives who were financially dependent on the deceased may file a suit.
  • If the deceased has a surviving spouse but no surviving children or grandchildren, then the spouse and the parents of the deceased may file. 
  • If the deceased is survived by none of the aforementioned relatives, then other family members may file according to the state’s intestacy laws. 

It is sad but worth noting that if the court learns that the surviving parents abandoned the deceased during childhood, it can choose to negate any wrongful death award that would otherwise have gone to them.

Figuring out who is entitled to file a wrongful death lawsuit is complicated. Our team at Local Accident Reports can ensure you fully understand your rights and help you navigate the process.

Wrongful death lawyers in Delaware typically work on a contingency fee basis, meaning they do not charge any upfront fees to the families seeking legal representation. Instead, the attorney’s payment is contingent upon the case’s successful outcome—usually a settlement or a court award. If the lawyer can recover compensation on behalf of the family, they will receive a percentage of the total amount as their fee. This arrangement can benefit grieving families, allowing them to pursue justice and compensation without the added financial burden of hourly legal fees.

Working on a contingency fee basis also motivates attorneys to diligently work toward achieving the best possible outcome for their clients, as their compensation depends on winning the case. It provides peace of mind to the families, knowing their attorney is committed to fighting for their rights. Additionally, suppose the attorney does not win the case. In that case, the family typically does not owe any legal fees, making this arrangement a low-risk option for pursuing wrongful death claims in Delaware.

Multiple forms of damages could be available to the deceased’s surviving family members in a wrongful death claim, including: 

Lost Wages

If the deceased’s household was financially dependent on them, then they might be eligible to collect damages to compensate them for the monetary contributions they will no longer receive. For instance, if you are a stay-at-home mom and your husband is the breadwinner, you could be entitled to collect damages for all the paychecks he will no longer be providing. 

Medical Expenses

If the deceased received medical care before their death, then family members could be eligible for damages covering these medical expenses. For example, suppose the deceased died in a commercial truck accident. In that case, their hospital bills for emergency transportation, paramedic services, surgery, diagnostic testing, hospitalization, etc., should be included in their total compensation.  

Funeral and Burial Costs

A wrongful death is usually a sudden death. Families have almost no time to prepare. In Delaware, the average funeral can cost more than $9,000. The wrongful death lawyers at Local Accident Reports will work hard to secure fair compensation for your loved one’s passing so you do not have to cover these expenses out of your pocket.  

Pain and Suffering

Pain and suffering are among the non-economic damages you may be eligible for in a wrongful death claim. These damages are meant to compensate surviving relatives for the mental anguish and emotional distress the wrongful death has caused them.  

Loss of Consortium

Loss of consortium, also known as loss of fellowship, is a subset of pain and suffering damages. Over the decades, the definition of loss of consortium has changed considerably. At first, these damages could be obtained by the deceased’s spouse as they were intended to indemnify them for the loss of marital relations. As time passed, however, loss of consortium damages have been extended to other relatives, such as the deceased’s children. This is due to the fact that they no longer have the affection, love, and guidance of their mother or father. If a parent loses a child, they can collect loss of consortium damages if the child acted as their caregiver.

Punitive Damages

Punitive damages are, in rare cases, awarded to surviving relatives. These are meant to penalize the defendant for wanton or willful misconduct. In other words, if the defendant’s extreme carelessness, recklessness, or maliciousness was the cause of your loved one’s death, the court could potentially award punitive damages.

The statute of limitations for a Delaware wrongful death case is two years from the day of the victim’s passing. When you lose a family member, the last thing on your mind is probably a lawsuit. However, due to the two-year deadline, it is important to take action as quickly as possible. Medical costs, funeral expenses, and other large financial demands can accrue quite quickly. It is in your and your family’s best interests to get the ball rolling right away. If this deadline passes before your claim is filed, it will be thrown out, and you will be prohibited from collecting any financial recovery. 

Fatal Delaware Car Accident Statistics

In Delaware, tens of thousands of car accidents resulting in injury or death take place every year. In 2023, 89 people were killed in car accidents across the state, a decrease from 103 the year before. Another 59,404 people were seriously injured. The leading causes of these fatal and injury-causing accidents were:

  • Driver Error: Far and away, the single most common cause of Delaware motor vehicle accidents is driver error. Negligent driving actions such as failure to yield, improper lane changes, improper turns, following too closely, and running a stop sign or red light make up more than 30% of all car accidents.  
  • Speeding: Drivers exceeding the posted speed limit were responsible for 20% of all traffic accidents and 46% of all traffic fatalities.
  • Distracted Driving: In 2021, distracted driving was the cause on record for 17% (more than 20,000) of all car accidents. The three main forms of distracted driving were cellphone use, rubbernecking, and looking at something other than the roadway.  
  • Driving Under the Influence: Every year, roughly 6% of all car accidents are alcohol-related, as are 26% of all fatal car accidents. In other words, a great deal of accidents involving drunk drivers are fatal.   

Although these three factors are the largest contributors to car accidents in Delaware, they are not the only ones. If you were injured in a car accident through no fault of your own, you must partner with a skilled car accident lawyer to hold the at-fault driver liable for their negligence.

Delaware Grief & Trauma Resources

Resources by State

Contact Local Accident Reports Today

If you are trying to cope with the loss of a loved one because of someone else’s negligence, you might be unsure if you have a valid wrongful death claim. The experienced and compassionate team at Local Accident Reports can listen to the details of your situation and help direct you to a local attorney who can help you. 

We understand that nothing can undo what has happened, but we are here to help as much as we can. You do not need to endure the hardships of such a tragic loss alone. If you would like to speak with us about the best way to proceed with your case, please call us at (888) 657-1460.

Request Your Free Case Review Now

Motor Vehicle Crash Deaths by Road User Type and State

Car Occupants

Car Occupants

45

Pickup and SUV Occupants

Pickup and SUV Occupants

24

Large Truck Occupants

Large Truck Occupants

00

Motorcyclists

Motorcyclists

10

Pedestrians

Pedestrians

33

Bicyclists

Bicyclists

5

Scroll to Top