Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Understanding Delaware Wrongful Death Statutes
Under Delaware law, a wrongful death action allows certain survivors to recover for their loss when a person dies due to another’s negligence or wrongful act. The governing provisions appear in Title 10, Chapter 37 of the Delaware Code (10 Del. C. § 3701 et seq.).
Eligible Beneficiaries
Delaware law specifies which relatives share in the recovery and in what order of priority (10 Del. C. § 3721):
- First priority: Surviving spouse and children share equally.
- If no spouse or children: Parents share equally.
- If no spouse, children, or parents: Siblings share equally.
- If none of the above: Estate receives the recovery for estate distribution rules.
Calculation of Recoverable Damages
Delaware allows recovery of:
- Medical and funeral expenses reasonably incurred (10 Del. C. § 3722).
- Pain and suffering of the decedent before death.
- Pecuniary loss to dependents (loss of financial support and consortium).
A court or jury values these damages. The final judgment includes a single lump sum.
Distribution Process
- Obtain court judgment or settle the claim with a release approved by the court.
- File the judgment with the Register of Wills if the decedent left an estate.
- Petition the Register of Wills for distribution of wrongful death proceeds under 10 Del. C. § 3723 (Distribution of Damages).
- Provide certified death certificate and copies of the court order.
- The Register issues an order directing payment to each beneficiary in their statutory share.
Family agreements can simplify distribution, but court approval ensures all parties’ rights.
Helpful Hints
- Gather proof of relationship for each heir (marriage certificate, birth certificate).
- Keep detailed records of the decedent’s medical and funeral bills.
- Consult the Register of Wills early to understand deadlines and required forms.
- Consider mediation if heirs dispute the distribution shares.
- Timely file any petition for distribution to avoid delay or forfeiture.