Middletown Wrongful Death Lawyers
Compassionate advocacy when a loved one dies in a preventable accident
Tragically, many accidents such as car, truck, and vehicle accidents are fatal. Most deadly accidents are preventable if drivers and others act responsibly. At Silverman, McDonald & Friedman, we understand your need to grieve. We also understand your right to hold those who cause the death of your mother, father, spouse, child, or sibling accountable. Our Middletown wrongful death lawyers will guide you through this difficult time. We’ll fight for all the compensation that family members deserve. Please contact us now to discuss how we can help you honor your loved one’s life and restart the process of living yours.
How can we help?
What types of accidents in Middletown are fatal?
Silverman, McDonald & Friedman represents the families of loved ones who died in any type of accident including the following:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Uber accidents
- Workplace accidents
- Construction accidents
- Accidents caused by defective products
- Slip and fall accidents
Who is responsible for the death of my loved one?
Our Middletown wrongful death lawyers work with investigators, the police, traffic reconstruction experts, product safety experts, building code officials, and many other experts to determine how the accident that took the life of your loved one happened and who is responsible.
We file your claim against all responsible parties. The defendants generally include the following depending on the type of accident:
- Vehicle accidents. Drivers, employers of drivers, vehicle owners, trucking companies, repair companies, sellers of alcohol when accidents are caused by drunk drivers, vehicle part manufacturers, and others.
- Workplace accidents. We file wrongful death claims against manufacturers of defective equipment on behalf of all workers. We also file wrongful death claims against employers when the worker is an independent contractor. Generally, the family of a deceased employee files a workers’ compensation claim to receive workers’ compensation death benefits.
- Defective products. If your family member dies due to defective vehicle parts, equipment, household appliances, children’s products, or other defective products – we file a product liability claim against the manufacturers, distributors, and retailers who made and sold the product.
- Property or construction site owners. We bring claims against property owners, construction site owners, architects, engineers, repair companies, and other people and businesses who were responsible for keeping the property or construction site safe.
We’ll explain who the defendants are when we handle any other type of accident claim.
Who has the right to receive wrongful death benefits in Middletown?
In Delaware, the beneficiaries are the spouse, parents, children, and siblings of the family member who dies. We’ll explain when and how unmarried fathers qualify. We’ll also explain if children who are born out of wedlock, stepchildren, and adopted children qualify.
If none of these beneficiaries are present, then the wrongful death action is brought on behalf of “any person related to the deceased person by blood or marriage.” For example; aunts, uncles, nephews, and nieces may qualify. Grandchildren may qualify if their parent (the child of the deceased) is not alive.
Generally, the personal representative of the estate files the wrongful death claim on behalf of the qualifying family members.
You must file a wrongful death claim within two years from the date of the accident. Some shorter exceptions may apply such as if the defendant is a governmental agency. Please contact us as soon as possible.
What amount of damages are awarded in wrongful death claims?
Our Middletown wrongful death lawyers work with your loved one’s employer and with financial professionals to determine the value of the family’s claim. We demand the following damages, as authorized by Delaware’s wrongful death statute:
- Loss of expected pecuniary benefits (financial support) each beneficiary would have received had the accident not happened.
- The loss of support contributions such as child support.
- The “loss of parental, marital and household services, including the reasonable cost of providing for the care of minor children”
- The reasonable funeral and burial costs up to $7,000 subject to certain conditions.
- The mental anguish of the surviving spouse and next-of-kin of such deceased person – subject to certain conditions that we’ll explain.
The damage award can also include punitive damages if the wrongdoer’s conduct was maliciously intended or due to “reckless, willful, or wanton misconduct,” as determined by a separate finding.
How does a wrongful death action differ from a personal injury action?
Wrongful death actions require experienced trial lawyers who also have the compassion and empathy to help you at the very time your sadness, anxiety, and anger are at their maximum. At Silverman, McDonald & Friedman, we’ll answer all your questions, respect your feelings, and guide you calmly and clearly through the claims process. We’ll be your shoulder to cry on.
Some of the unique challenges in handling wrongful death claims are:
Proving your case when your loved one isn’t there to testify
Delaware has rules of civil procedure that ensure fairness because your loved one can’t testify. Generally, the defendants who cause the death of a loved one cannot testify about liability – under certain conditions.
Since your loved one is not alive, we need to show how the accident happened through the testimony of your loved one. We generally show liability by having other people explain what happened. These people usually include the police officer who investigated the accident and our own investigators and any eyewitnesses such as surviving passengers or witnesses who were in other cars. In addition, we may call traffic reconstruction experts, product safety experts, and other witnesses who can establish liability.
Our Middletown wrongful death lawyers will also provide evidence from the county coroner and any doctors who treated your loved one.
Working with the police and prosecution if they file criminal charges
In some cases, the conduct of the defendants may result in the filing of criminal charges. A common example is when the police file driving while intoxicated charges because a drunk driver took your family member’s life. Normally, the criminal case will proceed first. We work with the prosecution to introduce the conviction or the evidence (such as the results of breath tests) into evidence in your civil case.
Speak with our Middletown personal injury lawyers today
At Silverman, McDonald & Friedman, our caring lawyers have the experience and working relationships to hold those responsible for the death of your loved one accountable. We’ll fight to obtain civil justice for your loved one and help honor your loved one’s wishes that family members live their best lives possible. Many wrongful death claims do settle. When there isn’t a settlement, we’re ready to argue before a jury why the defendants should be liable and why the family should receive all the compensation Delaware law permits.
Please call our Middletown wrongful death lawyers or fill out our contact form to schedule a free consultation. We have offices throughout Delaware. We handle wrongful death cases on a contingency fee.