Wrongful Death Lawyer Dover, DE

What's the difference between wrongful death and negligence?

Negligence and wrongful death are legal notions that are linked but separate. Negligence is defined as a party's failure to exercise reasonable care, which results in harm to another person. This could involve irresponsible driving, medical malpractice, or hazardous property conditions. When negligence causes significant injury, the sufferer can file a personal injury claim to obtain compensation. Wrongful death is when someone dies as a result of negligence or intentional misbehavior. In such circumstances, the victim is no longer able to seek justice, therefore their family or estate representative initiates a wrongful death lawsuit to recover damages. Funeral fees, lost income, medical bills, and mental distress may all be considered damages. The main distinction is that negligence cases involve injuries in which the victim lives, whereas wrongful death cases involve fatalities. Wrongful death claims may also include compensation for the effects on remaining family members, such as loss of companionship or financial assistance. At The Sharma Law Firm, we handle both negligence-based personal injury and wrongful death cases. 

How can you file a lawsuit for wrongful death?

Suing for wrongful death entails multiple legal processes, and working with an experienced attorney can help make the process go more smoothly. First, you must establish your eligibility to file the action. In Delaware, wrongful death claims are often brought by the deceased's spouse, children, parents, or other legal beneficiaries. Your attorney will then research the matter, obtaining evidence such as medical records, accident reports, witness testimonies, and expert testimony to demonstrate that the defendant's negligence or misbehavior caused the death. Once the proof is gathered, your attorney will file a wrongful death claim in the appropriate court. The defendant, who is typically an individual, business, or medical provider, will be given the opportunity to respond. The case may then go to talks, where agreements are frequently obtained outside of court. If a fair arrangement cannot be reached, the case may be tried, with a judge or jury deciding the outcome. Funeral expenses, lost income, medical bills, and emotional suffering are all possible damages in a wrongful death case.

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The Sharma Law Firm
1326 S Governors Ave # 101
Dover, DE 19904
(302) 205-3116
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