Delaware · Death claim: who can ask for help?

Death claim: who can ask for help?

See If You Qualify

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Filing deadline2 years from date of death10 Del. C. § 3724

Deadlines vary with the facts of each case. A lawyer can confirm yours.

Updated

01 · Your filing deadline

What is the deadline in Delaware?

Delaware: 2 years from date of death A lawyer can confirm yours.

2 years from date of death

Source: 10 Del. C. § 3724

Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.

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A lawyer can check which filing rules apply to your circumstances.

02 · Where cases are heard

Where would my case be heard?

Delaware allows 2 years to file a wrongful death claim and imposes no cap on wrongful death damages. Delaware is also a primary venue for mass tort pharmaceutical wrongful death litigation due to its business court infrastructure and Frye expert standard.

10 Del. C. § 3724 governs wrongful death claims in Delaware. Delaware imposes no cap on wrongful death damages. Delaware Superior Court is the primary venue for wrongful death cases. Delaware's business court infrastructure and Frye evidentiary standard for experts have made it a preferred venue for complex pharmaceutical wrongful death litigation. New Castle County handles the largest volume of wrongful death filings.

How this works nationally

For the overall process and updates, read the Death claim: who can ask for help? overview. This page covers the local information available for Delaware.

What happens when I check?

You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.

Live in Delaware? Read what applies in your state.

Register your interest. If a participating law firm takes these cases, it may contact you.

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Sources

  1. 10 Del. C. § 3724