A Delaware Complaint for Wrongful Death — Single Count is a legal document filed in the state of Delaware when someone's death is caused by the negligence or wrongful actions of another party. This complaint seeks to hold the responsible party accountable and seeks damages on behalf of the deceased person's survivors. Here is a detailed description of what a Delaware Complaint for Wrongful Death — Single Count entails: 1. Purpose: The purpose of this complaint is to seek compensation for the damages caused by the wrongful death of an individual. It aims to establish liability on the defendant and hold them responsible for their actions or negligence that resulted in the death. 2. Parties involved: The complaint identifies the plaintiff, who represents the survivors and the estate of the deceased individual. The defendant is the party believed to be responsible for the wrongful death. Their name, address, and other relevant details are mentioned in the complaint. 3. Jurisdiction: The complaint states that it is being filed in a Delaware court, indicating that Delaware laws govern the case. It establishes that the court has jurisdiction over the matter, given that the incident leading to the wrongful death occurred within Delaware's jurisdiction. 4. Allegations: The complaint outlines the specific acts or omissions committed by the defendant that led to the death. It presents a detailed description of the event, including dates, locations, and circumstances. The allegations need to demonstrate how the defendant's actions directly caused the death and prove negligence, recklessness, or intentional misconduct. 5. Damages: The complaint quantifies the damages suffered by the survivors due to the wrongful death. This may include economic damages (such as medical expenses, loss of income, funeral costs) and non-economic damages (such as pain and suffering, loss of companionship, emotional distress). The specific amount sought as compensation is mentioned, but it may be subject to later adjustments based on the evidence presented during the legal proceedings. 6. Survival Action: In Delaware, a complaint for wrongful death may also include a survival action count. A survival action allows the estate of the deceased person to claim damages for the pain, suffering, and other losses suffered by the deceased before their death. If included, this count details the damages the deceased individual would have been entitled to seek if they had survived. It's important to note that while a Delaware Complaint for Wrongful Death — Single Count is the most common type of filing, other variations may exist depending on the specific circumstances. These could include multiple defendants, additional claims (such as medical malpractice), or different counts based on different legal theories. However, the specific types of Delaware Complaints for Wrongful Death beyond the single count would need to be provided separately.
Delaware Complaint for Wrongful Death - Single Count
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Click File a Complaint to begin the complaint process in DELPROS. Each complaint should include the name and contact information of the person filing the complaint. This person is called the complainant. ... Each complaint must state the name and location of the person or business the complaint is against. Filing A Complaint - Division of Professional Regulation Delaware.gov ? ... ? Investigative Unit Delaware.gov ? ... ? Investigative Unit
§ 3724. Action for wrongful death. (a) An action under this subchapter shall be for the benefit of the spouse, parent, child and siblings of the deceased person. Subchapter II. Wrongful Death Actions - Delaware Code Online delaware.gov ? title10 delaware.gov ? title10
Rule 11 - Signing of pleadings, motions, and other papers: Representations to Court, sanctions (a) Signature. Every pleading, motion, and other paper shall be signed by at least 1 attorney of record in the attorney's individual name, or, if the party is not represented by an attorney, shall be signed by the party. Representations to Court, sanctions, Del. R. Civ. P. Super. Ct. 11 - Casetext casetext.com ? rule ? pleadings-and-motions ? rul... casetext.com ? rule ? pleadings-and-motions ? rul...
The court will determine the amount of damages based on the following categories of losses: reasonable funeral and burial expenses, up to $7,000. lost wages and benefits that the deceased person would have earned if he or she had lived. loss of contributions for spousal or child support. Wrongful Death Lawsuits in Delaware - Nolo nolo.com ? legal-encyclopedia ? wrongful-d... nolo.com ? legal-encyclopedia ? wrongful-d...
Rule 12. Attorneys of record; withdrawal. (i) Original signature by Delaware attorney. ?Except in the case of a party appearing pro se, all papers filed with the Court shall be signed by an attorney who is an active member of the Bar of this Court and who maintains an office in Delaware for the practice of law. rules of the supreme court of the state of delaware delaware.gov ? forms ? download delaware.gov ? forms ? download
- A counterclaim or crossclaim of which any party may be aware prior to the commencement of the trial on the plaintiffs claim, should be filed by the party in writing no later than five (5) days prior to the time and date of trial. Rule 13 - Counterclaim and Cross-claim, Del. Civ. R. C.P. 13 casetext.com ? rule ? pleadings-and-motions ? rul... casetext.com ? rule ? pleadings-and-motions ? rul...
Whenever any document, paper or testimony in a foreign language is included in any appendix or is cited in any brief, an English translation of such document, paper or testimony, made under the authority of the trial court or agreed by the parties to be correct, shall be included in the appendix. Rule 14 - Briefs and appendices; contents, Del. R. Sup. Ct. 14 casetext.com ? rule ? part-ii-appeals-general ? rule... casetext.com ? rule ? part-ii-appeals-general ? rule...
§ 3901 and Delaware Superior Court Civil Rule 133, all settlements of tort claims brought my minors (through his/her parent, guardian, etc.) in the state of Delaware are required to be approved by the Delaware Superior Court. The approval process commences by filing a petition for court approval of a minor settlement. Delaware Minor Tort Claim Settlement Approval Process Requirements ... regerlaw.com ? delaware-minor-tort-claim-s... regerlaw.com ? delaware-minor-tort-claim-s...