This form is a general sample wrongful death complaint requiring the user to supply facts giving rise to the complaint.
Delaware Complaint regarding Wrongful Death
State:
Multi-State
Control #:
US-PI-0306
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint Regarding Wrongful Death?
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FAQ
In Delaware, wrongful death actions can be brought by any of the following people: the deceased person's surviving spouse. a surviving parent of the deceased person. the deceased's surviving children, and/or. the surviving siblings of the deceased person.
Survival of Actions and Causes of Action. § 3701. Causes of action generally. All causes of action, except actions for defamation, malicious prosecution, or upon penal statutes, shall survive to and against the executors or administrators of the person to, or against whom, the cause of action accrued.
§ 8119. Personal injuries. No action for the recovery of damages upon a claim for alleged personal injuries shall be brought after the expiration of 2 years from the date upon which it is claimed that such alleged injuries were sustained; subject, however, to the provisions of § 8127 of this title.
Delaware uses the doctrine of modified comparative negligence to determine liability in personal injury cases. Under the comparative negligence rule, the plaintiff who files a personal injury lawsuit can recover damages as long as he or she was not more than 50% at fault for the accident.
The amount of time you have to file a personal injury case in Delaware varies depending on the specifics of each case. Here are some general statutes of limitation: Negligence: 2 years.
Statute of limitations. (a) Except as provided in subsection (e), an action to enforce the obligation of a party to pay a note payable at a definite time must be commenced within six years after the due date or dates stated in the note or, if a due date is accelerated, within six years after the accelerated due date.
Section 8106 - Actions subject to 3-year limitation (a) No action to recover damages for trespass, no action to regain possession of personal chattels, no action to recover damages for the detention of personal chattels, no action to recover a debt not evidenced by a record or by an instrument under seal, no action ...
§ 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.