Who Can File a Wrongful Death Claim in Delaware

By the FigureMyTax Editorial Team · How we calculate

Delaware's wrongful death statute uses a two-tier structure — a close primary group, and a broader extended-family fallback that only kicks in when the primary tier is empty.

First priority: spouse, children, and parents

Under 10 Del. C. §3724(a), the spouse, children, and parents of the deceased have first priority to bring the wrongful death action. These parties can file individually or jointly, without needing a will or formal estate plan to establish their standing.

Extended family, only if none of them survive

If no spouse, child, or parent survives the decedent, §3724(b) extends the right to file to any person related to the deceased by blood or marriage — a meaningfully broader category that only becomes relevant when the primary tier is empty.

One action, even with multiple beneficiaries

Though eligible parties can file individually or jointly, Delaware law allows only one wrongful death action per death under §3724(e). Damages are then divided among the beneficiaries in shares directed by the verdict, proportioned to each person's actual injury from the death.

This is general information, not legal advice. Beneficiary eligibility is fact-specific. Confirm who qualifies in your situation with a licensed Delaware attorney.