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Delaware law

Wrongful Death Laws in Delaware.

Delaware’s wrongful-death statute allows surviving spouses, children, parents, and siblings to recover damages for wrongful death. Actions must generally be brought within 2 years of the death, and Delaware allows recovery of pecuniary and certain non-economic damages.

Last verified: 2026-04-17

State law

Statute of Limitations

2 years from date of death10 Del. C. § 8107

Delaware wrongful-death actions must generally be filed within 2 years of the date of death.

State law

Key Delaware Statutes

Delaware Wrongful Death Statute10 Del. C. §§ 3721 et seq.

Delaware’s wrongful-death statute governs who may bring an action and the damages available to statutory beneficiaries.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Delaware.

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