Del. C. » Title 10 — Procedure · CHAPTER 37. Survival of Actions and Causes of Action; Wrongful Death Actions · Courts and Judicial Procedure
Delaware Code

10 Del. C. § 3704 (2026)

Personal injury actions

✓ current as of May 2026
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No action brought to recover damages for injuries to the person by negligence or default shall abate by reason of the death of the plaintiff, but the personal representatives of the deceased may be substituted as plaintiff and prosecute the suit to final judgment and satisfaction.

13 Del. Laws, c. 31, §§  1, 2;  22 Del. Laws, c. 210;  Code 1915, §  4155;  Code 1935, §  4638;  10 Del. C. 1953, §  3704;  63 Del. Laws, c. 256, §  3; 
Notes of Decisions
Cited in 26 cases (3 in the last 5 years), 1953–2024 · leading case: Johnson v. Physicians Anesthesia Serv., Pa, 621 F. Supp. 908 (D. Del. 1985).
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Johnson v. Physicians Anesthesia Serv., Pa, 621 F. Supp. 908 (D. Del. 1985). · cites it 7× “10 Del.C. § 3704(a). A separate, coexisting wrongful death action, however, was unknown.”
Loden v. Getty Oil Co., 359 A.2d 161 (Del. 1976). · cites it 4× “10 Del.C. § 3704 provides: “§ 370/†. Personal injury actions “(a) No action brought to recover damages for injuries to the person by negligence or default shall abate by reason of the death of the plaintiff, but the personal representatives of the deceased may be substituted as…”
Yorden v. Flaste, 374 F. Supp. 516 (D. Del. 1974). · cites it 3× “Plaintiffs mistakenly rely on the Delaware Wrongful Death Statute (10 Del.C. § 3704) to support both causes of action.”
Ambrose v. Wheatley, 321 F. Supp. 1220 (D. Del. 1971). · cites it 2× “This action was brought under the Delaware Wrongful Death Statute, 10 Del.C. § 3704(b), and the Civil Rights Act of 1871, 42 U.”
Bennett v. Andree, 252 A.2d 100 (Del. 1969). · cites it 2× “The action is one brought by a widow for wrongful death under 10 Del.C. § 3704. She also sued as administratrix under the Survival Statute, 10 Del.”
Schagrin v. Wilmington Med. Ctr., Inc., 304 A.2d 61 (Del. Super. Ct. 1973). “This is an action by the Administrator of the Estate of the deceased child, against the defendant, operator of the hospital involved, in which damages are sought pursuant to 10 Del.C. § 3704(a), (b). The posture of the case at present is that defendant has moved for summary…”
Jennings v. Goodyear Aircraft Corp., 227 F. Supp. 246 (D. Del. 1964). “10 Del.C. § 3704(b) provides: “Whenever death is occasioned by unlawful violence or negligence, and no suit is brought by the party injured to recover damages during his or her life, the widow or widower of any such deceased person, or, if there is no widow or widower, the…”
Fields v. Huff, 510 F. Supp. 238 (E.D. Ark. 1981). “601 (1949) which states: “All causes of action or proceedings, real or personal, except actions for slander or libel, shall survive the death of the plaintiff .... ” 27 . “All railroads ... shall be responsible for all damages to persons and property done or caused by the…”
Ricks v. Coffelt, 369 A.2d 680 (Del. 1977). “2d 161 (1976), a wrongful death action brought under 10 Del.C. § 3704. The Chief Justice wrote as follows: “If one dies as a result of another’s negligence, it is unreasonable to assume a legislative intent which would permit the tortfeasor, by the excessiveness of his own…”
Patrick J. Nolan, Adm'r of the Est. of John P. McLaughlin Deceased v. Roy W. Sullivan, Jr, 372 F.2d 776 (3rd Cir. 1967). “This action for wrongful death was brought by the personal representative of the decedent under the Delaware Wrongful Death Statute, 10 Del.C. § 3704. The trial of the action without a jury resulted in a judgment in favor of the defendant, and this appeal followed.”
Hassan v. Hartford Ins. Grp., 373 F. Supp. 1385 (D. Del. 1974). · cites it 2× “Plaintiff attempted to secure a judgment in the 1970 suit against the Staffords, first, to compensate for decedent’s injuries and his pain and suffering from the time of his injuries until his death, as authorized by 10 Del.C. § 3704(a), and second, to compensate for the…”
Gott v. Newark Motors, Inc., 267 A.2d 596 (Del. Super. Ct. 1970). · cites it 2× “” Title 10 Del.C. § 3704(b). The case was submitted to the jury for a general verdict based on issues which may be simplified and summarized as follows: 1) Did defendant act negligently by delivering an automobile to deceased which had defective brakes? 2) If defendant was…”
Show all 26 citing cases →
— 10 Del. C. § 3704(a) — 5 cases
Schagrin v. Wilmington Med. Ctr., Inc., 304 A.2d 61 (Del. Super. Ct. 1973). “This is an action by the Administrator of the Estate of the deceased child, against the defendant, operator of the hospital involved, in which damages are sought pursuant to 10 Del.C. § 3704(a), (b). The posture of the case at present is that defendant has moved for summary…”
Johnson v. Physicians Anesthesia Serv., Pa, 621 F. Supp. 908 (D. Del. 1985). “10 Del.C. § 3704(a). A separate, coexisting wrongful death action, however, was unknown.”
Loden v. Getty Oil Co., 359 A.2d 161 (Del. 1976). “10 Del.C. § 3704 provides: “§ 370/†. Personal injury actions “(a) No action brought to recover damages for injuries to the person by negligence or default shall abate by reason of the death of the plaintiff, but the personal representatives of the deceased may be substituted as…”
Hassan v. Hartford Ins. Grp., 373 F. Supp. 1385 (D. Del. 1974). “Plaintiff attempted to secure a judgment in the 1970 suit against the Staffords, first, to compensate for decedent’s injuries and his pain and suffering from the time of his injuries until his death, as authorized by 10 Del.C. § 3704(a), and second, to compensate for the…”
In re Asbestos Litig., 123 F.R.D. 84 (D. Del. 1988).
— 10 Del. C. § 3704(b) — 12 cases
Johnson v. Physicians Anesthesia Serv., Pa, 621 F. Supp. 908 (D. Del. 1985). “10 Del.C. § 3704(a). A separate, coexisting wrongful death action, however, was unknown.”
Yorden v. Flaste, 374 F. Supp. 516 (D. Del. 1974). “Plaintiffs mistakenly rely on the Delaware Wrongful Death Statute (10 Del.C. § 3704) to support both causes of action.”
Ambrose v. Wheatley, 321 F. Supp. 1220 (D. Del. 1971). “This action was brought under the Delaware Wrongful Death Statute, 10 Del.C. § 3704(b), and the Civil Rights Act of 1871, 42 U.”
Jennings v. Goodyear Aircraft Corp., 227 F. Supp. 246 (D. Del. 1964). “10 Del.C. § 3704(b) provides: “Whenever death is occasioned by unlawful violence or negligence, and no suit is brought by the party injured to recover damages during his or her life, the widow or widower of any such deceased person, or, if there is no widow or widower, the…”
Bennett v. Andree, 252 A.2d 100 (Del. 1969). “The action is one brought by a widow for wrongful death under 10 Del.C. § 3704. She also sued as administratrix under the Survival Statute, 10 Del.”
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