(a) An action under this subchapter shall be for the benefit of the spouse, parent, child and siblings of the deceased person.
(b) If there are no persons who qualify under subsection (a) of this section, an action shall be for the benefit of any person related to the deceased person by blood or marriage.
(c) In an action under this subchapter, damages may be awarded to the beneficiaries proportioned to the injury resulting from the wrongful death. The amount recovered shall be divided among the beneficiaries in shares directed by the verdict.
(d) In fixing the amount of damages to be awarded under this subchapter, the court or jury shall consider all the facts and circumstances and from them fix the award at such sum as will fairly compensate for the injury resulting from the death. In determining the amount of the award the court or jury may consider the following:
(1) Deprivation of the expectation of pecuniary benefits to the beneficiary or beneficiaries that would have resulted from the continued life of the deceased;
(2) Loss of contributions for support;
(3) Loss of parental, marital and household services, including the reasonable cost of providing for the care of minor children;
(4) Reasonable funeral expenses not to exceed $7,000, or the amount designated in § 5546(a) of Title 29, whichever is greater;
(5) Mental anguish resulting from such death to the surviving spouse and next-of-kin of such deceased person. However, when mental anguish is claimed as a measure of damages under this subchapter, such claim for mental anguish will be applicable only to the surviving spouse, children and persons to whom the deceased stood in loco parentis at the time of the injury which caused the death of the deceased, parents and persons standing in loco parentis to the deceased at the time of the injury which caused the death of the deceased (if there is no surviving spouse, children or persons to whom the deceased stood in loco parentis), and siblings (if there is no surviving spouse, children, persons to whom the deceased stood in loco parentis at the time of the injury, parents or persons standing in loco parentis to the deceased at the time of the injury which caused the death of the deceased).
(6) In any action for wrongful death, punitive damages may be awarded only if it is found that the death was maliciously intended or was the result of reckless, wilful or wanton misconduct by the tortfeasor and may be awarded only if separately awarded by the trier of fact in a separate finding from any finding of compensatory damages which separate finding shall also state the amounts being awarded for each such category of damages.
(e) Only 1 action under the subchapter lies in respect to the death of a person.
(f) For the purposes of this section, a person born to parents who have not participated in a marriage ceremony with each other is considered to be the child of the mother. The person is considered to be the child of the other parent only if the father:
(1) Has been judicially determined to be the father; or
(2) Prior to the death of the child:
a. Has acknowledged himself, in writing, to be the father; or
b. Has openly and notoriously recognized the person to be his child; or
c. Has subsequently married the mother and has acknowledged himself, orally or in writing, to be the father.
63 Del. Laws, c. 256,
§
4;
70 Del. Laws, c. 186,
§
1;
72 Del. Laws, c. 47,
§§
2, 3;
75 Del. Laws, c. 266,
§
1;
84 Del. Laws, c. 95,
§
1;
Notes of Decisions
Johnson v. Physicians Anesthesia Serv., Pa, 621 F. Supp. 908 (D. Del. 1985).
· cites it 8× “10 Del.C. § 3724(a)-(c). The new statute also allows, in determining the amount of damages, consideration of (1) deprivation of pecuniary benefits, as well as (2) loss of contributions for support, (3) loss of parental, marital and household services, including the reasonable…”
Gilbert v. Santiago (Del. Super. Ct. 2025).
· cites it 16× “Introduction The brother and sister of a man killed in a vehicular accident seek compensation for wrongful death under the provisions of 10 Del. C. § 3724. The insurance companies involved in defending that litigation filed motions for summary judgment, contending the brother…”
White-Ahmed v. Booker (Del. Super. Ct. 2019).
· cites it 6× “Pursuant to 10 Del. C. § 3724, an action for wrongful death “shall be for the benefit of the spouse, parent, child, and siblings of the deceased person.”
Green v. Connections Cmty. Support Programs, Inc. (D. Del. 2021).
· cites it 6× “at 6) DOC Defendants also assert that Green is precluded from now bringing a wrongful death claim under 10 Del. C. § 3724 because she did not refer to the wrongful death statute or the words “wrongful death” in the complaint.”
Brand v. Bayhealth Med. Ctr., Inc. (Del. Super. Ct. 2021).
· cites it 5× “Brand’s stepson, and as such he cannot recover under 10 Del. C. § 3724(a) of the Wrongful Death Statute because stepchildren are not included in the definition of “child.”
McConnell v. Truitt (Del. Super. Ct. 2024).
· cites it 5× “§ 3701, and Delaware’s Wrongful Death Statute, 10 Del. C. § 3724. B. Evidence of Estate’s Medical Debt 10 Del.”
Walton, Sr. v. Cole (Del. Super. Ct. 2022).
· cites it 3× “§§ 701, 702, and 706 govern the disposition of property where the disposition of property depends on the priority of death, except where a will makes that determination; (2) the wills of each decedent provide that if the decedents should die within 60 days of each other they are…”
Dunfee v. KGL Holdings Riverfront, LLC (Del. Super. Ct. 2016).
· cites it 2× “1ln Casero, the decedent’ s parents and sister brought a claim for mental anguish resulting from the death of the decedent22 However, as here, the District Court found that because the decedent had a living spouse, the parents and sister were barred from making a claim for '6 10…”
Ruff v. UPS, Inc. (Del. Super. Ct. 2025).
· cites it 2× “13 The Complaint asserts two claims: Count I for wrongful death under 10 Del. C. § 3724 and Count II seeks punitive damages for wanton and willful, or reckless, conduct.”
Pierce v. Williams (Del. Super. Ct. 2018).
“85, 11129-30; see also 10 Del. C. § 3724. 13 Ia'. at 1111 29, 31; see also 10 Del.”
— 10 Del. C. § 3724(a) — 9 cases
Johnson v. Physicians Anesthesia Serv., Pa, 621 F. Supp. 908 (D. Del. 1985).
“10 Del.C. § 3724(a)-(c). The new statute also allows, in determining the amount of damages, consideration of (1) deprivation of pecuniary benefits, as well as (2) loss of contributions for support, (3) loss of parental, marital and household services, including the reasonable…”
Brand v. Bayhealth Med. Ctr., Inc. (Del. Super. Ct. 2021).
“Brand’s stepson, and as such he cannot recover under 10 Del. C. § 3724(a) of the Wrongful Death Statute because stepchildren are not included in the definition of “child.”
White-Ahmed v. Booker (Del. Super. Ct. 2019).
“Pursuant to 10 Del. C. § 3724, an action for wrongful death “shall be for the benefit of the spouse, parent, child, and siblings of the deceased person.”
Walton, Sr. v. Cole (Del. Super. Ct. 2022).
“§§ 701, 702, and 706 govern the disposition of property where the disposition of property depends on the priority of death, except where a will makes that determination; (2) the wills of each decedent provide that if the decedents should die within 60 days of each other they are…”
— 10 Del. C. § 3724(b) — 1 case
Brand v. Bayhealth Med. Ctr., Inc. (Del. Super. Ct. 2021).
“Brand’s stepson, and as such he cannot recover under 10 Del. C. § 3724(a) of the Wrongful Death Statute because stepchildren are not included in the definition of “child.”
— 10 Del. C. § 3724(c) — 2 cases
Johnson v. Physicians Anesthesia Serv., Pa, 621 F. Supp. 908 (D. Del. 1985).
“10 Del.C. § 3724(a)-(c). The new statute also allows, in determining the amount of damages, consideration of (1) deprivation of pecuniary benefits, as well as (2) loss of contributions for support, (3) loss of parental, marital and household services, including the reasonable…”
Walton, Sr. v. Cole (Del. Super. Ct. 2022).
“§§ 701, 702, and 706 govern the disposition of property where the disposition of property depends on the priority of death, except where a will makes that determination; (2) the wills of each decedent provide that if the decedents should die within 60 days of each other they are…”
— 10 Del. C. § 3724(d) — 3 cases
Johnson v. Physicians Anesthesia Serv., Pa, 621 F. Supp. 908 (D. Del. 1985).
“10 Del.C. § 3724(a)-(c). The new statute also allows, in determining the amount of damages, consideration of (1) deprivation of pecuniary benefits, as well as (2) loss of contributions for support, (3) loss of parental, marital and household services, including the reasonable…”
Gilbert v. Santiago (Del. Super. Ct. 2025).
“Introduction The brother and sister of a man killed in a vehicular accident seek compensation for wrongful death under the provisions of 10 Del. C. § 3724. The insurance companies involved in defending that litigation filed motions for summary judgment, contending the brother…”
White-Ahmed v. Booker (Del. Super. Ct. 2019).
“Pursuant to 10 Del. C. § 3724, an action for wrongful death “shall be for the benefit of the spouse, parent, child, and siblings of the deceased person.”
— 10 Del. C. § 3724(d)(1) — 2 cases
Gilbert v. Santiago (Del. Super. Ct. 2025).
“Introduction The brother and sister of a man killed in a vehicular accident seek compensation for wrongful death under the provisions of 10 Del. C. § 3724. The insurance companies involved in defending that litigation filed motions for summary judgment, contending the brother…”
Walton, Sr. v. Cole (Del. Super. Ct. 2022).
“§§ 701, 702, and 706 govern the disposition of property where the disposition of property depends on the priority of death, except where a will makes that determination; (2) the wills of each decedent provide that if the decedents should die within 60 days of each other they are…”
— 10 Del. C. § 3724(d)(2) — 1 case
Gilbert v. Santiago (Del. Super. Ct. 2025).
“Introduction The brother and sister of a man killed in a vehicular accident seek compensation for wrongful death under the provisions of 10 Del. C. § 3724. The insurance companies involved in defending that litigation filed motions for summary judgment, contending the brother…”
— 10 Del. C. § 3724(d)(3) — 2 cases
Gilbert v. Santiago (Del. Super. Ct. 2025).
“Introduction The brother and sister of a man killed in a vehicular accident seek compensation for wrongful death under the provisions of 10 Del. C. § 3724. The insurance companies involved in defending that litigation filed motions for summary judgment, contending the brother…”
Green v. Connections Cmty. Support Programs, Inc. (D. Del. 2021).
“at 6) DOC Defendants also assert that Green is precluded from now bringing a wrongful death claim under 10 Del. C. § 3724 because she did not refer to the wrongful death statute or the words “wrongful death” in the complaint.”
— 10 Del. C. § 3724(d)(4) — 2 cases
McConnell v. Truitt (Del. Super. Ct. 2024).
“§ 3701, and Delaware’s Wrongful Death Statute, 10 Del. C. § 3724. B. Evidence of Estate’s Medical Debt 10 Del.”
Green v. Connections Cmty. Support Programs, Inc. (D. Del. 2021).
“at 6) DOC Defendants also assert that Green is precluded from now bringing a wrongful death claim under 10 Del. C. § 3724 because she did not refer to the wrongful death statute or the words “wrongful death” in the complaint.”
— 10 Del. C. § 3724(d)(5) — 2 cases
McConnell v. Truitt (Del. Super. Ct. 2024).
“§ 3701, and Delaware’s Wrongful Death Statute, 10 Del. C. § 3724. B. Evidence of Estate’s Medical Debt 10 Del.”
Dunfee v. KGL Holdings Riverfront, LLC (Del. Super. Ct. 2016).
“1ln Casero, the decedent’ s parents and sister brought a claim for mental anguish resulting from the death of the decedent22 However, as here, the District Court found that because the decedent had a living spouse, the parents and sister were barred from making a claim for '6 10…”
— 10 Del. C. § 3724(e) — 2 cases
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