Delaware Senate Bill 81 - Wrongful Death Actions

• Allows recovery of punitive damages in wrongful death actions when death was caused by maliciously intended conduct or reckless, willful, or wanton misconduct by the defendant.

• Requires punitive damages to be awarded separately from compensatory damages with distinct findings by the trier of fact specifying amounts awarded for each category.

• Clarifies definitions of "child" to mean any natural born or adopted child, and "parent" to include adopted parents, removing outdated reference to "illegitimate children."

• Adds a new section defining the purpose of the Wrongful Death Act as permitting recovery of damages beyond pecuniary losses to persons injured by another's death.

• Maintains eligibility for damages to spouse, parents, children, and siblings of the deceased, with mental anguish damages available to immediate family members and those standing in loco parentis.