Personal Injury Laws: Delaware



Filing a personal injury claim in any state within the nation means working under the state laws and statutes that govern personal injury lawsuits in that jurisdiction. A successful claim in Delaware typically requires the help of a personal injury attorney familiar with operating under state laws and statutes. Such an attorney will be best qualified to advise you on your claim and to navigate the state civil suit requirements for personal injury lawsuits.

Delaware is a “Comparative-Fault” State

In some states, you must hold no fault or responsibility for your own injuries in order to file a personal injury suit. In Delaware, on the other hand, you can be partially at fault for your own injuries and still hold another individual, entity or several parties responsible for your injuries, provided you hold no more than 51 percent of the responsibility for the injuries you suffered. This concept is known as comparative-fault or contributory negligence and requires that you establish the degree or percentage of fault for each party named in your claim as well as your own level of responsibility for the injuries you suffered.

A personal injury attorney can help you establish comparative-fault in your claim and will work to get you the highest amount of compensation possible. It is important to note however, that in the state of Delaware, the compensation you may be awarded for damages in a personal injury lawsuit will be reduced by your percentage of fault in the circumstances that lead to your injuries. In other words, if you are found to be 20 percent responsible for your own injuries, you can only receive 80 percent of the damages that may be awarded in the case.

Potential Damages for Personal Injury in Delaware

The damages that can be sought in a personal injury claim vary from one state to the next. Damages that can be included in a Delaware claim cover economic and non-economic losses you’ve suffered due to your injuries. Medical expenses, lost wages, property damage, cost of supportive care and household help, and loss of future earnings can be included in the economic losses you name in your personal injury claim. Non-economic damages you seek can include compensation for the pain and suffering you’ve experienced because of your injuries.

Statute of Limitations for Personal Injury Claims in Delaware

There is a statute of limitations placed on the filing of personal injury claims in every state, and in Delaware, that time limit is two years. It is important to realize however that the timetable for filing a claim is defined as two years from the date you realize you’ve suffered harm. With certain kinds of personal injury claims, injuries may not immediately be apparent and therefore you may still be able to file a claim even if you think the statute of limitations has already expired.

If you’ve suffered injuries, you should seek the assistance of a personal injury attorney. He or she may be able to get your case heard even if it has been more than two years since the initial incident or accident that caused your injuries to eventually surface.