Auto Accident Law in Delaware

Was a police report filed?
  • In the state of Delaware it is extremely important that all individuals involved in auto accidents work hard to discover their rights to compensation as soon as possible. The auto accident law in Delaware can be confusing and while you are spending time trying to interpret the law you might be missing your opportunity to seek compensation. After an auto accident occurs in Delaware anyone that is injured or that has suffered property damage should make arrangements to file a lawsuit as soon as possible.

    Delaware Statute of Limitations

    In Delaware there is a time limit on filing lawsuits that are a result of auto accidents. This means that individuals who have been part of an auto accident cannot wait until they feel that they need some money to sue the person they feel caused the accident. Anyone who waits until the statute of limitations has passed will not be able to receive compensation in a Delaware court of law. There are many who feel that this law is unfair but the auto accident law in Delaware established this rule in order to avoid problems that occur when time has destroyed evidence and witnesses have moved or forgotten the events surrounding the accident.

    Time Limits for Accidents

    In some states the type of compensation being sought determines the statute of limitation. Delaware is no different and the types of compensation available in a lawsuit vary. If personal injury, property damage, or even death occurs as part of an auto accident the individual has two years to file their lawsuit. Anyone who has been trying to negotiate a settlement for an extended period of time should keep this time frame in mind because once it is past there is no way to compel an individual or their insurance company to pay damages. If medical treatment needed to repair injuries caused by an auto accident results in poor medical care then the lawsuit for medical malpractice must be filed within two years after the date of service or three years of the date of discovery of malpractice.

    Exceptions to the Rule

    The only exception to the auto accident laws in Delaware is in cases where a minor is involved. If the minor is a victim of medical malpractice after the auto accident then they have until their sixth birthday, or two years, to file suit or have suit filed on their behalf. The time period that is the longest is the one that is used so if an individual is two at the time of the accident and medical malpractice they have four years to file a lawsuit.

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