Personal Injury in Delaware

With lawyers and court officials constantly complaining about frivolous lawsuits, people with valid claims are sometimes hesitant to pursue them. This reluctance often comes from a lack of understanding of personal injury law in their state. Understanding some basic Delaware laws regarding personal injury will help you decide whether or not you should seek damages.

Delaware Personal Injury Laws at a Glance

Delaware Personal Injury Laws

Statute of Limitations

2 Years
Damages Recoverable Medical expenses, permanent disfigurement or disability, lost wages, property damage, future earning ability, cost of household help, pain and suffering
Strict Liability Product manufacturer may be liable for injuries caused by a consumer product
Joint Liability Each defendant liable for percent of damages as determined by court
Contributory Negligence If plaintiff is found more than 51% at fault, no damages will be awarded.

Do Not Wait Too Long To File

It is extremely important that you sit down and make your decision quickly. After an injury has occurred the clock begins to tick and the courts in Delaware will only let you file for a certain amount of time. In Delaware you will need to file suit within two years of the occurrence of the injury. If you are in a situation that involves working with an insurance company and they are stalling or taking a long time always file suit before the time runs out.

Factor in Your Own Contribution

Be honest with yourself and decide how much you really had to do with your own injury. There are plenty of people everyday who get injured entirely through no fault of their own and others who are injured because of their own irresponsibility. If you are sure that you are less than 50 per cent responsible for your injury then file suit.

The comparative negligence law in Delaware has recently been modified to allow recovery of damages even if you were 50 per cent or less at fault. The recovery amount will be reduced to reflect your own responsibility but you will still be able to recover something from the other party. It is also possible to recover damages from more than one person if several people were involved in the injury to varying degrees.

How Much You Can Recover?

One of the primary reasons people in Delaware and other states hesitate when it comes to investigating personal injury matters is because they do not know how much they will recover. Finding out what you will be able to get in compensation is often a motivator to file your claim.

In Delaware, a person who caused or contributed to an injury is responsible for medical expenses, property damage, time lost from work, permanent disability or disfigurement, emotional distress, change in future earnings, and any other cost that is directly related to your injury. For some people being compensated for time missed from work to go to appointments and recover is enough a motivator to sue. Plus, it is often impossible to tell what long term affects your injury will have on you and your family.

For more information about your specific case, contact a Delaware Personal Injury Lawyer.

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