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Delaware Personal Injury Laws

Delaware Personal Injury Laws

In This Section:

Delaware personal injury laws differ from other state’s injury laws. Below are the most common personal injury laws in the state of Delaware. Understanding your compensation rights and getting the help of a Delaware injury lawyer is your first step towards filing a successful Delaware personal injury claim.

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Statute of Limitations in Delaware

(How long do I have to file my accident claims in Delaware?)
The Delaware statute of limitations for filing personal injury claims is 2 years. Medical malpractice claims must be filed within 2 years from the date of injury (or up to a maximum of 3 years if the injury was not known or could not have been known within 2 years). Product liability claims must be filed within 2 years. Statutes of limitations are subject to change. Contact a Delaware injury attorney for definitive statutes at the time of your accident or injury.

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Involved in a Delaware Car Accident?

Delaware is a Fault State
Delaware has adopted a fault-based system for auto insurance. Insurance companies will require each party to pay for damages according to their degree of fault. Car accident lawsuits may be filed under some conditions for uncompensated economic damages including lost wages, medical expenses and pain and suffering.

Delaware also allows drivers to add on a no-fault personal injury protection policy for additional coverage.

Delaware follows the Modified Comparative Fault rule – 51% bar

Delaware’s 51% bar rule does not allow an injured party to recover damages if he is 51% or more at fault for the accident or injury. Recovered damages are also reduced by degree of guilt. If you have been injured in a personal injury case, talk to a Delaware injury lawyer for more information about your compensation eligibility.

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What about Damage Caps for my claims in Delaware?

(How much in compensation can I get?)
There are no caps for personal injury damages in Delaware. There are no serious injury thresholds in the state of Delaware. Workers Compensation for both temporary total and permanent total disability in Delaware are determined by a percentage of the worker’s wage, with a weekly maximum payment allowed. Speak to a Delaware injury attorney for more information on thresholds.



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