Personal Injury Laws to Know in Delaware
Like every other state, Delaware has a statute of limitations when it comes to personal injury cases. In this state, the time limit for filing a personal injury lawsuit is three years. The clock starts on the date of the accident. It is very important to file your claim within this time period, or else you’ll forfeit your chances of getting compensation for your injuries.
This statute of limitations pertains to personal injury lawsuits against an individual or company. When it comes to filing claims against the Delaware state government, county, or city, you may have even less time to do so.
Other Important DE Personal Injury Laws
The state of Delaware also follows a comparative fault rule, which seeks to find out whether an injured person is also partly responsible for his or her injuries. This basically means that if you have contributed to your injuries in any way, the damages you receive will be reduced based on the percentage that equals your part of the fault.
An example of this is if you are in a supermarket shopping and you happen to hurt yourself on a broken floor tile, which you did not see due to the fact that you were not watching where you were walking. This would mean that you are at least 10 percent at fault for your injuries because you should have been watching where you were walking but you did not. If your total damages amount to $10,000, and your contribution to the incident is 10 percent, you will only receive $9,000 in compensation for your personal injuries.
If it is found that you have contributed to more than half of the fault that resulted in your personal injuries, then you will not qualify for any compensation from the negligent party.
If you would like to pursue a personal injury case in this state, you should hire a Delaware personal injury lawyer to represent you in a court of law.