Understanding Delaware Personal Injury Law: What You Need to Know

March 8 2023

In Delaware, personal injury cases are generally handled under common law. To pursue a personal injury claim, one must prove that someone else was negligent and caused them harm.

Overview of Delaware Personal Injury Law

Delaware personal injury laws provide injured parties with the legal support they need to seek financial compensation from those responsible for their injury. In Delaware, liability for injuries caused by negligence or wrongdoing is determined in civil courts by viewing cases based on the state’s tort law. According to Delaware tort law, a person who causes injury or death to another through an act of negligence, recklessness or intentional malice can be held legally responsible for the damages suffered by the victim.

Under Delaware law, a person may be liable for economic and non-economic losses as a result of causing a personal injury. Economic losses may include medical bills, loss of income due to the inability to work, and vacation expenses associated with treatment. Non-economic damages consist of emotional distress, pain and suffering, and attorney’s fees related to pursuing a case. In some cases, punitive damages may apply if it is found that the defendant acted intentionally or recklessly when causing injury.

While Delaware state law generally respects contributory negligence and holds each party responsible for their own actions and decisions leading up to an accident, there are special provisions that provide protection for injured parties who were partially at fault as long as their involvement in the incident does not surpass 50%. This is important to consider because in some situations where both parties are at fault for an accident, it may be difficult for one party to recover any compensation from the other if their negligence contributed greater than 50% towards the accident.

In addition, under Delaware law certain groups such as members of the military, public safety officers and passengers in high speed vehicles operated by government employees have some extra protections from liability when it comes to personal injuries. However, as these circumstances are often complicated and pose even more nuance compared to traditional personal injury cases it is important for anyone who has been affected by an incident involving one of these individuals to speak with an experienced attorney who can help them understand their rights and options under Delaware law.

Overall, understanding Delaware personal injury law can provide injured parties with clarity on how they can proceed towards seeking legal relief through a civil suit. With the right legal representation and knowledge of the unique aspects of this area of law victims are able to pursue their rights and receive fair compensation for any damages caused by another person’s negligence or hostile intent. The next section will delve further into legal liability in Delaware with regard to personal injuries.

Legal Liability in Delaware

Legal liability often comes up when dealing with personal injury cases in Delaware. In a legal context, the concept of “liability” refers to responsibility for the harm caused by a person or entity. Depending on the circumstances of the case, legal liability may lie with an individual, corporate entity, organization, governmental agency, and so on. In order to prove that someone or something is legally liable for damages, plaintiffs must be able to demonstrate three elements: duty; breach of duty; and proximate cause.

First, duty is defined as an obligation to act carefully and reasonably to avoid causing someone else harm. It must be proven that the defendant had a legal duty to act a certain way towards the plaintiff in order to avoid harm. Second, breach of duty means that the defendant violated their responsibility. Plaintiffs must be able to show how the defendant acted provided substantial causation of the damages they suffered. Third, proximate cause is a direct connection between the defendant’s action and the plaintiff’s damages—damages that would have been avoided had legal responsibility not been violated.

Legal liability must be determined on a case-by-case basis for each particular personal injury matter in Delaware. It must be demonstrated that both legal responsibility and causation on part of the defendant can be successfully established for the damages suffered by the plaintiff before any settlement or judgement can be made.

Now that we have discussed legal liability in Delaware, let’s turn our attention to what negligence is and understand how it applies in these types of cases.

What is Negligence?

Understanding negligence is at the heart of Delaware personal injury law. Negligence is when a person or entity breaches the duty of care it owes to others, resulting in harm and losses for someone. This breach can vary in scope depending on the situation; for example, malfunctions in product manufacturing and medical malpractice cases are considered forms of negligence due to taking no safeguards against foreseeable risks.

Negligence is a legal term used to describe behavior that falls below the acceptable standards and expectations of one’s profession or role in society. A plaintiff must prove four elements: (1) the defendant owed a duty of care to the plaintiff, which they breached; (2) the defendant’s actions or inactions were the proximate cause of harm to the plaintiff; (3) actual damage occurred; and (4) the damage was legally recognized.

Some argue that filing an injury claim for negligence is difficult because establishing causation is tricky, as determining liability involves connecting an action to its consequences. On the other hand, some may argue that negligence can be easily determined since most state laws have already established legal standards of conduct for all individuals, companies, and organizations. In either case, if one proves causation, they may proceed with a tort-based lawsuit and seek compensation from those deemed liable under Delaware personal injury laws.

Ultimately, successfully proving negligence requires gathering relevant evidence that links the responsible party’s behavior with damages sustained by a plaintiff. Next, we will discuss how victims of accidents protected by statute have rights under Delaware personal injury law.

Statutory Rights of Personal Injury Victims

In Delaware, state law defines the statutory rights of personal injury victims. The law establishes a legal framework that may give an injured person the right to pursue a civil lawsuit against the party responsible for their injuries. Depending on the specific circumstances of the case, an individual may be entitled to seek compensation for financial losses such as medical expenses, lost wages, and pain and suffering.

Under the Delaware Code, a person injured by another party’s wrongful action has two primary rights: 1) the right to file a claim against the at-fault party; and 2) the right to receive fair and just compensation from that same party.

An important factor in determining how successful a personal injury claim will be is understanding what constitutes negligence under Delaware law. Negligence occurs when someone’s careless or reckless actions cause injury or harm to another person. Under Delaware’s “comparative fault” rule, any damages awarded in a successful personal injury claim might be reduced proportionally according to each party’s degree of fault. As such, it is important for an injured individual seeking damages to apportion any level of culpability they may have in causing their own harm.

Another factor in seeking damages is understanding Delaware’s statutes of limitation. These laws determine how long a person has after being injured before they must file a claim in court. In Delaware, there is a two-year statute of limitations imposed in most cases involving civil lawsuits based on personal injury; owners of property also have three years to bring a lawsuit against anyone trespassing on their land, regardless of whether or not damages were sustained.

It is important for an individual pursuing legal action in Delaware to understand all their statutory rights as well as any applicable defenses that may be raised by the defendant in the case. With knowledge of these factors, an individual can better assess the potential success of any personal injury claim.

The next section will discuss “What Damages Are Awarded?” in more detail and explore other considerations for claimants filing personal injury claims in Delaware courts.

What Damages Are Awarded?

What Damages Are Awarded in Delaware Personal Injury Law? Depending on the severity and circumstances of a personal injury case, it is possible for an injured party to seek compensatory damages as recompense for their pain and suffering. Compensatory damages may include lost wages, medical expenses, emotional distress, and physical disability. Additionally, depending on the limits of the tort law statute in Delaware, punitive damages may also be awarded when deemed appropriate by the court.

It is important to note that sometimes claimants will not be successful in their attempt to receive compensatory or punitive damages due to statutes like the “Collateral Source Rule” or other legal limitations. The Collateral Source Rule holds that a claimant cannot recover additional funds from a tortfeasor if they have already received compensation for their harms or losses via another source such as private insurance. Furthermore, certain types of rhetoric or evidence can diminish a claimant’s chances at receiving any remuneration. It is therefore essential that claimants consult experienced attorneys in order to determine what type of evidence or testimony may strengthen their case in favor of potential awards.

When considering damages awards in Delaware personal injury cases, it is important to recognize that both parties are entitled to their day in court. Claimants may face steep challenges when attempting to receive financial relief for any alleged wrongdoings against them, but with proper legal counsel and diligent research it can be possible to find justice backed by applicable tort laws within Delaware.

Looking ahead to the next section about filing a lawsuit in Delaware, it is critical for potential claimants to understand the nuances of this type of litigation before taking action.

  • In Delaware, a personal injury claim must be filed within two years of the date of injury.
  • If a minor files a personal injury case in Delaware, they have until their 20th birthday to bring a claim or it will be dismissed.
  • If a personal injury case involves medical malpractice, there is generally an even shorter time limit for filing which is one year from knowledge of harm or injury.

Filing a Lawsuit in Delaware

Filing a lawsuit in Delaware is best done with the help of an experienced personal injury attorney, as they have the expertise to navigate you through the legal process and represent your interests. Understanding which laws apply to your claim, how to properly document your injury, understanding how to possibly negotiate with the other party’s insurance carrier, and what potential compensations you may be able to recover are just some of the complex steps of filing a personal injury lawsuit.

It is important to remember that there are specific deadlines in filing a lawsuit. In Delaware, individuals who have been injured must first file a complaint with their local court in order to begin their case. Since this process can be complicated and involves strict statutes of limitation, it is highly recommended that counsel regarding filing requirements be pursued right away.

It is also important to remember that once a complaint has been filed in Delaware – unless there is an emergency or unforeseen circumstance – the decision to proceed further or drop the case cannot be changed without approval from the courts. When considering your options, it is wise to understand the risks versus benefits of moving forward with a lawsuit before officially deciding on whether or not you want to pursue legal action.

Once you have decided on whether or not to move forward with your case, the next step is understanding and working through all of the specifics within the filing process itself. The following section will provide you more information about navigating each step of this process and what you should expect during each stage.

The filing process can be complex and overwhelming for those unfamiliar with how it works. The next section will explain in more detail what happens after filing a personal injury lawsuit in Delaware, including how long it might take before proceedings begin and what kind of evidence needs to be presented during trial.

The Filing Process

Before taking any legal action, it is essential to fully understand the filing process for personal injury cases in Delaware. The most important step in filing a personal injury claim is determining who will be held responsible – if not you, then some other party. This can be done by researching the state laws and regulations surrounding your particular case and its circumstances.

Next, it is important to consider the statute of limitations on personal injury claims in Delaware, which states that you have two years from the date of the injury to pursue a legal remedy. While many people prefer to skip this step and file a lawsuit themselves, doing so without enlisting professional help could mean missing out on valuable evidence or not understanding certain aspects of Delaware’s personal injury law. To make sure the case is in order before going to court, speaking with an experienced attorney can be extremely helpful.

In providing counsel throughout the process, an attorney can work with you to identify all parties who may be at fault and determine what type of compensation may be due for medical bills and other damages connected with the accident. It is important to keep in mind that insurance companies are often reluctant to accept responsibility for injuries and tend to work against claimants while they evaluate claims. Having a knowledgeable advocate will go a long way toward ensuring a just settlement.

Once liability is established and all evidence is collected, a complaint must be filed against the defendant or defendants involved in the case followed by service of process. It is important to remember that every filing must include detailed information about both yourself and any other persons involved such as parties potentially liable for injuries and witnesses who may provide firsthand accounts of the incident. Additionally, any documents related to medical treatment should be included in these filings as well.

Finally, arbitration or mediaton may be recommended for some cases depending on the severity of injury or value of damages involved. A judge or neutral mediator will make decisions based upon an evaluation of facts presented during either process which can result in settlements lower than those received through a trial process.

The above considerations only scratch the surface when it comes to understanding Delaware’s personal injury law and its application within various cases; thus it’s vital to seek out professional advice both before and during any litigation proceedings. With this knowledge as a foundation, we now turn our attention to understanding the Delaware Court System in detail.

The Delaware Court System

Delaware’s court system is divided into three levels: the Supreme Court, the Superior Court of Delaware, and the Justice of the Peace Court. The Supreme Court is the highest appellate court in Delaware and its jurisdiction extends throughout the state. It hears appeals from all lower courts, reviews petitions for writs of habeas corpus and other extraordinary applications, and has original jurisdiction over certain types of cases. Its Chief Justice presides over the Supreme Court, which is composed of six associate justices.

The Superior Court of Delaware serves as the busiest trial court in Delaware. It has exclusive jurisdiction over civil matters involving more than $50,000.00, certain criminal prosecutions (including capital murder cases), domestic relations matters such as custody and divorce proceedings, adoption proceedings, delinquency (juvenile) proceedings, insanity hearings and various probate matters. In addition to its original jurisdiction, it also has appellate authority over administrative agencies and some decisions by the Family Court. There are 14 Superior Court judges who serve 10-year terms.

Finally, the Justice of the Peace Courts are deemed “courts of limited jurisdiction” with trial removal power over misdemeanors, traffic offenses and minor criminal matters (petty offenses). These courts are also responsible for issuing search warrants or conducting preliminary hearings in felony cases. They may hear civil actions (including forcible entry & detainer) up to an amount not exceeding $15,000 or proceed with summary ejectment proceedings for residential property valued at up to $5,000. Within each county there are several coroners’ offices associated with these courts to investigate deaths occurring within their counties.

Delaware’s court system is comprehensive and consists of multiple layers that have overall responsibility for administering justice throughout the state. Each level plays a vital role in providing access to justice for Delaware citizens. Understanding these different parts of Delaware’s court system is essential for anyone involved in a personal injury case in order to ensure that their rights are protected throughout the legal process.

With this understanding of Delaware’s court system in mind, it is necessary to understand how they interact together and what role each level plays in a personal injury case. This will be discussed further in the following section – “The Structure of the Court System”.

The Structure of the Court System

Delaware’s court system is a premier example of the intricate aspects of civil law across the country. The state has both an extensive trial system and an appeals court that serves to ensure fairness for those involved in legal disputes. Through each level of the judicial hierarchy, Delaware strives to ensure that parties receive an objective hearing before reaching a resolution.

In Delaware, civil lawsuits are tried through the Superior Court, which is divided into three divisions: Business Court, Complex Commercial Litigation Division, and Strategiclitigation Department. This divisional structure allows for specialization in cases involving specific topics such as medical malpractice, personal injury, and property damage cases.

The Superior Court also houses a Court of Chancery that handles business-related matters such as contract enforcement and shareholder rights. This unique level of Delaware’s state-level courts adds another layer of specialization to jurisprudence within the region. Finally, the Supreme Court reviews judgments from the lower courts to ensure standards of justice and consistency with precedent have been maintained.

Underlying Delaware’s comprehensive court system is an understanding of how complex civil litigation should be managed. Delaware has become widely respected for its attention to detail and ability to quickly mediate disputes in a fair and equitable manner. Such efficiency can lead to quicker resolutions and thus it is essential for citizens to understand how the state’s court system works.

Fortunately, Delaware provides numerous options for alternate dispute resolution (ADR) outside of filing suit in Superior Court including arbitrations, mediations and other forms of settlement conferences which may help parties reach agreeable settlements without having to go through lengthy court processes. Although ADR options do not always produce outcomes that perfectly reflect the interests of all parties involved in a dispute, they are generally less costly alternatives than having to go through lengthy contested litigation processes in court. As such, exploring alternatives to filing suit in Superior Court may prove beneficial for resolving personal injury disputes in Delaware.

Understanding the structure of Delaware’s court system is essential for those encountering civil claims within the state’s borders. With knowledge comes power and thus citizens interested in succeeding with their legal claims must be cognizant of their rights under Delaware law while also being aware of tangible alternatives such as ADR existing outside the framework of traditional litigation processes available through Superior Courts across the state. In our next section we will further examine what types of alternate dispute resolution mechanisms exist as alternatives to filing suit in Delaware.

Alternatives to Filing Suit in Delaware

When considering a personal injury claim in Delaware, many people are tempted to pursue their claims in court. However, this is not always the best or only option available. Alternatives to filing suit, such as arbitration and mediation, can often result in a more efficient and cost effective outcome for both parties involved.

Arbitration is a form of dispute resolution where the parties agree to have an independent third-party make a legally binding decision regarding their dispute. Arbitration can often be faster and less expensive than traditional litigation. It also allows for more personalized solutions for the specific facts of the case, as opposed to cookie-cutter solutions often provided in court decisions. That said, arbitration does not allow for appeal and can be more costly if the dispute involves complex legal issues or multiple parties.

Mediation is another popular alternative dispute resolution process. In mediation, a neutral third-party mediator works with both parties to encourage negotiation and help them reach an amicable solution to their dispute. Mediation is often cheaper than court proceedings as it typically involves less paperwork and more informal proceedings than litigation. Furthermore, mediation is confidential, voluntary, and nonbinding – so either party can choose not to accept any agreement reached during the process. However, due to its voluntary nature, it is possible that no agreement will ultimately be reached through mediation.

Overall, alternatives to filing suit can offer additional options when pursuing a personal injury claim in Delaware. It is important to carefully consider which option is best for your particular situation before deciding how best to proceed with your claim.

With that said, it is important to keep in mind that each of these options comes with its own advantages and drawbacks; thus it pays to speak with an experienced attorney who can provide knowledgeable advice on which option might be most beneficial for you before proceeding with any course of action. With that in mind, let us now turn our attention to the conclusion of this article.


Delaware personal injury law can be complex and intimidating to those without legal expertise. Fortunately, there are a few key insights that can help individuals make sense of the legal landscape. It is important to remember that Delaware follows a contributory negligence standard in accident cases, meaning that any contribution by the plaintiff to the accident or injury may make them ineligible for compensation. Additionally, those injured in accidents must adhere to strict time limits when filing a lawsuit.

Important considerations should also be made regarding defense strategies and accident causation evidence, as well as the availability of comparative fault based settlements. Above all, injured individuals should consult an experienced Delaware personal injury lawyer to ensure their rights are protected every step of the way. With a thorough understanding of these fundamentals, individuals can feel better equipped to navigate the complexities of Delaware personal injury law.

Most Common Questions

What are the time limits for filing a personal injury claim in Delaware?

In Delaware, you typically have two years from the date of an injury to file a personal injury claim. However, in some cases the time frame can be shortened. For example, if a governmental entity is responsible for an accident, the statute of limitations for filing a personal injury claim has been reduced to sixty days. Additionally, if you have suffered injuries due to medical malpractice, the filing period is three years after the date of occurrence or one year after the plaintiff finds out or should have reasonably discovered their injury, instead of two years. It is always best to seek legal advice as soon as possible when considering filing a personal injury claim in Delaware in order to ensure that you do not exceed any statutes of limitation.

What types of damages can be pursued in Delaware personal injury cases?

In Delaware personal injury cases, individuals may be able to pursue several types of damages. These can include medical expenses, lost wages, pain and suffering, emotional distress, and punitive damages.

Medical expenses may include hospital bills, doctor visits, surgeries, and any other costs related to the injury at issue. Lost wages include any wages that were lost due to the injury or to time spent in the hospital recuperating. Pain and suffering are more general damages that cover physical pain, mental anguish, loss of enjoyment of life, and other non-monetary losses. Emotional distress covers things such as anxiety, depression, fear, humiliation, shame, and shock caused by the injury. Lastly, punitive damages can be sought in cases where there was an intentional or reckless act on the part of the defendant that caused the injury; these are designed to punish the defendant for their wrongful act.

What are the steps involved in filing a personal injury claim in Delaware?

1. Gather Evidence – Collecting medical records, witness testimonials, photographic evidence of the accident, and police reports can all be helpful for supporting a personal injury claim in Delaware.

2. Consult with a Personal Injury Attorney – A Delaware personal injury attorney with experience handling these cases can help properly assess the situation and identity all parties who may be liable for your losses.

3. File an Insurance Claim – All parties involved should be notified regarding the claim and the damages that are being sought. The insurance companies will need to review the claim and assess its validity.

4. Negotiate a Settlement – Depending upon how much insurance coverage is available, it could take some negotiation to reach an agreeable settlement between both parties. If necessary, a Delaware court may intervene as part of the settlement process.

5. File a Lawsuit – In some cases, filing a personal injury lawsuit may be necessary if a satisfactory resolution cannot be reached outside of court. This type of legal action seeks to recover financial compensation for pain and suffering, lost wages, medical expenses, and other costs associated with the accident.