Summary of Delaware Personal Injury Law

The following summary of Delaware injury laws and case types will assist you understand important elements of injury insurance claims in this state.

Delaware Statute of Limitations

Personal Injury: For basic injury, 2 years

Medical Malpractice: 2 years for medical malpractice, as much as a 3 year maximum for all medical malpractice claims

Product Liability: 2 years

Caps on Injury Awards in Delaware: There are no accident caps in Delaware, however the law requires an affidavit of merit from a skilled witness mentioning that there are reasonable grounds to think negligence took place in all malpractice cases.

Delaware Serious Injury Limit

There is no severe injury threshold in the state of Delaware.

Delaware is a Fault state and follows the modified comparative fault-51% theory. For that reason, if a plaintiff is more than 51% at fault, she or he will not have the ability to recover a personal injury settlement.

Accident Cases & Theories of Liability Delaware

Automobile Mishaps: If a party negligently operates his vehicle in such a way that triggers damages to another, the reckless motorist will be accountable through their insurance or independently for the accident or property damage that happens.

Personal Injury LawyerProduct Liability: Rigorous liability does not need a plaintiff to prove neglect or intent. Rather, it holds designers, suppliers and makers accountable without such a burden of proof. In such a case, everybody in the chain of circulation will be held liable collectively and severally.

Medical Malpractice Case: When a death or injury takes place as a result of the neglect of a medical professional, that professional or the health facility might be liable to the decedent’s estate.

Slip and Falls: When a party is injured due to a property owners failure to examine his or her home and make it safe, the property owner will be liable to the victim for his or her damages that result consisting of accident and future medical costs.

Wrongful Death: Carelessness is not restricted to simple injuries; At times, a death will occur due to the negligence of others. Because it’s a neglect action, this suggests that the defendant did not mean the death to happen, however due to his or her negligence, somebody died. In those cases, the accused will be liable to the decedents estate.

Workers’ Compensation: Delaware employers are required to carry workers compensation insurance in case of injuries to workers that take place in the scope of employment.