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Personal injuries. No action for the recovery of damages upon a claim for alleged personal injuries shall be brought after the expiration of 2 years from the date upon which it is claimed that such alleged injuries were sustained; subject, however, to the provisions of § 8127 of this title.
A slip occurs when the victim slips on a wet floor or other slick surface, whereas a trip occurs when the victim actually trips over an object. A fall is generally the result of a slip or trip.
Delaware uses the doctrine of modified comparative negligence to determine liability in personal injury cases. Under the comparative negligence rule, the plaintiff who files a personal injury lawsuit can recover damages as long as he or she was not more than 50% at fault for the accident.
Delaware uses the doctrine of modified comparative negligence to determine liability in personal injury cases. Under the comparative negligence rule, the plaintiff who files a personal injury lawsuit can recover damages as long as he or she was not more than 50% at fault for the accident.
Specifically, under Delaware Code Title 10 §8119, slip and fall claims are subject to a two-year filing deadline. If an injured person waits too long after an incident to file a claim, they will likely be barred from recovering any compensation from the at-fault party.
? A person acts with negligence with respect to an element of an offense when the person fails to exercise the standard of care which a reasonable person would observe in the situation.
No Caps on Personal Injury Damages Under Delaware law, personal injury claimants are entitled to recover the normal types of compensatory damages: lost wages/income, medical expenses, pain and suffering. Delaware also allows punitive damages to be award in certain circumstances.
Delaware's civil statute of limitations laws provides a two-year time limit for most cases including personal injury, libel, and fraud.