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Delaware is known as the first state to ratify the Constitution and as a tax-friendly place for corporations. It also has favorable laws for an injured person seeking damages for "pain and suffering," a legal term for both the physical and emotional distress caused by an injury.
The statute of limitations for a standard personal injury lawsuit in Delaware is two years after the date of the accident that caused your injuries.
Statute of Limitations for Claims Against At-Fault, Negligent Drivers. Under Delaware law, individuals hurt in car accidents in this state have 2 years to file lawsuits against at-fault parties.
Personal injury involves civil law cases in which you are trying to obtain compensation for an injury you sustained to your person ? and that includes your body, mind and emotions.
Delaware's civil statute of limitations laws provides a two-year time limit for most cases including personal injury, libel, and fraud. Statutes of limitations on civil cases are intended to create general fairness and reliability when filing lawsuits.
For civil claims, the statute of limitations in Delaware is most commonly three years, though it will vary depending on the specific type of case. Similarly, the statute of limitations in Delaware for criminal offenses ranges from two years for minor misdemeanors to ten years or more for more serious offenses.
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.
Delaware's civil statute of limitations laws provides a two-year time limit for most cases including personal injury, libel, and fraud. Statutes of limitations on civil cases are intended to create general fairness and reliability when filing lawsuits.
Delaware follows a modified comparative fault rule, otherwise known as the 51% Rule. In order to recover anydamages from a crash, you must be less than 51% liable for the accident. If your percentage of fault or liability is 50% or higher, you can't recover damages.
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.