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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.
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.
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.
Injuries that occur as a result of someone else's careless or reckless actions may lead to a personal injury claim. It's important to understand the elements that apply to this type of case: duty of care; failure to exercise reasonable care (negligence); causation; and the presence of damages.
6 Tips for Preparing for a Personal Injury Lawsuit Tip #1: Speak to a Lawyer Immediately. ... Tip #2: Head to Your Doctor for Evaluation and Treatment. ... Tip #3: Collect All Evidence. ... Tip #4: Do Not Talk About Your Injuries or Case on Social Media. ... Tip #5: Know When to Take a Settlement. ... Tip #6: Stay in Touch with Your Attorney.
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.
Pain & Suffering in a Delaware Car Accident Case Under Delaware law, a damages award in an auto accident lawsuit must be just and reasonable compensation for the injuries and harm caused by the negligent driver. There is no formula which determines the amount of an award for pain and suffering.
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.