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Delaware Personal Injury LawThe following summary of Delaware personal injury laws and case types will help you understand important aspects of injury claims in this state.Delaware Statute of Limitations:Personal Injury: For general personal injury, 2 years.Medical Malpractice: 2 years for medical malpractice, up to a 3 year maximum for all medical malpractice claims. Product Liability: 2 years. Caps on Personal Injury Awards in Delaware:There are no personal injury caps in Delaware, however the law requires an affidavit of merit from an expert witness stating that there are reasonable grounds to believe negligence occurred in all malpractice cases.Delaware Serious Injury Threshold:There is no serious injury threshold in the state of Delaware.Delaware is a Fault state and follows the modified comparative fault-51% theory. Therefore, if a plaintiff is more than 51% at fault, he or she will not be able to recover a personal injury settlement. Personal Injury Cases & Theories of Liability Delaware:Auto Accidents: If a party negligently operates his vehicle in such a way that causes damages to another, the careless driver will be responsible through their insurance or privately for the personal injury or property damage that occurs.Product Liability: Strict liability does not require a plaintiff to prove negligence or intent. Rather, it holds manufacturers, designers and distributors liable without such a burden of proof. In such a case, everyone in the chain of distribution will be held liable jointly and severally. Medical Malpractice Case: When a death or injury occurs as a result of the negligence of a medical professional, that professional or the health facility may be liable to the decedent's estate. Slip and Falls: When a party is injured due to a property owners failure to inspect his or her property and make it safe, the property owner will be liable to the victim for his or her damages that result including personal injury and future medical expenses. Wrongful Death: Negligence is not limited to simple injuries; At times, a death will occur due to the negligence of others. Because it’s a negligence action, this means that the defendant did not intend the death to occur, however due to his or her carelessness, someone died. In those cases, the defendant will be liable to the decedents estate. Workers' Compensation: Delaware employers are required to carry workers compensation insurance in the event of injuries to employees that occur in the scope of employment. For More Information Check out these sites: Delaware State Government Website Delaware State Bar Association Return from Delaware Personal Injury Law to all Personal Injury Laws Return from Delaware Personal Injury Law to Personal Injury Claims How Much Is Your Case Worth? Find out NOW! Complete this form for a FREE case review by an experienced attorney... The accuracy of information on this site is not guaranteed. Information on this site is strictly opinion and should not be considered formal legal advice. Under no circumstances should the information on this site be used to make decisions about the proper course of a legal matter. Click below to read our full User Agreement, Disclaimer and Copyright Information.
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