Personal Injury Law in Delaware
Were you hurt due to another’s negligence in Delaware? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in Delaware can help navigate the lawsuit to make sure you receive all of the compensation you deserve.
What Is Personal Injury Law?
Personal injury law in Delaware relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.
Examples of Personal Injury Claims in Delaware
Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.
A few of the most common personal injury claims are:
- Car Accidents
- Slip and Fall
- Dog Bites
- Medical Malpractice
- Workplace Accidents
- Burn Injuries
Most Common Injuries in Delaware
The number of Delaware residents injured seriously enough to require hospitalization continues to rise across the state. According to the Delaware Statewide Trauma System, falls in either home or workplace are the #1 reason for hospitalization. The second most common cause of hospitalization in Delaware is auto accidents. Data also suggests that these injuries are especially prevalent among seniors. In addition, injuries caused over 6,000 unintended hospitalizations in Delaware in 2018.
Steps in a Personal Injury Lawsuit in Delaware
Once you determine that you wish to proceed forward with a personal injury action in Delaware A lawsuit begins when you file a complaint with the court and serve it to the defendant. The complaint outlines your claim as the plaintiff, alleging that the defendant’s negligent actions caused harm to your physical or mental well-being. As the case progresses, you may need to participate in depositions, independent medical evaluations, and document production during the discovery phase. This process can be lengthy and typically concludes with either a settlement or a court trial. To start, consult with your attorney to gather evidence of negligence, outline your demands, and notify the at-fault party. If you are unable to settle, you can file your claim in the Court of Common Pleas for cases involving amounts under $75,000. For higher claims, your case will be filed with the Delaware Superior Court. With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and the factors that impact the final amount. Personal Injury claim settlements are hard to judge. Under Delaware Courts comparative negligence laws, your settlement can be adjusted according to the amount of fault you contributed. So, if you and your attorney demand $50,000 and are awarded that settlement but found to be 30% at fault, you may only get $35,000 or potentially even less. In addition, if you are 50% or more responsible, you cannot sue for damages. This is why oftentimes parties try to settle to avoid lengthy court battles, court costs, or an unfair distribution of the settlement. If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in , that means you risk not receiving any compensation at all. If your Delaware personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay to compensate you for the damage they inflicted. Special compensatory damages reimburse you for things such as lost income, medical bills and insurance deductibles. You submit receipts proving these losses. General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant to compensate you for the pain and anguish. Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific. Delaware does not have any caps on damages. This means you can file a suit for as much as you and your attorney deem reasonable for both actual economic costs like medical bills, and non-economic costs like pain and suffering. The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized. In Delaware, state law stipulates that you have three years. This means the statute of limitations dictates that you have three years from the date of your injury to file a claim. We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury. Pursue a personal injury claim in Delaware against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim. We can even help you connect with an attorney across Delaware state lines. Submit a request online or call us today at (866) 345-6784 to speak with an experienced lawyer in your area! Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States. With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations. Just getting started on your research? Learn about other areas of Delaware law.Delaware Personal Injury Settlement
Damage Awards in Delaware
Statute of Limitations in Delaware Personal Injury Law?
Work With an Experienced Delaware Lawyer
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