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These articles answer the questions Delaware injury clients ask before they hire anyone: what a claim is worth, how long it takes, who pays the medical bills while it runs, and what the insurer is allowed to ask you for. Each one is written for Delaware law specifically, not for injury claims in general, because the rules that decide most cases here are state rules.
Three of those rules come up in nearly every article. Delaware requires Personal Injury Protection on every registered vehicle under 21 Del. C. § 2118, so your own policy pays medical bills and lost wages first no matter who caused the crash. Delaware then reduces what you recover by your share of the fault under 10 Del. C. § 8132, and a person found more than 50% at fault recovers nothing. The general deadline for a personal injury claim is two years under 10 Del. C. § 8119, though deadlines vary by claim and some notice requirements are far shorter, especially when a government vehicle or public property is involved.
Where a case is filed depends on the county rather than the town: New Castle County cases go to the Superior Court at the Leonard L. Williams Justice Center in Wilmington, Kent County cases to the courthouse at 38 The Green in Dover, and Sussex County cases to the courthouse at 1 The Circle in Georgetown.
Articles are general information about Delaware law, not legal advice about your situation, and reading one does not make us your lawyers. If you want your own facts looked at, call the 24/7 injury helpline at (302) 781-3077 or use the contact form. A case review costs nothing.
Delaware injury law articles
January 27, 2022
How To File A Personal Injury Lawsuit
Personal injury attorneys are experienced in bringing lawsuits against those whose negligence has caused harm to others. However, the legal…
January 27, 2022
Should I Get A Lawyer For A Car Accident That Was My Fault?
If you've reached this page, then it's likely that you were recently involved in an auto accident. More specifically, one that you believe w…
January 27, 2022
Do I Need A Lawyer For A Car Accident With No Injury?
Car accidents take place every single day in Delaware, and every single day, drivers and passengers in those same vehicles are severely inju…
January 27, 2022
Lawsuits Against Massage Therapists: How Delaware Survivors Seek Accountability
How a civil lawsuit against a massage therapist or spa works in Delaware, which deadlines apply, and what a survivor controls along the way.
January 27, 2022
Types of Compensation Awarded in Personal Injury Lawsuits
Compensatory and punitive damages in personal injury lawsuits: what each covers, from medical bills and lost wages to pain and suffering, an…
