Delaware Accident Forms - Delaware Auto Accident

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Delaware Statute of Limitations Delaware Legal Accident

Delaware has a “statute of limitations”, meaning that a state law gives the time limit on when a person must make a lawsuit. The state gives three years for the lawsuit to be filed in the state’s court system from the date of the crash. If you want to file claims against the city, council or state government, you have one year. Since Delaware also follows an “at fault” statutes, the person who is at fault is liable for all loses and damages. Delaware does not have any laws that cap damages for personal injury. The state follows a modified “comparative fault”, which is for a situation that more than one person is partially, or completely at fault for the accident. Since you can recover against any party that was more at-fault than you for personal injury lawsuit, your damages will be reduced by a percentage that goes along with your share of liability. Lastly, you are not entitled to recover anything if you fault in the accident meets or exceeds 50 percent.