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No Caps on Personal Injury Damages Under Delaware law, personal injury claimants are entitled to recover the normal types of compensatory damages: lost wages/income, medical expenses, pain and suffering. Delaware also allows punitive damages to be award in certain circumstances.
General damages or non-pecuniary losses are those damages which cannot be mathematically assessed at the date of trial. The predominant head of general damages in personal injury claims is pain, suffering and loss of amenity although there are a number of other heads of general damages which must also be considered.
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.
In Delaware, PIP extends to sustained injuries and lost income for two years after an accident. You would file a claim with the insurer of the vehicle you were in at the time of the accident, unless you were a pedestrian or bicyclist, in which case you'd notify the insurer of the vehicle that was involved.
If you receive compensatory damages as a result of a physical injury, the money is generally not taxable. However, punitive damages are intended to punish the defendant rather than to compensate you. This is taxable except in wrongful death cases.