This form is a sample complaint for use in a personal injury case involving a train-automobile collision resulting in the death of the driver of the automobile.
Delaware Complaint for Personal Injury and Wrongful Death Due to Train or Automobile Accident
State:
Multi-State
Control #:
US-PI-0276
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint For Personal Injury And Wrongful Death Due To Train Or Automobile Accident?
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FAQ
In Delaware, wrongful death actions can be brought by any of the following people: the deceased person's surviving spouse. a surviving parent of the deceased person. the deceased's surviving children, and/or. the surviving siblings of the deceased person.
Delaware follows a modified comparative fault rule, otherwise known as the 51% Rule. In order to recover anydamages from a crash, you must be less than 51% liable for the accident. If your percentage of fault or liability is 50% or higher, you can't recover damages.
Wrongful death happens when somebody is killed because of another person or entity's negligence or misconduct. Although there may be a criminal prosecution related to the fatality, a wrongful death lawsuit is a civil action that is separate and distinct from any criminal charges.
Delaware uses the doctrine of modified comparative negligence to determine liability in personal injury cases. Under the comparative negligence rule, the plaintiff who files a personal injury lawsuit can recover damages as long as he or she was not more than 50% at fault for the accident.
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.
Delaware's civil statute of limitations laws provides a two-year time limit for most cases including personal injury, libel, and fraud. Statutes of limitations on civil cases are intended to create general fairness and reliability when filing lawsuits.
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.
Statute of Limitations for Claims Against At-Fault, Negligent Drivers. Under Delaware law, individuals hurt in car accidents in this state have 2 years to file lawsuits against at-fault parties.