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The Delaware statute of limitations for personal injury cases is two years after the date of the injuries. Specifying the date of the injuries is vital for knowing how much time you have left.
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.
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.
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.
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.
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.