Generally, you have two years from the date of the injury to file a claim. It’s best to consult with a lawyer as soon as possible to understand the specifics of your case.
Compensation can cover medical bills, lost wages, pain and suffering, and other damages related to your injury.
Most personal injury lawyers work on a contingency fee basis, meaning they only get paid if you win your case. The typical percentage ranges from 33% to 40% of the settlement or court award, though this can vary based on case complexity and whether the case goes to trial.
Winning a personal injury case depends on proving negligence—that someone else's actions directly caused your injury. Strong evidence, such as corroborating medical records and reports, eyewitness testimony, and expert analysis, improves your chances. Cases with clear liability are often settled, while more complex cases may require litigation. Another important component of a personal injury case is a person’s damages. Damages may include things like physical pain and suffering, mental anguish and emotional distress, lost earnings or earning capacity, permanent impairment, disfigurement, past and future medical expenses, and loss of consortium, among others.
Delaware law does not impose a cap on economic or non-economic damages in most personal injury cases, meaning you may seek full compensation for medical expenses, lost wages, and pain and suffering. However, punitive damages may be limited depending on the case.
The most common personal injury claims involve car accidents, followed by slip and falls, workplace injuries, medical malpractice, and product liability cases. Car accident claims make up a significant portion of personal injury lawsuits nationwide.
A fair settlement should cover all current and future expenses related to your injury, including medical bills, lost wages, rehabilitation costs, pain and suffering, and any permanent disability or disfigurement. Each case is unique, and settlement amounts vary based on the severity of injuries and available evidence. Settlement amounts and jury verdicts vary substantially state by state, and even county by county. A personal injury case in Delaware will be valued differently than a personal injury case in Pennsylvania, New York, or California.
To prove a personal injury claim, you must typically establish negligence, which requires the following elements:
Duty of Care – The other party had a legal duty to act responsibly.
Breach of Duty – They acted negligently or recklessly.
Causation – Their actions directly caused your injury.
Damages – You suffered actual harm, such as injuries, medical expenses, or lost wages.
Yes, Delaware law allows for emotional distress claims, particularly in cases involving severe injury, medical malpractice, outrageous conduct, or intentional harm. Emotional distress damages may be awarded as part of a broader personal injury claim. There are two kinds of emotional distress claims in Delaware; Intentional Infliction of Emotional Distress (IIED), and Negligent Infliction of Emotional Distress (NIED). These claims may only be brought in certain situations, and the elements underlying each claim vary.
Damages in a personal injury case generally fall into three categories:
Economic Damages – Medical expenses, lost wages, property damage, actual out-of-pocket losses.
Non-Economic Damages – Pain and suffering, emotional distress, loss of enjoyment of life.
Punitive Damages – Additional compensation in cases of gross negligence or intentional misconduct (awarded less frequently).
Punitive damages are designed to punish egregious behavior rather than compensate the victim. In Delaware, these damages are awarded only where the defendant’s conduct is willful, malicious, reckless, or grossly negligent.
