Personal Injury Deposition in Delaware
A deposition is sworn out-of-court testimony taken during the discovery phase of yourDelaware personal injury case. What you say in a deposition is legally binding and can significantly impact your settlement outcome.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (51% bar)
Fault System
$12,000 – $55,000
Avg Settlement
2 years
Filing Deadline
Deposition Tips for Delaware Injury Cases
Tell the Truth
You are under oath. Inconsistencies between deposition testimony and trial testimony destroy credibility and can sink your case.
Listen Carefully
Only answer the question asked. Do not volunteer information. If you do not understand a question, ask for clarification.
Take Your Time
Pause before answering. Your attorney can object before you respond. Never rush.
Say "I Don't Know"
If you genuinely do not remember or know, say so. Guessing can be used against you.
Review Records First
Review your medical records, accident report, and prior statements with your attorney before the deposition.
Fault Is Key
Under modified comparative fault (51% bar), any admission of fault can reduce or eliminate your recovery.
Delaware Law Overview
Delaware applies modified comparative fault with a 51% bar, so plaintiffs bearing majority fault cannot recover. Delaware mandates PIP coverage in auto policies, creating a hybrid system where initial medical costs are covered no-fault before fault-based tort claims proceed. The statute of limitations is 2 years for most personal injury cases. Delaware's small size results in a concentrated court system, with Superior Court handling most personal injury jury trials. The state's large corporate presence and favorable business laws mean product liability cases against corporations incorporated in Delaware are common. Delaware has no general cap on compensatory damages. Medical malpractice cases are subject to mandatory mediation before trial in some circumstances. Punitive damages are available for willful or wanton misconduct, with no statutory cap. Government tort claims require specific notice procedures under the State Tort Claims Act, with more limited recovery options against public entities.