Personal Injury Lawsuit in Delaware
Filing a personal injury lawsuit in Delaware is a structured legal process. Understanding the steps, deadlines, and modified comparative fault (51% bar) rules will help you make informed decisions about your case.
For informational purposes only. Not legal advice. Consult a licensed attorney.
2 years
Filing Deadline
Modified comparative fault (51% bar)
Fault System
At-Fault
Auto System
$12,000 – $55,000
Avg Settlement
Lawsuit Steps in Delaware
Hire an Attorney
Most personal injury attorneys in Delaware work on contingency — no upfront fees. They evaluate your case and advise on whether litigation makes sense.
Investigation & Evidence
Your attorney gathers medical records, accident reports, witness statements, and expert opinions to build the strongest possible case.
Demand & Negotiation
Before filing suit, your attorney typically sends a demand letter and attempts settlement. Most cases resolve without going to court.
File the Complaint
If negotiations fail, your attorney files a complaint in the appropriate Delaware court. You must file within 2 years of the injury.
Discovery
Both sides exchange evidence, take depositions, and may hire expert witnesses. Discovery typically takes 6–18 months.
Mediation / Trial
Most cases settle during or after discovery. If not, your case goes to trial before a judge or jury under Delaware court rules.
Key Delaware Law Facts
Delaware applies modified comparative fault under 10 Del. C. § 8132 — plaintiffs barred from recovery if 51% or more at fault, with awards reduced proportionally for any lesser degree of fault assigned to the injured party.
Delaware requires personal injury protection (PIP) coverage as part of all auto insurance policies under 18 Del. C. § 3902, providing no-fault medical benefits up to policy limits before tort claims are pursued against an at-fault driver.
The statute of limitations is 2 years from the date of injury under 10 Del. C. § 8119; claims against government entities require strict compliance with the Delaware State Tort Claims Act, including notice requirements and governmental immunity provisions.