Personal Injury Mediation in Delaware
Mediation is a voluntary, confidential process where a neutral mediator helps both sides reach a settlement without going to trial. In Delaware, mediation resolves the majority of personal injury cases and is significantly cheaper and faster than litigation.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (51% bar)
Fault System
2 years
Filing Deadline
$12,000 – $55,000
Avg Settlement
How Mediation Works in Delaware
Select a Mediator
Both sides agree on a neutral mediator — typically a retired judge or experienced attorney in Delaware. Mediators are not decision-makers; they facilitate negotiation.
Opening Statements
Each side presents their position and key evidence. The mediator identifies areas of agreement and dispute.
Private Caucuses
The mediator meets privately with each side to explore settlement positions, discuss weaknesses, and carry offers back and forth.
Negotiation
Under modified comparative fault (51% bar), fault allocation is a key discussion point. The mediator helps both sides realistically assess litigation risk.
Settlement Agreement
If agreement is reached, a written settlement agreement is signed immediately. It is binding and typically releases all claims.
Delaware Injury 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.