Delaware Personal Injury Laws
Delaware uses a modified comparative fault system with a 51% bar, meaning plaintiffs who are 51% or more at fault are barred from recovery. The state has no cap on non-economic damages in general personal injury or medical malpractice cases. Delaware's small size and proximity to Philadelphia influence its legal market, with many cases settled before reaching trial.
Statute of Limitations
2 years
Fault Rule
Modified Comparative Fault (50% Bar)
Non-Economic Damages Cap
No Cap
Fault Rule: Modified Comparative Fault (50% Bar)
You can recover damages only if you are less than 50% at fault. Your award is reduced by your percentage of fault.
Average Settlement Amounts in Delaware
Settlement amounts vary based on injury severity, liability, and other factors. Below are estimated average settlements for common injury types in Delaware.
| Injury Type | Average Settlement |
|---|---|
| Car Accident | $21,000 |
| Slip and Fall | $17,000 |
| Dog Bite | $30,000 |
Key Delaware Personal Injury Statutes
- •Del. Code Ann. tit. 10, § 8119 (statute of limitations)
- •Del. Code Ann. tit. 10, § 8132 (comparative fault, 51% bar)
- •Del. Code Ann. tit. 16, § 906 (medical malpractice)
Damage Caps in Delaware
Delaware does not impose a general cap on non-economic damages in personal injury cases. This means there is no statutory limit on pain and suffering awards in most cases.
Delaware does not have a specific medical malpractice damages cap.
Injury Claims in Delaware
Learn more about specific injury types and how Delaware law applies to each.
Major Cities in Delaware
Personal injury attorneys in Delaware serve clients in Wilmington, Dover, Newark, Middletown, Smyrna, and surrounding areas. If you have been injured in any of these cities, the same state laws described above apply to your claim.
This information is for educational purposes only and is not legal advice. Consult a licensed personal injury attorney in your state.