If you plan to file a personal injury claim in the state of Delaware, you’ll need to the help of an experienced attorney. People file these types of lawsuits for all sorts of reasons such as car accidents, slip and fall, dog bites, and medical malpractice among many other scenarios.
Injury Laws to Know in Delaware
Whether you are planning to file a lawsuit or you’re already in the midst of one, there are a few things good injury attorneys in the state of Delaware will tell you.
There are deadlines for filing lawsuits in the state of Delaware. In fact, there are deadlines for filing claims in each state and those deadlines may vary based on the type of situation where the injury occurred. In Delaware, the deadline (also known as a statute of limitations) is 3 years from the date that the injury or accident occurred.
This is an important window to take note of because that is the time you have to file a claim in a civil court. For many cases this deadline is more than enough. For example in car accidents or dog bite cases, the span of time that passes from when an accident occurs until a person feels like they need legal remedies is not that long.
In other cases like those involving negligence on the part of an entity that causes damage down the road, three years may get eaten up pretty fast.
Shared Fault Rules in Delaware Injury Cases
In some states, the person who incurred the injury is not subject to partial fault (even if they did have some responsibility in causing their own injury). In Delaware however, the civil courts use a comparative fault rule in cases where the injured party is found to be at least partially responsible for their own injuries.
In other words, if you were partly responsible for your own situation, then some of the blame will be placed on you and that is reflected in any damages you are eligible to recover. Using this rule, the courts reduce the amount (if any) of damages that a person receives based on their percentage share of the fault.
Claimants need to be aware of these rules before they go through with their lawsuit. Not only will they be fully prepared for what to expect should they win but they will also be making a fully informed decision on whether it is worth their time to sue the other party.
Special Circumstances for Car Accidents
In Delaware, when someone is in a car accident they have multiple legal rights. For example they can file an insurance claim under their own insurance coverage or that of the at-fault driver in the accident. They also have the right to forego filing a claim and suing the at-fault driver in court to recover damages.
Regardless of what your plans are to file a personal injury claim, these rules and procedures are something you should be aware of. Understanding your rights and options under the law can save you a lot of headache in the future.