Delaware · Car accident claims: what to do next

Car accident claims: what to do next in Delaware

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Filing deadline2 years from date of accident10 Del. C. § 8119

Deadlines vary with the facts of each case. A lawyer can confirm yours.

Updated

01 · Your filing deadline

What is the deadline in Delaware?

Delaware has a 2-year statute of limitations for personal injury claims from car accidents (10 Del. C. § 8119). The clock starts on the date of the accident. A lawyer can confirm yours.

2 years from date of accident

Source: 10 Del. C. § 8119

Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.

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A lawyer can check which filing rules apply to your circumstances.

02 · Where cases are heard

Where would my case be heard?

Delaware is an at-fault state with modified comparative negligence using a 51% bar — plaintiffs who are 51% or more at fault are barred from recovery. Delaware has relatively low insurance minimums and heavy traffic on the I-95 corridor through Wilmington, as well as dangerous beach-bound traffic on Route 1 during summer months.

Medical facilities in Delaware

  • Christiana Hospital — Level I Trauma Center

How this works nationally

For the overall process and updates, read the Car accident claims: what to do next overview. This page covers the local information available for Delaware.

What happens when I check?

You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.

Live in Delaware? Read what applies in your state.

Register your interest. If a participating law firm takes these cases, it may contact you.

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Sources

  1. 10 Del. C. § 8119