Car Accident Lawyers in Delaware

Accident and Injury Lawyers in Delaware

Delaware handles injury claims under rules that differ from neighboring states. Whether you were hurt in a car crash on I-95, injured at a warehouse job in New Castle County, or lost a family member due to someone else's negligence, the lawyers listed on this page handle cases across every category of accident and injury law in the state.

Delaware Injury Laws

Delaware sets a two-year statute of limitations on most personal injury and wrongful death claims. The clock starts on the date of the injury — or in wrongful death cases, the date of death. Miss that deadline and you lose the right to file suit entirely.

The state follows a modified comparative fault rule with a 51% threshold. If you're found to be 51% or more at fault for the accident, you recover nothing. If your share of fault is 50% or less, your compensation is reduced by your percentage of responsibility.

Delaware does not cap compensatory damages in most injury cases, including car accidents, truck accidents, and slip and fall claims. However, the state does impose a cap on medical malpractice non-economic damages, which adjusts periodically.

When to Contact a Lawyer in Delaware

• You've been in a car or truck accident and the insurance company is pressuring you to accept a quick settlement.
• You suffered a workplace injury and your workers' compensation claim was denied or disputed by your employer.
• A family member died due to another party's negligence and you need to file a wrongful death claim within the two-year deadline.
• You were injured on someone else's property — a slip and fall, structural collapse, or similar hazard — and the property owner denies liability.

Frequently Asked Questions About Delaware Injury Claims

Does Delaware require car insurance, and how does that affect my claim?

Yes. Delaware is a fault-based state for auto insurance, meaning the at-fault driver's insurer pays for injuries. Delaware requires minimum liability coverage of $25,000 per person and $50,000 per accident. You can file a claim directly against the other driver's policy or go through your own insurer and let them pursue reimbursement.

Can I still recover damages if I'm partially at fault for my accident in Delaware?

You can, as long as your share of fault stays at 50% or below. A jury assigns fault percentages to each party. If you're found 30% responsible, your total award is reduced by 30%. At 51% fault or higher, Delaware law bars you from collecting any compensation.