Why you need to file early
If you were involved in an accident that caused damages or losses and you believe that the accident occurred because of someone else’s fault or negligence then the state law in Delaware permits you to file a civil lawsuit against the liable parties.
However, this lawsuit, be it a personal injury lawsuit, a property damage lawsuit or a wrongful death lawsuit, will need to be filed within a specified date or time period from the day that the accident or incident occurs. This is called the statute of limitations. You cannot sit on this indefinitely. Though why would you? It rarely happens but most people do not wait to sue but nonetheless, there is a statute of limitations in place just in case someone does delay pursuing this legal matter.
Every state has a statute of limitations and the time period may vary. In Delaware, the statute of limitations is two years for injury and malpractice related claims.
Two years might seem like sufficient time, but the fact is that compiling a lawsuit, gathering evidence, putting together all the necessary documentation, carrying out a thorough investigation, summoning witnesses, and so forth are all things that are time consuming and need to be done before you can submit or bring forward a civil lawsuit against the negligent parties. Therefore, the earlier you get started the better.
In case two years has passed since the accident, then despite your claim being legitimate, it will be duly dismissed by the civil court on the basis that the statute of limitations has expired and there will be nothing you can do about it.
Therefore, it is imperative that you reach out to a legal counselor as soon as you can to get working on your claim effectively. This is the first step towards making sure you go down the right legal path and be able to support your claims with substantial evidence, which can have a major influence on the amount of compensation you receive.
We deal with all types of accident cases
Our legal professionals represent clients who need help in a variety of cases including:
- Workers compensation – If your company has laid you off because of an injury you sustained while on duty, you can sue them so you can be paid for your missed time at work, pain and suffering, medical costs, and the list continues. Now if you have seen the show The Wire, season 2, where the large box fell on the pier worker’s legs crushing them, that would be a workplace injury for sure. Though it is not shown or explained whose fault it was.
- Car accidents – If you were hurt in a car accident caused due to someone else being negligent or reckless
- Motorcycle accidents – Delaware has among the highest number of motorcyclists. Did you get into an accident while riding one?
- Trucking accidents – Commercial truck accidents can be catastrophic and can cause extensive damages, we can help.
Connect with us today and we will put you through to one of our top Delaware accident legal pros. You can contact us via email and we will you back shortly during normal business hours.
Why should I call a lawyer after an accident involving injury in Delaware?
Accidents are random, generally insignificant events that are most often handled with minor alterations to a daily schedule, but in many cases they can lead to detrimental and catastrophic incidents resulting in harm, injury, damage, loss, or wrongful death casualty. The law provides for compensation when an injured party was not at fault. An experienced legal professional can support an accident claim in Delaware, utilizing pertinent federal and state doctrine to yield a comprehensive court award, or an insurance settlement that will compensate a victim for their losses, regardless if the accident occurred at work, on someone’s property, in the hospital, on vacation, during recreational outings, or in a motor vehicle. Depending on the duty of care owed to the accident victim, legal action will require supporting documents to build a strong claim for negligence proving fault.
Accidents are the third leading cause of death in Delaware?
In Delaware, accidental death moved from the fifth likely cause of death in 2014 accounting for 425 lost lives, to the third likely cause of death in 2017 revealing a toll of 608 related losses. Wrongful death can have lasting negative impacts on those left behind, but accidents can also result in catastrophic damage that leaves a survivor with life-long mental, physical, and financial instability, where legal action may be required to address those losses.
What types of accidents result in legal action toward fiscal recovery?
All types of accidents, including auto and motorcycle, personal injury, premises liability, medical malpractice, and worker’s on-the-job injuries might result in legal action in pursuit of economic, and non-economic damages in Delaware.
Motor vehicle.
An accident victim, or their family, may have questions about how Delaware laws will affect property damage and personal injury claims after an accident where someone else was at fault. Under Delaware law, victims have the right to pursue compensation from insurance, whether they were a pedestrian, a cyclist, or riding in a vehicle when an accident occurred. If negligent acts, such as drunken driving, reckless driving, or distracted driving caused the accident, criminal charges may be filed by the state in addition to a victim’s civil action for damages. This may require an experienced lawyer’s involvement. Delaware follows a “modified comparative negligence” rule when both parties are found to share blame for an accident, it will be based on the 50% rule where a victim cannot recover compensation if they are 51% or more at fault from the accident.. Legal action must be filed within two years from the date of the accident and counsel can clarify comparative negligence rule in each case.
Personal injury.
If an individual suffers injury, or damages as a result of the action, or inaction of another, a victim may be able to recover compensation if fault and/or liability is proven, and the victim was owed a duty of care.
Premises liability.
When someone is hurt while visiting another person’s property, a premises liability claim may be filed for injury, or damages related to poor conditions on the property, improper maintenance, or upkeep of the property, and can include negative interactions with occupants and animals on the premises, such as dog bites, etc. The responsibility of the property owner depends on the standard of care owed to the injured person, based on the reason for their presence on the property. An invitee is owed a duty of care, but a trespasser may not be owed that same duty. Homeowners’ insurance may cover these types of claims.
Medical malpractice.
Medical malpractice occurs when an individual is injured while under the care of a health care provider. Delaware requires a claim of this nature be filed within two years of the injury, or knowledge of the injury. Delaware does not place a limit on the damages a claimant may recover, but there is a cap on attorneys’ fees. Punitive damages may be awarded only if it is found that the injury complained of was maliciously intended, or was the result of willful, or wanton misconduct by a health care provider.
Workers’ compensation.
The Delaware Division of Industrial Affairs can be helpful for cases when a person becomes injured on the job, or contracts an illness that is job-related, they can make a worker’s compensation claim for monetary damages. Injuries may be caused by an accident, or event that results in physical injury, a medical condition that develops over time caused by repetitious use of a body part, or a condition associated with the workplace environment itself.
Wrongful death.
A wrongful death legal action is a particular type of lawsuit that is brought by loved ones of someone who dies because of the negligent, reckless, or deliberate act of someone. Damages in these lawsuits can include:
- Medical bills and burial expenses
- Compensation for lost wages
- Compensation for the pain and suffering
- Punitive damages that are intended to punish the person who caused the death, on a case-by-case analysis.
Compensatory damages.
A victim can recover compensatory damages meant to restore them back to the state they were in prior to the accident and includes:
- Economic damages for present and future loss of earnings, medical bills, future medical care, household expenses and
- Non-economic damages for pain and suffering, mental anguish and loss of consortium, or companionship.
An experienced lawyer will be able to answer case-related questions regarding reasonable damages available to an accident victim.
Punitive damages.
When a defendant’s actions are found to be intentional, egregious, and harmful, punitive damages may be awarded to punish them as a means to deter future similar acts. Delaware law allows punitive damages in some cases when harm and intent are proven.
Legal action after an accident.
Delaware accident victims should consult with an attorney after an accident. Legal counsel will be able to represent victims in court, objectively speak for them against an insurance company’s legal team and take steps toward a fair monetary award.
