Delaware Personal Injury Claims Statute of Limitations

Each state has a different statute of limitations for different lawsuits and crimes. Knowing the statute of limitations in Delaware is key for having your personal injury claim filed on time. It is also important to know the factors that go into a personal injury claim like negligence and evidence of what happened. Proving negligence involves several key factors that require evidence and sound judgment. Talk to a Delaware personal injury attorney if you have questions about this process.  

DELAWARE STATUTE OF LIMITATIONS

The statute of limitations for a standard personal injury lawsuit in Delaware is two years after the date of the accident that caused your injuries. A statute of limitations is a time limit of your ability to seek compensation for your injuries and to hold the other person liable for the accident. This means that missing this vital deadline could put you out of a significant amount of money.

Starting your personal injury claim as soon as possible and staying on top of this claim is important for having your lawsuit filed in a timely manner. If possible, try to collect the main evidence the same day the accident occurred. This means taking pictures of your injuries and anything else relevant to the accident like property damages. Collect the contact and insurance information from the person who caused your injuries depending on whether the accident involved a car, an owner’s property, or destruction of your property. 

See your doctor for injuries that will require a lot of money to fix. Obtain a copy of your medical records. If the accident involved a car, collect a copy of the police report. Once you have all this evidence, the next step is to prove negligence. 

DEFINING NEGLIGENCE

Proving negligence requires a basic understanding of what factors constitute negligence. The main idea you need to know is that negligence means a third party, like a person or a product manufacturer, failed to behave with an expected level of care. 

Four main factors will need to be proven about the third party’s negligence. First, you will need to establish that a legal duty was owed to you. This might mean a patient-doctor relationship in a medical malpractice lawsuit or a driver who was supposed to follow traffic laws in a car accident lawsuit. 

Second, you must prove the third party breached this duty. A breach can mean the third party contributed to a risk of harm or failed to act to prevent a risk of harm. Third, you must prove what injuries you suffered as a result of this breach. Injuries can mean bodily harm to you, property damages, or both. Lastly, you must prove the third party directly caused these injuries and damages. 

PERSONAL INJURY ATTORNEY IN DELAWARE

Establishing and proving negligence can be a tedious and often overwhelming process to take on alone. Consider hiring an experienced Delaware accident attorney if you suffered injuries from an accident caused by another person. You may be eligible to receive compensation for medical bills, pain and suffering, and lost wages. Contact Edelstein Martin & Nelson at (302) 295-5050 for a free consultation today. Our office is located in Wilmington, Delaware. We will work with you to build a strong personal injury claim.