How Comparative Negligence Affects Injury Claims in Delaware
When you are injured in an accident, getting the compensation you deserve isn’t always as simple as proving someone else was at fault. In Delaware, personal injury claims are subject to a legal concept called comparative negligence. Understanding comparative negligence in Delaware and how Delaware’s 51% fault rule works is crucial if you hope to recover damages. Working with an experienced Delaware personal injury lawyer can make a significant difference in how much compensation you ultimately receive.
What Is Comparative Negligence?
Comparative negligence means that fault for an accident can be shared between multiple parties. If you are partly responsible for your own injuries, your compensation can be reduced by your percentage of fault. Unlike some states that use a “pure” comparative fault system, Delaware follows a modified version, and it comes with important limits.
For example, if you are awarded $100,000 for your injuries but found to be 20% at fault, your recovery would be reduced by 20%, leaving you with $80,000. However, if your share of the fault is too high under Delaware law, you may not be able to recover anything at all.
Understanding Delaware’s 51% Fault Rule
Delaware applies what is known as the 51% fault rule. Under this rule:
- You can still recover compensation if you are 50% or less at fault for the accident.
- If you are 51% or more at fault, you cannot recover any damages.
This rule means that even a slight difference in fault percentages can determine whether you are eligible for financial recovery. Insurance companies often try to shift blame onto injured parties to reduce payouts, which is why having a knowledgeable Delaware personal injury lawyer is so important.
How Comparative Negligence Impacts Your Injury Claim
Comparative negligence affects several aspects of your injury claim:
- Settlement negotiations: Insurers will often argue that you share a significant portion of the blame to reduce their payout obligations.
- Jury verdicts: If your case goes to trial, the jury will assign a percentage of fault to each party. Your award will then be reduced based on your assigned share.
- Overall strategy: Your legal team must be prepared to gather strong evidence showing that the other party’s negligence was the primary cause of the accident.
A personal injury lawyer can help you in many different ways, some of which are: investigating the accident thoroughly, collecting witness statements, accident reports, and expert opinions, and challenging unfair fault assignments by the defense
Call a Delaware Personal Injury Lawyer from Edelstein Martin & Nelson
Navigating comparative negligence in Delaware and protecting your right to compensation under Delaware’s 51% fault rule requires experience and skill. Even if you believe you may be partially at fault, you should not assume you are ineligible for recovery. A skilled attorney can evaluate your case, fight to minimize your share of fault, and maximize your potential compensation.
If you have been injured in Delaware, our renowned legal team at Edelstein Martin & Nelson is ready to help. Call us today at (302) 295-5050 to speak with our efficient Delaware personal injury lawyer and start your path toward recovery.