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How to File a Personal Injury Claim in Delaware

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How to File a Personal Injury Claim in Delaware

How to File a Personal Injury Claim in Delaware

Filing a personal injury claim sounds intimidating but does not have to be. Once you understand the basic steps and overall process, you might be ready to take this step yourself. There are important steps to take when filing your initial claim and additional options if your claim is denied. Reach out to a Wilmington accident lawyer to learn more.


The most important initial steps for filing a personal injury claim involve the gathering of evidence. Having all the necessary information and evidence will, in How to File a Personal Injury Claim in Delawaremost cases, strengthen your claim. These vary depending on the type of accident that caused your injuries and the circumstances of the accident.

Some accidents require more evidence and documents than others. The baseline evidence needed for almost every personal injury claim includes medical records, photos of damages, and evidence of the cause. Evidence of causation varies depending on the type of accident.

Car accidents and assault require police reports, slip and fall injuries involve photos of the negligent property, and workplace accidents usually involve witness statements. The goal when filing a personal injury claim is to collect as much evidence as possible. This evidence needs to show the damages or injuries you suffered, negligence, and details about the accident.

Evidence may come in the form of writing, documents, records, photos, videos, witness statements, and legal charges. Things that can impact your eligibility for compensation are:

  • A lack of evidence
  • Missing information
  • Delayed injuries that cannot be tied to the accident
  • Delayed medical treatment
  • Legal charges against you
  • Pre-existing injuries
  • Contradictions in evidence or testimonies

Do not forget to document and collect evidence for all damages you suffered. This does not only mean medical records and pictures of your injuries but also lost wages. Include evidence of missed work, property damages, repair costs, travel costs, and funeral expenses if applicable.


If you find yourself stuck with a denied personal injury claim, you have legal options. You can gather more evidence and re-submit your claim with updated information. When this fails, you may try consulting with a Wilmington personal injury lawyer about the next steps.

Depending on the case, you might be guided into negotiations with the party you are suing. Negotiating a settlement can prevent taking your claim to trial. When the third party refuses to negotiate, or a settlement cannot be reached, filing a personal injury lawsuit might be the only option left other than mediation or arbitration.

A lawyer can represent you in court when filing a personal injury lawsuit. Be prepared to go through the steps of testifying, discovery of evidence, and defending your claim.


Filing a personal injury claim can be a confusing process, but you may not have to do this alone. Feel free to call Edelstein Martin & Nelson by dialing (302) 504-4815 to talk to a Delaware personal injury attorney for a free consultation about your legal options. Our legal team is prepared to help you obtain compensation for lost wages, pain and suffering, and medical bills. We serve clients in Wilmington, DE.

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