Injury Laws in Delaware That Can Affect Your Claim

After being injured by someone else in an accident, you may be wondering how you can obtain compensation. Certain personal injury laws in Delaware can prevent you from seeking compensation if you are unaware of them. The statute of limitations, for example, can prevent you from ever seeking compensation once a certain period of time passes by. Understanding no-fault insurance and comparative negligence laws are important when it comes to building a defense for your claim. Feel free to talk with a Delaware personal injury lawyer if you have questions about any of this.

NO-FAULT INSURANCE 

The state of Delaware operates under a no-fault insurance system that uses personal injury protection (PIP) for compensation. This means insurance companies are obligated to cover your damages with a certain amount of compensation, regardless of who was at fault for the accident. However, this also means there are restrictions on how much compensation you may receive and limits on your ability to file a lawsuit against the third party who caused your injuries. 

PIP is mandatory coverage offered by insurance companies in Delaware, which usually covers your medical bills, lost wages, and funeral costs related to the accident. The amount of coverage you receive can vary depending on your insurance company and their policies. 

There are certain circumstances where you can file a lawsuit against the third party who caused your injuries. In Delaware, the statute of limitations for seeking compensation is two years after the accident. The third party you sue may be the manufacturer or seller of a defective product, the driver who caused the car accident, or the owner who failed to warn you of hazards on their premises. In either case, you may be able to sue that person if you suffered severe injuries, acquired a disability, or lost a loved one. 

COMPARATIVE NEGLIGENCE IN DELAWARE

Comparative negligence is used by some states to figure out the percentage of fault each party was responsible for in the accident. The amount of compensation you can receive depends partially on your percentage of fault. 

Delaware used a modified comparative negligence rule. This rule allows you to seek compensation from the third party’s insurance company based on your percentage of fault. The main difference is that the amount of compensation you receive is be limited based on your percentage of fault. You may receive less compensation the higher your percentage of fault is. At a point where your percentage of fault is higher than the other person’s, you will be prevented from seeking compensation. 

PERSONAL INJURY LAWYER IN DELAWARE

Figuring out what your legal options are, given your unique situation, can be difficult to do alone. Insurance companies will often use every law and tactic against you to reduce the amount of compensation they have to pay you. Try talking to a Delaware accident lawyer if you have encountered obstacles to obtaining compensation. Call Edelstein Martin & Nelson at (302) 295-5050 today for a free consultation. Our team of lawyers will work with you to collect the evidence you need for your claim.