When someone is injured in an accident that was caused by someone else’s negligence, they have the right to seek compensation for their damages. These damages can include medical expenses, lost wages, pain and suffering, and more. However, in some states, there are caps on the amount of damages that can be awarded in personal injury cases. In this article, we’ll explore the laws surrounding personal injury damages in Delaware.
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Types of Damages in Delaware Personal Injury Cases
Before we dive into the caps on damages in Delaware personal injury cases, it’s important to understand the types of damages that are typically awarded in these cases. These can include:
Economic Damages
These are damages that can be easily quantified, such as medical expenses, lost wages, and property damage. Economic damages are meant to compensate the victim for their financial losses.
Non-Economic Damages
These damages are more difficult to measure, as they include things like pain and suffering, emotional distress, and loss of enjoyment of life. Non-economic damages are meant to compensate the victim for the intangible losses they have experienced.
Caps on Damages in Delaware
Unlike many other states, Delaware does not have any caps on damages in personal injury cases. This means that victims of accidents can potentially receive unlimited compensation for their damages.
However, it’s important to note that this does not mean that victims will always receive a large settlement or judgment in their favor. Each case is unique, and the amount of compensation awarded will depend on factors such as the severity of the injuries, the extent of the damages, and the amount of insurance coverage available.
Comparative Negligence in Delaware
One factor that can impact the amount of compensation awarded in a personal injury case in Delaware is comparative negligence. Delaware is a comparative negligence state, which means that if the victim is found to be partially at fault for the accident, their compensation can be reduced accordingly.
For example, if a victim is found to be 20% at fault for an accident that caused $100,000 in damages, their compensation may be reduced by 20% to $80,000.
Statute of Limitations in Delaware
It’s important to note that there is a deadline for filing a personal injury lawsuit in Delaware. This deadline is known as the statute of limitations, and it varies depending on the type of case.
In most personal injury cases, including car accidents and slip and fall accidents, the statute of limitations is two years from the date of the accident. For medical malpractice cases, the statute of limitations is typically three years from the date of the injury or one year from the date the injury was discovered (whichever comes first).
Hiring a Personal Injury Attorney in Delaware
If you have been injured in an accident in Delaware, it’s important to consult with a personal injury attorney as soon as possible. An experienced attorney can help you understand your rights and options, and can work to ensure that you receive the compensation you deserve.
When choosing an attorney, look for someone who has experience in personal injury cases similar to yours, and who has a track record of success in obtaining favorable outcomes for their clients.
Conclusion
In summary, there are no caps on damages in Delaware personal injury cases. Victims of accidents can potentially receive unlimited compensation for their damages, though the amount of compensation awarded will depend on a variety of factors.
If you have been injured in an accident in Delaware, it’s important to consult with a personal injury attorney to ensure that your rights are protected. With the right legal representation, you can work towards obtaining the compensation you deserve.