If you’ve recently been injured in an accident in Delaware, you may be entitled to compensation for your injuries. However, it’s important to understand Delaware’s Statute of Limitations for Personal Injury Claims in order to protect your legal rights and ensure you receive the compensation you deserve.
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What is a Statute of Limitations?
A statute of limitations is a time limit on filing a lawsuit. This means that if you wait too long to file a claim, you may lose your legal right to do so. Each state has its own statute of limitations for different types of claims. In Delaware, the statute of limitations for personal injury claims is two years from the date of the accident.
Why is the Statute of Limitations important?
The Statute of Limitations is important because it helps ensure that evidence is fresh and reliable, and also ensures that all parties involved have a timely resolution in order to move on with their lives. Furthermore, if you do not file a lawsuit within the time limit, the judge may dismiss your case and you will not be entitled to any compensation.
Exceptions to the Statute of Limitations
There are certain exceptions to Delaware’s Statute of Limitations for Personal Injury Claims. Under certain circumstances, the statute of limitations may be extended or “tolled,” meaning that the clock stops running for a period of time:
Minors
If the injured person was a minor at the time of the accident, the statute of limitations is extended until the minor turns 18 years old. This means that a minor has until their 20th birthday to file a personal injury claim.
Mental incompetence
If the injured person was mentally incompetent at the time of the accident, the statute of limitations may be tolled until they regain their mental competency.
Discovery rule
In certain cases, such as medical malpractice, the injury or harm caused may not be immediately discovered. In these situations, the statute of limitations clock does not begin to run until the injury or harm is discovered, or should have been discovered, through reasonable diligence.
Government claims
If the personal injury claim is against a government entity, there are specific rules and procedures that must be followed. In Delaware, you must file a notice of claim within 6 months of the incident and then file your personal injury claim within two years of the notice of claim.
What happens if you miss the Statute of Limitations deadline?
If you miss the Statute of Limitations deadline in Delaware, you may lose your legal right to seek compensation for your injuries. The judge may dismiss your case and you will not be entitled to any compensation. It’s important to seek the help of an experienced personal injury attorney as soon as possible after an accident to ensure that you file your claim within the appropriate time limit.
How can a personal injury attorney help?
A personal injury attorney can help ensure that your rights are protected and will work to ensure you receive the compensation you deserve for your injuries. An experienced attorney can help you navigate the legal process and ensure that your claim is filed within the appropriate time limit.
If you’ve been injured in an accident in Delaware, contact a personal injury attorney today to learn more about the statute of limitations and protecting your legal rights.