When it comes to personal injury claims, one of the most crucial things to keep in mind is the statute of limitations. This is the time limit that dictates how long a plaintiff has to file a lawsuit after an injury occurs. In Delaware, the statute of limitations for personal injury claims varies depending on the type of case.
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Time Limits for Personal Injury Cases in Delaware
Delaware has different statute of limitations for different types of personal injury cases:
1. Personal Injury Claims
Under Delaware law, the statute of limitations for filing a personal injury claim is two years from the date of the injury. Plaintiffs have two years from the date the injury occurred to file a lawsuit.
2. Medical Malpractice Claims
The statute of limitations for medical malpractice claims in Delaware is also two years from the date the injury occurred. However, there are some exceptions that can extend the deadline.
For example, if the plaintiff did not discover the injury until after the two-year period had elapsed, they may be able to argue that the statute of limitations should be extended. Additionally, minors have two years from the date they turn 18 to file a medical malpractice claim.
3. Product Liability Claims
If you’ve been injured by a defective product, you may be able to file a product liability claim against the manufacturer. In Delaware, the statute of limitations for product liability claims is two years from the date of the injury.
Exceptions that may extend the deadline include situations where the plaintiff did not discover the injury until after the two years had elapsed.
4. Wrongful Death Claims
If someone dies as a result of another person’s negligence or intentional actions, the surviving family members may be able to file a wrongful death claim. In Delaware, the statute of limitations for wrongful death claims is two years from the date of the decedent’s death.
Some exceptions to the deadline may apply if the cause of death was not immediately apparent or if the plaintiff discovers new evidence.
Why You Need to File Your Claim Before the Deadline
It’s important to file your personal injury claim before the statute of limitations expires. Once the deadline passes, you’ll lose your right to pursue legal action. Even if you have a strong case and could potentially win compensation, you won’t be able to recover damages.
Additionally, waiting too long to file your claim can make it harder to gather evidence and find witnesses. Memories fade, evidence may be lost or destroyed, and witnesses may move away or become unavailable. All of these factors can make it more difficult to build a strong case.
Conclusion
If you’ve been injured due to someone else’s negligence, it’s important to understand Delaware’s statute of limitations for personal injury claims. In most cases, you have two years from the date of injury to file a lawsuit. However, medical malpractice, product liability, and wrongful death claims may have exceptions that can extend the deadline.
Don’t let the statute of limitations expire and miss out on the compensation you deserve. Consult with an experienced personal injury attorney as soon as possible to discuss your legal options.