Personal Injury? You’re on the clock!
In the State of Delaware, the general statute of limitation for someone to report personal injury due to negligence is 2 years after the accident. If this 2-year gap closes before you file a lawsuit, Delaware’s Civil Court system will most likely refuse to even hear your case.
How to know if you even have a case
The first thing we must look at is who is at fault for negligence. If someone else’s negligence led to your injury, then you may have a case. People who have been injured during a slip and fall accident or a vehicle accident may suffer from more than just pain and discomfort. They may have had to miss work or take unpaid leave. Businesses like supermarkets and retail stores are responsible for taking the proper steps to prevent slip and fall accidents. When carelessness and negligence are evident and can be proven in a case, you deserve the proper compensation!
However, in the State of Delaware, it is important to note the Court follows a rule of modified comparative negligence. Meaning that in cases of personal injury where a victim can be found partially responsible for his or her own injuries, the damages they receive will be reduced by a percentage that the Court declares their share of the fault. There was a time that if a plaintiff was found to be in any way at fault, he or she would lose their right to bring a claim. So, in practice, if the Court finds you, as plaintiff, at fault for 20 percent of your injury, you will only receive 80 percent of the damages. If the Court finds that you are responsible for 50 percent of more of the injury, then you cannot collect any damages.
Our team of experienced slip and fall lawyers have been helping accident victims in Delaware get compensated for their pain and suffering. Don’t let another’s negligence lead to money out of your pocket. Here at Giordano, DelCollo, Werb & Gagne, LLC we offer a free consultation to discuss the details of your accident and determine if you have a case to sue for compensation for medical bills and damages.