Let's translate that into plain English: In any Delaware personal injury case where the plaintiff is found to be at fault, that person can still get compensation for their injuries, as long as their share of liability does not exceed 50 percent.
How common are car accident lawsuits in Delaware?
Of those, about 100-150 are fatal and over 5,000 are personal injury crashes, i.e., where a driver, passenger or pedestrian suffered a physical injury. With the number of deaths and personal injuries, car accident lawsuits are one of the most common types of injury cases filed in Delaware courts.
How do medical bills work in a Delaware car accident lawsuit?
In a nutshell, a plaintiff in a Delaware car accident lawsuit can plead and prove the full value of medical bills (in excess of PIP), even if they were already paid by the plaintiff’s own health insurance. Injured parties in a Delaware car accident lawsuit can make claims for both past and future medical bills.
Can the injured party make a PIP claim in Delaware?
Under Delaware law, the injured party cannot make a claim for any bills that were already paid by an auto insurance carrier, via PIP. This is very common under PIP laws of other states like Pennsylvania.
Can I claim medical bills paid by out-of-State Insurance in Delaware?
However, Delaware law does allow injured parties to make a claim for medical bills that were paid by private health insurance or by out-of-state PIP. This is known as the collateral source rule.
Is Delaware a PIP state?
Delaware has a form of no-fault automobile insurance called Personal Injury Protection or “PIP”, which pays for your medical bills and lost wages, but not for your pain and suffering. Delaware no-fault law allows you to sue the person who caused the car accident and your injuries for pain and suffering.
Is Delaware a Deemer state?
Who Does the Deemer Statute Apply to? The deemer statute applies to any out of state driver who drives their car in New Jersey and gets into an accident. Therefore, the statute will apply to residents of Pennsylvania, New York, Delaware, Maryland, etc.
What is the statute of limitations in Delaware for personal injury?
§ 8119. Personal injuries. No action for the recovery of damages upon a claim for alleged personal injuries shall be brought after the expiration of 2 years from the date upon which it is claimed that such alleged injuries were sustained; subject, however, to the provisions of § 8127 of this title.
How is pain and suffering calculated in Delaware?
Pain & Suffering in a Delaware Car Accident Case Under Delaware law, a damages award in an auto accident lawsuit must be just and reasonable compensation for the injuries and harm caused by the negligent driver. There is no formula which determines the amount of an award for pain and suffering.
Is Delaware no-fault?
Delaware Is a "Fault" Car Accident State Delaware follows a "fault" system when it comes to financial responsibility for injuries, vehicle damage, and other losses stemming from a car accident.
Is Delaware a full tort state?
No, Delaware is not a no-fault state. Delaware is a tort state that requires drivers to have no-fault insurance, which means drivers must use personal injury protection (PIP) insurance to pay for their own injuries after an accident but are not limited when it comes to suing an at-fault driver for compensation.
Can you sue for pain and suffering in Delaware?
Delaware is known as the first state to ratify the Constitution and as a tax-friendly place for corporations. It also has favorable laws for an injured person seeking damages for "pain and suffering," a legal term for both the physical and emotional distress caused by an injury.
Is Delaware a comparative negligence state?
Comparative Negligence Laws In Delaware Delaware adheres to the 50% rule regarding Comparative Negligence. This means that the plaintiff, or victim, may recover as long as the plaintiff is not more at fault than the defendant, i.e. if liability is 50-50, the plaintiff may recover.
How long do Judgements last in Delaware?
A judgment in the Justice of the Peace Court is good for five years. Thereafter, court procedures may be used to attempt to collect a judgment only if the judgment is revived by scire facias. To revive a judgment by scire facias, the plaintiff should file a motion to revive the judgment.
Can I sue for emotional distress in Delaware?
Intentional infliction of emotional distress may warrant damages in the absence of an injury provided there is a showing of severe emotional distress caused by extreme or outrageous conduct. Delaware recognizes wrongful death actions.
How long does an insurance company have to settle a claim in Delaware?
Insurance companies in Delaware have at least 45 days to acknowledge a claim and decide whether or not to accept it. Delaware does not have a specific timeframe in which the final payment must be made, however, and only mandates that it be done "promptly".
What is the formula for pain and suffering?
One of the most common techniques for calculating pain and suffering is to add up the claimant's medical bills stemming from their car accident injuries, multiply those by a number between 1.5 on the low end, and 4 or 5 on the high end.
How are damages calculated in personal injury cases?
Unfortunately, the law does not provide a specific method or formula for determining the amount you're owed. Instead, personal injury damages are based on a combination actual expenses and compensation for pain and suffering. There are many factors to be considered when determining the amount you are owed.
Is pain and suffering the same as emotional distress?
Emotional distress falls under pain and suffering damages, but it is not the same as pain and suffering. Emotional distress most often occurs when the victim of an accident witnesses someone else suffer a traumatic injury or death, or they themselves suffer a traumatic injury.
What's the legal term for pain and suffering?
Legally, though, "pain and suffering" describes the physical pain and emotional distress a victim endures as a result of a personal injury accident. Emotional distress (also called "mental anguish") can include depression, anxiety, insomnia, irritability, and more.
How long do you have to file a personal injury claim in Delaware?
(How long do I have to file my accident claims in Delaware?)#N#The Delaware statute of limitations for filing personal injury claims is 2 years. Medical malpractice claims must be filed within 2 years from the date of injury (or up to a maximum of 3 years if the injury was not known or could not have been known within 2 years ). Product liability claims must be filed within 2 years. Statutes of limitations are subject to change. Contact a Delaware injury attorney for definitive statutes at the time of your accident or injury.
What is the 51% bar rule in Delaware?
Delaware’s 51% bar rule does not allow an injured party to recover damages if he is 51% or more at fault for the accident or injury. Recovered damages are also reduced by degree of guilt. If you have been injured in a personal injury case, talk to a Delaware injury lawyer for more information about your compensation eligibility.
Is Delaware a fault state?
Delaware is a Fault State#N#Delaware has adopted a fault-based system for auto insurance. Insurance companies will require each party to pay for damages according to their degree of fault. Car accident lawsuits may be filed under some conditions for uncompensated economic damages including lost wages, medical expenses and pain and suffering.
Factors That Can Affect Your Settlement Value in a Personal Injury Case
It’s only natural to wonder what is the settlement value for personal injury in Delaware. What can you realistically expect to receive in compensation for your pain and suffering?
What is Considered when Determining Settlement Value?
If a driver hits your car and injures you in Delaware, your car insurance company or the insurance company of the car that you were riding in will pay for your medical bills and any lost wages. This is known as Personal Injury Protection (PIP).
Factors that can Affect your Settlement Value
After an accident, people often want to know what the average settlement for a personal injury is so that they know what to expect. Unfortunately, it is not that simple. Many different factors affect settlement value, so it is difficult to calculate an average.
1. The Severity of the Injury
The number one factor affecting the amount you could receive in compensation is the severity of the injuries suffered. Injuries are classified into two different categories — soft and hard.
2. Medical Treatment
Medical treatment also influences the amount of the settlement. The kind of medical treatment an injured person receives and who provides the treatment affect the settlement value.
3. Income
A personal injury accident disrupts the injured party’s ability to do their work and earn an income. The more severely you are hurt and the longer your ability to work and earn a living is affected, the larger the settlement could be.
4. Emotional Distress
Physical injuries are not the only kind of injuries that you can suffer when in a crash. It is not unusual to suffer from depression or insomnia. Victims of an accident may be fearful of driving or experience agoraphobia, the fear of going out in public places.
How Much Does PIP Insurance Cost in Delaware?
As you can see from the sample quotes below, the monthly cost of PIP insurance can differ by $57 per month simply by changing the deductible, the amount of money you'd pay before receiving benefits.
How much PIP coverage is required in Delaware?
The minimum PIP coverage required in Delaware is: $15,000 of expenses per person involved in an accident. $30,000 of expenses for all parties involved in an accident. $5,000 of funeral expenses. These are the minimum requirements, but you can purchase more if higher levels of coverage are offered by your insurer.
What is the minimum PIP coverage in Delaware?
PIP insurance in Delaware covers all medical expenses, lost wages and other costs related to an injury sustained for two years following an accident, so long as these expenses don't exceed your coverage limits. The minimum PIP coverage required in Delaware is: 1 $15,000 of expenses per person involved in an accident. 2 $30,000 of expenses for all parties involved in an accident. 3 $5,000 of funeral expenses.
What is PIP insurance in Delaware?
Delaware requires all vehicle owners to carry personal injury protection (PIP) insurance, which provides coverage for injuries sustained in a car accident. PIP insurance is first-party coverage, meaning it pays for your own injuries and lost income if you're injured.
What is a PIP claim?
The PIP application acts as the record of all procedures and costs that you intend to request payment for, so be as thorough as possible in listing all relevant information. A claim may be rejected or contested if it's for an injury not contained within the initial PIP application. Once you've completed and returned the PIP application, the insurer should begin to cover payments related to the accident.
What are the medical expenses associated with a car accident?
These can include hospitalization, dental treatment, surgery, X-rays, ambulance transportation, prosthetics and rehabilitation.
Is personal injury protection required in Delaware?
Personal injury protection is required auto insurance in Delaware. PIP insurance covers all parties in any accident involving a car, including the driver, passengers and anyone injured in the collision. So a pedestrian or bicyclist who was hurt in a collision with your vehicle would also be covered by your PIP insurance.
What is the most common type of injury lawsuit in Delaware?
With the number of deaths and personal injuries, car accident lawsuits are one of the most common types of injury cases filed in Delaware courts.
How many car accidents are there in Delaware?
Car, truck and pedestrian accidents are an everyday occurrence in Delaware. According to the Delaware State Policy, there are about 20,000 to 25,000 car accidents in Delaware each year. Of those, about 100-150 are fatal and over 5,000 are personal injury crashes, i.e., where a driver, passenger or pedestrian suffered a physical injury.
How to prove pain and suffering?
Whether it’s a catastrophic injury or a less serious one, the plaintiff must prove their pain and suffering. Proof of physical pain comes from the injuries themselves, medical records and the plaintiff’s testimony about the extent of the physical discomfort.
What happened to the plaintiff in the Rehoboth Beach case?
The injuries are serious and include a major head injury. As a result, the plaintiff experiences chronic headaches, memory loss, pain, depression and anxiety, all of which are medically documented.
How long does it take for a broken arm to heal?
For one person, a fractured arm can be a fairly simple injury that heals within 3 months with no complications or permanent symptoms. For another, the same injury can become a nightmare with complications and eventually, permanent loss of range of motion in the wrist. These types of individual factors play a large role in determining the value of pain and suffering in an auto accident lawsuit. Evidence of the extent of the injuries and how they affected the individual are key.
How long does a car accident disability last?
An individual may have to take time off of work when car accident injuries are severe. The disability period can last weeks, months or even longer.
What evidence can be used to prove the extent of a plaintiff's pain?
In some instances, pictures or video footage can provide visual evidence of the extent of the plaintiff’s physical pain. Also, witnesses may testify about what they saw and heard with respect to the plaintiff’s physical pain.
How Do Car Accident Settlements Work in Delaware?
All lawsuits must go through compulsory alternative dispute resolution (ADR) before they can proceed to trial. If the parties cannot agree on a format, the default form is mediation. If a settlement is reached during the ADR process, the arbitrator must notify the court within five days. You may reach a settlement in your car accident dispute anytime before the jury returns with a verdict. Settlements generally come in one of two forms: lump-sum, which gives you the entire award amount upfront, or structured, which pays money damages to you over the course of many years.
What is the Average Car Accident Settlement in Delaware?
Delaware's comparative fault negligence system under section 8132 makes it difficult to estimate the value of any given car accident settlement. Under Delaware's negligence laws, you are legally entitled to recover compensation for your injuries so long as you are not more at fault for your damages than the defendant. At a minimum, any settlement offer you accept should compensate you for:
