Modified Comparative Negligence (51% Bar)
Delaware follows modified comparative negligence with a 51% bar (Del. Code Title 10, § 8132). Plaintiff can recover if not more than 50% at fault; damages reduced proportionally. If plaintiff is 51% or more at fault, recovery is barred.
No Cap
No limit on non-economic damages
2 years for personal injury
Deadline to file your lawsuit
Delaware follows modified comparative negligence with a 51% bar (Del. Code Title 10, § 8132). Plaintiff can recover if not more than 50% at fault; damages reduced proportionally. If plaintiff is 51% or more at fault, recovery is barred.
Example:
If plaintiff is 30% at fault for $100k damages, they recover $70,000. If plaintiff is 51% or more at fault, they recover $0.
Delaware does not impose general caps on damages in personal injury cases
$0
Based on reported cases in Delaware
14,469
Personal injury lawsuits per year
Delaware follows modified comparative negligence with a 51% bar rule. Delaware's Court of Chancery is famous for corporate litigation, but its Superior Court handles significant personal injury matters.
As a major corporate domicile, Delaware has seen significant asbestos litigation against corporations headquartered in the state. The DuPont C8 litigation over PFAS contamination resulted in settlements exceeding $670 million.
Delaware's position on I-95 results in numerous trucking accident cases, with the state's courts handling multi-state commercial vehicle litigation.
Delaware personal injury cases are filed in Superior Court, with three counties (New Castle, Kent, Sussex). New Castle County (Wilmington) handles the majority of civil litigation.
Delaware follows the Superior Court Civil Rules modeled on federal rules. The state's small size means a relatively intimate legal community.
Delaware courts use mandatory arbitration for cases under $100,000. Settlement conferences are common before trial, and judges actively encourage resolution.
Delaware attorneys are licensed by the Delaware Supreme Court. The state's small size means attorney reputation and relationships matter significantly.
The Delaware Trial Lawyers Association is the state's primary plaintiff attorney organization. Many Delaware attorneys also practice in neighboring Pennsylvania and Maryland.
Contingency fees in Delaware typically range from 33-40%. The state's proximity to Philadelphia provides access to specialized experts and medical care.
Delaware's statute of limitations for personal injury is 2 years under Del. Code Ann. tit. 10, § 8119. This applies to most negligence claims.
Medical malpractice has a 2-year statute of limitations with a 3-year statute of repose. Claims against Delaware government entities have a 1-year limit and specific notice requirements.
This calculator provides estimates only and is not legal advice. Laws in Delaware are complex and individual case results vary. Consult a licensed Delaware attorney for advice specific to your case.