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
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.