Statute of Limitations for Personal Injuries in Delaware

When a person becomes injured as a result of another party’s negligence, they may wish to file a personal injury lawsuit. A personal injury case works to hold a negligent party responsible for injuries that happen as a result of their neglect. Sometimes, there are cases in which people hesitate to bring a lawsuit against a negligent party for a long period of time after an accident. This may be because of a fear that they cannot afford the legal fees that are associated with a lawsuit. It may also be because they do not wish to cause any further trouble. This is typically seen if the claim was being filed against a relative or friend.

However, many people do not realize that personal injury attorneys are paid on a contingency basis. This means the attorney only receives payment in the event that they recover an award for the injured party. In addition to this, the attorney’s payment is usually taken out of the award that is recovered.

Delaware’s Statute of Limitations

When an individual is hurt as a result of a personal injury accident, it is crucial to not wait too long to pursue a lawsuit. This is because there is a statute of limitations on an individual’s time to do so. A statute of limitations is a deadline that people are required to meet if they wish to file a lawsuit against another party. In the state of Delaware, injured individuals that are involved in a personal injury accident have a two-year statute of limitations from the date of their injury to go to court and file a lawsuit.

If the injured party fails to file a lawsuit within this two-year time limit, the state of Delaware may not allow them to bring the lawsuit against the negligent party.

Notice of Claim Requirements

If an individual becomes injured as a result of a municipality’s negligence, a different process is required to pursue a lawsuit. When this happens, the individual is required to file a Notice of Claim. This gives notice to a municipality that the individual plans to bring a lawsuit against them. In the state of Delaware, individuals only have a one year period from the date of their injury to file a Notice of Claim. It can be helpful for people to have an experienced personal injury attorney at this time to assist them in navigating their case.

Contact our Firm

If you or someone you know sustained an injury in a car accident and wishes to speak with a skilled attorney, contact Mattleman, Weinroth & Miller, P.C. today.

MW&M is comprised of an experienced team of attorneys focusing on legal matters of personal injury, workers’ compensation, Social Security Disability, product liability, and wrongful death in Delaware. If you require an effective attorney to guide you through these difficult legal matters, contact MW&M today to schedule a free case evaluation.