Personal Injury Lawsuit

DE Lawsuit Statute of Limitations

Every state has statute of limitations determining the time frame in order to file a lawsuit for wrongful death, personal injury, medical malpractice, and product liability.

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Delaware – Statute of Limitations
Negligence – 2 years
Medical Malpractice – 2 years from date of injury; if injury not discoverable within 2 years, then 3 years from date of injury
Product liability – 2 years
Wrongful death – 2 years of DOD
Survival – 2 years

There are no limits on economic or non-economic damages. Punitive damages are permitted only when there is a finding of malicious intent to injure, or of willful and wanton conduct on the part of the defendant.

Delaware – Caps on Attorney Fees - The amount of the claimant's attorney's fees may not exceed the amounts in the following schedule:
(1) 35% of the first $100,000 of damages;
(2) 25% of the next $100,000 of damages;
(3) 10% of the balance of any awarded damages.
(b) Notwithstanding subsection (a) of this section, a claimant has the right to elect to pay for the attorney's services on a mutually satisfactory per diem basis. The election, however, must be exercised in written form at the time of employment.

Minors/minors tolling - Except in the case of medical malpractice, there are no other special rules for minors (under 18)

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Resource - Delaware Trial Lawyers Association
913 Market Street
Suite 315
Wilmington, DE 19801
302-421-2801

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