Guidelines For Filing A Successful Auto Accident Lawsuit In Delaware

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Guidelines For Filing A Successful Auto Accident Lawsuit In Delaware

20 April 2016
 Categories: , Blog


If you were recently in an auto accident, then you are probably dealing with a lot of stress. You might have serious auto repair bills, medical bills, and possibly even towing costs. If you were seriously hurt, then you might not even be able to actually work for a few weeks. In other words, you might have been hit with some serious financial burdens as a direct result of that accident.

Thankfully, you do have one tool that you can use to get that money back: a lawsuit. Unfortunately, lawsuits can differ quite a bit from state to state, so it's critical that you understand exactly how auto accidents work in your state. To help you get started, here are a couple of the key rules that you need to be familiar with before officially filing an auto accident lawsuit in the state of Delaware:

Comparative Fault

The concept of comparative fault is extremely important when it comes to auto accidents. The general idea is that comparative fault determines the impact that responsibility has on the awarded compensation. In short, the more responsible that you were for your injuries, the less money that you will get if you win your lawsuit.

Every state has pretty different laws on the subject, with some states being harsh and others being very lenient. Harsher states will eliminate any compensation if you were even 1% responsible, while more lenient states will allow you to collect some money, even if you were 99% responsible.

Delaware splits the difference, allowing you to collect some money as long as you were no more than 50% responsible. If you were more than 50% responsible, then you won't actually get any money at all.

Damage Caps

Damage caps effectively limit the amount of money that you may be awarded. Some states have strict caps on noneconomic damages, while other states may have caps on the overall amount of money that be awarded, which means that both economic and noneconomic damages are subject to the cap. Other states have no caps at all, meaning that you can ask for as much money as you want (although that doesn't actually mean that you will be awarded the amount that you initially asked for).

Fortunately for you, Delaware does not have any explicit damage caps when it comes to personal injury lawsuits. This means that you are not limited in the amount of money that you can ask for. If you feel that your pain and suffering amount to millions and millions of dollars, then you are perfectly free to pursue such an award. If you actually live in Arizona, contact a local attorney like Knochel Law Offices P.C. about your state's laws.