Delaware Personal Injury Guide

Delaware is a bustling metropolis, full of work and industry. That means lots of vehicles, and lots of vehicles can potentially mean lots of accidents. Maybe it's you who will be hurt, or perhaps it will be a friend or family member. Whatever the case, if you need guidance for your personal injury case, Enjuris has the answers.

Delaware Personal Injury Cases & Accident Info

Delaware statutes online

This is where you’ll find Delaware's statutes. This has information regarding how long you have to bring a case, damage caps on personal injury claims, and other relevant information.

Delaware Code Online

To read:

Delaware's car accident statutes of limitation

In Delaware, you have two years to bring both a personal injury claim and a property damage claim. That doesn't mean the whole lawsuit must be completed in two years; all that means is the paperwork has to be filed with the court before two years are up.

Car accident lawsuit time limits by state

To read:

Hiring a lawyer in Delaware

The first meeting with a personal injury attorney is usually free. (Keep in mind that other legal specialties, such as traffic law or IP law, are different.) After that, lawyers work on a contingency fee, which means that their office will receive a third of the eventual reward, plus office expenses.

If your case ends up going to trial, the percentage could rise to 40% of the eventual reward or judgment. These numbers aren't set by law, so don't be surprised if your lawyer suggests something different.

Find a lawyer in Delaware

Want to hire a lawyer and need some help? Check out some of our best articles:

Cases of interest and business law in Delaware

These are some of the most important Supreme Court cases that came out of Delaware in the past hundred years or so:

  • TC Heartland, LLC v. Kraft Foods Group Brands, LLC, Slip Opinion, No. 16-341 (2017): This Supreme Court opinion dealt a devastating blow to "patent trolls," evil creatures who snatch up existing patents instead of making their own products – just so they can litigate or license, and get money that way. Now, the Court has claimed that defendants should only face litigation in the state where the patent was incorporated. For millions of patents, that means Delaware. Many trolls would file claims where they had the best odds of a favorable judgment, and that was why a tiny district in eastern Texas became so popular that hotels started offering legal case search subscriptions. This case was very strange because it almost nothing to do with technology – it was about sweeteners, and TC Heartland arguing that it shouldn't have to face a suit against Kraft in Delaware because it's based in Indiana. However, the echoes of this case affecting patents and said trolls will be heard for years – if not decades – to come.

  • Rauf v. Delaware, Cr. ID No. 1509009858 (2016): A Temple University law graduate was convicted of murder a former classmate and was sentenced to death. The Delaware Supreme Court invalidated the state's death penalty statute because under the Supreme Court's recent reasoning in Hurst v. Florida, another death penalty case, a jury, not a judge, should sentence a person to death. They turned the issue back over to a very divided General Assembly, who probably won't solve the issue anytime soon.

  • Business incorporation in Delaware: Why does everyone incorporate in Delaware? Well, technically it isn't "everyone," but it sure is a lot of people – more than 50% of Fortune 500 companies set up their businesses in the state. More companies than people are in the state. This is because there is a strong business shield law, the Chamber of Commerce has been ranked #1 in eight consecutive studies, and some of the best lawyers in the country are located there. If you want a business-friendly state that will put your interests first, Delaware is the place to go.

Data and statistics

Here is some intriguing data about the state of Delaware.

Delaware law libraries

There are a lot of issues you can solve without the help of a lawyer. And if you don't know where to start, a law librarian can help you. They are often legally trained, and they can help you both with texts or online research engines like Westlaw or LexisNexis. There is only one America Bar Association-approved law school within the state's borders, and the court system has three satellite libraries for the public to use in New Castle County, Kent County and Sussex County.

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Interesting facts about Delaware

Delaware is often called the Small Wonder - here are some interesting facts about the First State!