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Personal Injury Law

Delaware Personal Injury Lawyers

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Delaware Personal Injury Overview

Personal injury law involves civil claims in which an individual is injured through the negligence, recklessness or intentional misconduct of another person, a company, or property owner. A personal injury lawsuit may arise from physical or emotional injuries. Personal injury law compensates individuals injured as a result of another's negligence or intentional misconduct. Personal injury laws vary from state to state. If you believe you have a personal injury claim, you should contact a personal injury lawyer in Delaware to evaluate your claim.

Click here for more information about Personal Injury law in Delaware.

Delaware follows a system using the modified comparative negligence – 51% rule.  In states following a modified comparative fault – 51% rule, an injured party can only recover if it is determined that his or her fault in causing the injury does not reach 51%.  If the injured party was 50% or less at fault, he or she may still recover damages.  However, if a plaintiff’s fault reaches 51%, he or she recovers nothing.  In other words, a plaintiff may have caused half of the accident and still recover damages from the court, but if it is found that the plaintiff’s fault was responsible for more than half of the accident, that plaintiff is barred from receiving any damages determined by the court.  Here, as in a pure comparative negligence state, a plaintiff’s recovery is reduced by the degree of his or her fault.  For example, if Debbie sued Dave for damages she suffered in a car accident involving their vehicles, and Debbie was 51% at fault, Debbie would not recover anything from Dave.  If, however, Debbie was 40% at fault, she could recover damages, but the damage award would be reduced by her portion of the fault in causing the injury.  Therefore, a finding that Debbie suffered $10,000 in damages would result in Debbie receiving an award reduced by 40%, or a final award of $6,000. 

Click here to read about contributory vs. comparative negligence.

A statute of limitations is a type of law that restricts the period of time that a person may initiate legal proceedings.  Time limits can vary depending on the type of case and the state where the particular cause of action occurred. To learn more about statutes of limitations, read our Statute of Limitations page. To see a state by state comparison chart for the personal injury statute of limitations for each state, read our Statute of Limitations for Personal Injury Actions page.

Delaware Statutes of Limitations

In Delaware, the courts follow the common law doctrine of joint and several liability, where each defendant is jointly and severally liable for the entire amount of the financial judgment.  Any defendant named in the judgment is liable to the plaintiff for the entire amount, regardless of his or her share of the fault.  

Click here for more about Joint and Several Liability.

One of the best ways to research personal injury lawyers in Delaware is to contact courts in DE and ask them for information about the personal injury attorneys who utilize their legal facilities when they bring personal injury cases to court. We have compiled a list below of some courts in Delaware to get you started:

Supreme Court
Delaware Supreme Court
Carvel State Office Building
820 North French Street, 11th Floor
Wilmington, DE 19801
302-577-8425

Courts of Chancery
New Castle County Court of Chancery
New Castle County Courthouse
500 North King Street
Wilmington, DE 19801
302-255-0544

Kent County Court of Chancery
Judicial Chambers
417 South State Street
Dover, DE 19901
302-739-4397

Sussex County Court of Chancery
Court of Chancery Courthouse
34 The Circle
Georgetown, DE 19947
302-856-5777

Superior Courts
New Castle County Superior Court
New Castle County Courthouse
500 North King Street
Wilmington, DE 19801
302-255-0800

Kent County Superior Court
38 The Green
Dover, DE 19901
302-739-3184

Sussex County Superior Court
1 The Circle, Suite 2
Georgetown, DE 19947
302-856-5740

Courts of Common Pleas
New Castle County Court of Common Pleas
500 North King Street
Wilmington, DE 19801
302-255-0900

Kent County Court of Common Pleas
38 The Green
Dover, DE 19901
302-739-4618

Sussex County Court of Common Pleas
Sussex County Courthouse
1 The Circle, Suite 1
Georgetown, DE 19947
302-856-5333

Justice of the Peace Courts
Justice of the Peace Court 1
9 Main Street
Frankford, DE 19945
302-732-9580

Justice of the Peace Court 2
31 Route 24
Rehoboth Beach, DE 19971
302-645-6163

Justice of the Peace Court 3
23730 Shortly Road
Georgetown, DE 19947
302-856-1445

Justice of the Peace Court 4
408 Stein Highway
Seaford, DE 19973
302-628-2036

Justice of the Peace Court 6
35 Cams Fortune Way
Harrington, DE 19952
302-422-5922

Justice of the Peace Court 7
480 Bank Lane
Dover, DE 19904
302-739-4554

Justice of the Peace Court 8
100 Monrovia Avenue
Smyrna, DE 19977
302-653-7083

Justice of the Peace Court 9
757 North Broad Street
Middletown Square Shopping Center
Middletown, DE 19709
302-378-5221

Justice of the Peace Court 10
210 Greenbank Road
Wilmington, DE 19808
302-995-8640

Justice of the Peace Court 11
61 Christiana Road
New Castle, DE 19720
302-323-4450

Justice of the Peace Court 12
212 Greenbank Road
Wilmington, DE 19808
302-995-8646

Justice of the Peace Court 13
Concord Professional Building
1010 Concord Ave
Wilmington, DE 19802
302-577-2550

Justice of the Peace Court 14
5 East Pine Street
Georgetown, DE 19947
302-856-4657

Justice of the Peace Court 15
130 Hickman Road, Suite 13
Claymont, DE 19703
302-798-5327

Justice of the Peace Court 16
480 Bank Lane
Dover, DE 19904
302-739-4316

Justice of the Peace Court 17
23730 Shortly Road
Georgetown, DE 19947
302-856-1447

Justice of the Peace Court 19
408 Stein Highway
Seaford, DE 19973
302-629-5433

Justice of the Peace Court 20
Public Safety Building
300 North Walnut Street
Wilmington, DE 19801
302-577-7234

 
Click on a link to find a Personal Injury Lawyer in that state.
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Disclaimer: The information throughout The Personal Injury Directory is not intended to be or to replace legal advice. The information throughout The Personal Injury Directory is intended to provide general information regarding personal injury law. If you are interested in bringing a personal injury lawsuit in Delaware, contact an accident attorney in your area.
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