When someone is injured in an accident, there are often more questions than answers. Whether the crash happened on busy highways like I-95 or on smaller local roads, Delaware residents and their families need clear information to move forward. This FAQ page is designed to answer common legal and practical questions after accidents in Delaware and guide you toward the support you may need.
How long do I have to file a personal injury lawsuit in Delaware?
In Delaware, you generally have two years from the date of the accident to file a personal injury claim. This applies to car accidents, slip and fall injuries, and other incidents caused by negligence. If you miss the deadline, the court may refuse to hear your case. It’s best to speak with a lawyer early so your rights are preserved.
What steps should I take after a crash in Delaware?
Call 911 to report the accident and check for injuries. If you can do so safely, take photos of the vehicles, road conditions, and any visible injuries. Exchange contact and insurance information with others involved and talk to police officers at the scene. After getting medical attention, consider contacting a personal injury attorney before dealing with insurance adjusters.
Am I required to report all car accidents to the police?
Yes. In Delaware, any accident involving injury, death, or more than $500 in property damage must be reported to law enforcement. Officers will usually respond and create an official crash report. This documentation is important for insurance claims and legal actions. If police don’t come to the scene, you must still report the accident to the Delaware Division of Motor Vehicles.
Can I still recover damages if I was partially at fault?
Delaware uses a modified comparative negligence rule. You can recover damages as long as you are 50 percent or less at fault. However, your total compensation will be reduced by your share of the fault. If you’re found to be more than 50 percent responsible, you will not be able to collect damages.
What compensation can I receive after an accident?
You may be entitled to compensation for medical bills, lost wages, property damage, and pain and suffering. If your injuries are serious, you could also receive compensation for future treatment, reduced earning ability, or permanent disability. In rare cases involving gross negligence, punitive damages might apply. The value of your claim depends on the details of your situation.
How do I get a copy of my Delaware crash report?
You can request a crash report from the law enforcement agency that responded to the accident. If Delaware State Police handled the case, you can request the report online at https://dsp.delaware.gov. You’ll need to provide basic details such as the date, location, and people involved. Reports may take several days to become available and often include a small processing fee.
What can I do if a loved one was killed in an accident?
Delaware law allows surviving family members to file a wrongful death claim when someone dies due to negligence or a wrongful act. Eligible parties typically include spouses, children, or parents. Compensation may cover funeral costs, lost financial support, and emotional grief. The deadline to file is generally two years from the date of death.
What if the other driver doesn’t have insurance?
If you have uninsured motorist coverage, your own insurance company may cover your losses. Delaware requires this coverage as part of standard auto insurance policies. If you don’t have it, you can sue the at-fault driver, but collecting compensation can be difficult if they lack assets. An attorney can help explore your legal options.
Are there programs that offer financial help to accident victims?
Yes. Delaware residents may qualify for programs like Medicaid, Temporary Assistance for Needy Families (TANF), or Supplemental Nutrition Assistance Program (SNAP). If the injury was related to a crime, the Delaware Victims’ Compensation Assistance Program may also help. These programs can offer relief while you recover or pursue a legal claim.
Should I take the first settlement the insurance company offers?
It’s usually best not to accept the first offer without reviewing it carefully. Insurance companies may offer less than what your case is worth, especially before your full medical costs are known. Once you accept a settlement, you likely can’t seek more compensation. A lawyer can help you understand whether the offer is fair.
Can I sue a government agency in Delaware?
Yes, but special rules apply when filing a claim against a state or local government entity. You usually must provide written notice within a short time—sometimes just one year after the injury. There are also damage caps and procedural steps that must be followed. Because these claims are more complicated, speaking with an attorney is important.
What if I was injured at work?
If you were hurt on the job, you may qualify for workers’ compensation benefits, which cover medical care and partial wage replacement. You must report the injury to your employer as soon as possible. If a third party contributed to the injury, such as a subcontractor or product manufacturer, you might also have a personal injury case. An attorney can help you determine the right path forward.
How long does a personal injury case usually take?
It depends on the complexity of the case and whether it settles or goes to court. Some cases are resolved in a few months, while others take a year or longer. The timeline also depends on how long it takes to complete medical treatment and gather necessary evidence. Your attorney can provide a clearer estimate after reviewing your case.
Do I need a lawyer to file a personal injury claim?
You don’t have to hire a lawyer, but having one often leads to better outcomes. A lawyer can help protect your rights, gather evidence, and negotiate with insurance companies. They can also make sure all deadlines are met and legal paperwork is properly filed. Most personal injury lawyers in Delaware work on a contingency fee basis, so you don’t pay unless you win.