If you live in or around Delaware, it is crucial to understand its personal injury laws, possible settlement amounts, and payouts. You should learn about the Delaware statute of limitations, the case types you can institute, and the damages available.
Delaware Statute of Limitations for Personal Injury
The statute of limitations is the time limit to institute a personal injury lawsuit. Delaware allows personal injury victims to file a lawsuit within two years of the occurrence of the accident that injures them. Missing the deadline will deny you the opportunity to hold the at-fault party responsible for your harm and seek adequate compensation. Speaking to personal injury attorney Eric Doroshow of The Law Offices of Doroshow, Pasquale, Krawitz & Bhaya is a smart move.
Discovery Rule Exception
Delaware has some exceptions to the two-year statute of limitations cap. The discovery rule allows for extending the statute of limitations.
According to this rule, the statute of limitations begins ticking when you know or should have known of the injury and that it was due to another person's wrongdoing or negligence. The statute of limitations only starts counting when you know of your harm and its cause.
The essence of this rule is to prevent situations in which an individual does not quickly discover their harm until long after it has occurred, and the statute of limitations would have lapsed.
However, you cannot just use the discovery rule exception to compensate for the late filing of your personal injury lawsuit. You must be able to establish that you could not have known of your harm or its cause before a given date.
Most lawyers agree that this is an arduous or almost impossible task. That is why it is advisable to speak to a local personal injury attorney immediately after your accident to know the deadline for your case.
Birth Injury Statute of Limitations
If the injured victim is a minor, the authorities allow the statute of limitations to be extended until the minor turns 18. Hence, parents or guardians have until the 18th birthday of their injured child or ward to institute a personal injury claim on their behalf.
Many attorneys often view this as a birth injury lawsuit. This principle applies to every tort claim from a minor apart from wrongful death claims.
Malpractice Statute of Limitations in Delaware
The statute of limitations for medical malpractice lawsuits is also two years in Delaware. However, the discovery rule differs due to the statute of repose. It limits the time to file a medical malpractice lawsuit, even if you do not discover the harm immediately.
According to the statute of repose, no victim can file a medical malpractice lawsuit after three years of the incident or negligence, except where the victim was a minor during the incident, or the alleged defendant fraudulently concealed the malpractice. Another exception is when a surgeon leaves a foreign object inside a patient or when it entails disabilities.
Deadlines for No-Fault Claims
It is essential to emphasize that the Delaware statute of limitations only applies to instituting a civil lawsuit because insurance claims, like no-fault claims, differ. It is often advisable to institute an insurance claim immediately after a mishap to obtain financial compensation for medical expenses and other costs. In conclusion, an insurance claim does not bar you from instituting a lawsuit when the need arises.
Filing a Lawsuit against Delaware
The Delaware Tort Claims Act (DTCA) empowers individuals and entities to sue the state. The DTCA is a law that outlines the procedures for people to sue Delaware and its workers for damages due to their wrongful deeds or negligence.
The essence of the DTCA is to allow individuals to demand compensation from Delaware or its employees for the injuries they cause. However, it also protects the government against excessive liability.
Individuals cannot sue state employees for mere negligence. However, the Delaware Tort Claims Act offers indemnification for public workers, members, or officers; that is, the state will be financially responsible for the costs, including lawyer's fees that the public officer, member, or employee incurs while defending any legal action they would have been immune from but for the legal or Constitutional provision.
Notice Requirement and Procedures
You must first institute a notice of claim with the Office of Management and Budget within 90 days of the occurrence before you can file a claim against Delaware, according to the DTCA. You must add a comprehensive statement of the facts and context of the incident, the amount of damages requested, and the nature of the injuries you suffered in the notice.
The authorities have six months after receiving the notice to investigate the claim and work on resolving it via mediation or negotiation. You can sue the state if they fail to resolve the issue within six months.
Damage Limit for DTCA
The maximum damage an individual can receive for a proven case against the government is $300,000, except if the state has bought liability insurance that exceeds the given amount. The government can also follow the procedures of its governing body to settle claims.
Sex Abuse Exception
The DTCA exempts civil liability limits for claims against public academic institutions involving child sexual abuse by the school's agent or adult worker. The institution, employee, or officer can be liable in a civil lawsuit for child sexual abuse by an adult worker or the school's agent based on the sexual acts that would imply a criminal act in the State Code. Chapter 40 of Title 10 of the Delaware Code succinctly outlines this law.
Specific Personal Injury Cases in Delaware
Beyond the general personal injury cases mentioned earlier, Delaware recognizes various injury types with specific legal considerations. Here's a breakdown of some common ones:
Dog Bite Claims in Delaware
Delaware dog bite law governs dog bite issues in the state. It strictly holds dog owners responsible for the damages or injuries their dogs cause. The owner will still be liable even if unaware of the dog's aggressive tendencies.
To recover damages under the Delaware dog bite law, you must establish that the defendant is the dog owner, the dog injured you, and you did not provoke it. It is essential to add that the law applies to harm a dog causes in any given location within the state, not only on the owner’s property.
If you prove your claim successfully, you may be entitled to damages like pain and suffering, medical bills, and missed earnings.
Workers’ Compensation Claims in Delaware
According to the state's Workers' Compensation Act, workers’ compensation is the only compensation available for workers' injuries sustained during employment. While clarifying the issue, the Delaware Supreme Court affirmed that an employee must provide proof of willful harmful actions to enjoy an exception to this rule.
Section 2304 of the Workers' Compensation Act blocks every other legal pathway to seeking redress, clearly stating that worker's compensation is the only solution to harm or death from work-related incidents.
Conclusion
If you or a loved one experiences a personal injury in Delaware, it is advisable to engage a reputable local personal injury firm immediately. Most will offer an initial free consultation to understand your case and devise potent strategies for achieving the desired outcome. You will only pay them an agreed-upon percentage after they have successfully recouped your settlement.
