DE·State Guide
Personal Injury Law in Delaware
Key rules for personal injury claims in Delaware — statute of limitations, fault system, damage caps, insurance requirements, and government claim deadlines.
Key Points — Delaware
- 01Modified comparative fault — barred at 51%+ fault
- 022-year statute of limitations
- 03No general cap on damages
Rules at a Glance
- Statute of Limitations
- 2 years from the date of injury
- Fault System
- Modified comparative fault (51% bar) — Delaware bars recovery if the injured person is 51% or more at fault.
- Damage Caps
- No general cap. Medical malpractice non-economic damages were formerly capped but the cap was struck down.
- Government Notice Deadline
- Written notice within 1 year for claims against the state.
- Auto Insurance System
- At-fault state with optional PIP.
- Minimum Liability Coverage
- 25/50/10.
- Workers' Comp Deadline
- Report as soon as practicable. File petition within 2 years.
Fault System in Delaware
Delaware bars recovery if the injured person is 51% or more at fault.
Auto Insurance in Delaware
At-fault state with optional PIP.
Minimum required liability coverage: 25/50/10..
General information only. This page explains common concepts in plain language. It is not legal advice and does not create an attorney-client relationship. Laws vary by state and change over time. For any specific situation, consult a licensed attorney in your jurisdiction.