Delaware

Find an Attorney in Delaware

Delaware pairs 51% modified comparative fault with a 2-year personal-injury SOL — but is best known for the Court of Chancery, which handles most U.S. corporate-law disputes given that more than 60% of Fortune 500 companies are incorporated in Delaware. Local counsel familiar with the unique court system matters.

Practice areas in Delaware

Common questions about Delaware attorneys

Two years from the date of injury under 10 Del. C. § 8119 for most negligence claims. Claims against the State require notice under the State Tort Claims Act. Medical malpractice has the same 2-year SOL with limited discovery-rule extensions under 18 Del. C. § 6856.
The Court of Chancery is one of the country’s most influential business courts. Five Chancellors handle corporate-governance, M&A, fiduciary-duty, and other equity matters — without juries. Because more than 60% of Fortune 500 companies are incorporated in Delaware, Chancery effectively decides much of U.S. corporate law. Chancery opinions are cited nationally and have shaped board-of-directors duties for decades. The court is famous for fast, expert decision-making by specialized judges.
Delaware drivers must carry Personal Injury Protection (PIP) under 21 Del. C. § 2118 — minimum $15,000 in medical, $5,000 funeral expenses. After a crash, you file with your OWN insurer regardless of fault. You can sue the at-fault driver in tort only for amounts above PIP limits or for pain and suffering, with no strict threshold (unlike many no-fault states).
Under 10 Del. C. § 8132, you can recover only if your fault is 50% or less. At 51% or more, you recover nothing. The jury assigns percentages, and your damages are reduced by your share. Delaware adopted comparative fault in 1984.
Delaware workers’ comp under 19 Del. C. § 2301 runs through the Industrial Accident Board. You file a Petition, attend hearings before a Workers’ Compensation Hearing Officer, and can appeal to the Superior Court. Income benefits are two-thirds of average weekly wage up to a state maximum. Medical treatment is generally employer-directed within a managed-care framework.

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