Delaware Personal Injury Attorneys

At DearLegal, we connect you with experienced Delaware personal injury attorneys who understand the state’s 51% comparative fault bar, the County and Municipal Tort Claims Act, and the strict notice and procedural rules in Delaware Superior Court.

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Matched with a Delaware attorney in 24 hours
30,000+ plaintiffs served nationwide

Free Delaware personal injury case review

A Delaware attorney will take a look. Or call 1-833-WELEGAL.

How we match your Delaware personal injury case

When you submit a Delaware personal injury matter, we route it through a national network of independent partner firms and put it in front of the one that fits best — based on the kind of case it is, what it is likely to involve, where it has to be handled, and who has capacity to take it on now.

Case type

A personal injury matter needs someone who handles personal injury work day to day, not a generalist. Practice area is the first filter.

Size and complexity

Some firms are built for catastrophic injury and multi-party litigation; others resolve straightforward claims quickly. We weigh what your matter is likely to involve against how each firm actually works.

Jurisdiction and licensing

Your matter is decided under Delaware law, so it goes to an attorney licensed in Delaware who regularly appears where your case would be heard.

Capacity and fit

Availability, conflicts of interest and language all matter. If the best-fit firm cannot take your case, we route it to the next one that can — or tell you plainly when no one in the network is the right answer.

Every partner reviews your case for free. Injury and workers’ compensation matters are handled on contingency — no fee unless you win. Other matters are quoted upfront, before you commit to anything.

Get started How DearLegal works

DearLegal provides marketing and matching services and is not a law firm. Submitting a case does not create an attorney-client relationship. Matches depend on case type, jurisdiction and firm availability.

Exhibit A

What happens with a personal injury claim in Delaware

Day 0
It happens.
Get medical care and keep every record — photos, names, the report number. In Delaware, what you document now is what your claim is built on.
Within 24 hours
Tell us what happened.
Two minutes on this page. A Delaware personal injury attorney reviews it for free and, if it’s a fit, you’re matched within 24 hours.
Weeks 1–4
Your attorney builds the file.
Reports, medical records, witnesses, camera footage, insurance policies. This is the part insurers hope you skip.
Months 1–6
Demand and negotiation.
Your attorney sends a demand and negotiates with the insurer. Delaware’s fault rule matters here — Modified comparative fault, 51% bar (10 Del. C. § 8132) — recovery barred if your fault is greater than the defendant’s.
Before the 2-year deadline
Suit is filed if it has to be.
Delaware gives 2 years from the date it happened. Filing keeps your leverage; missing it ends the claim.
Resolution
Settlement or verdict.
You pay nothing along the way. The fee — typically 33% — comes only out of what’s recovered. If nothing is recovered, you owe nothing.

Statute of Limitations: 2 years
2 years from the date of injury (10 Del. C. § 8119)
Fault Rule: 51%
Modified comparative fault, 51% bar (10 Del. C. § 8132) — recovery barred if your fault is greater than the defendant’s
Damages Cap: No cap
No cap on compensatory damages in standard personal injury cases. Damages against counties and municipalities limited under 10 Del. C. § 4013.
Government-Claim Notice: $300k
State claims under 10 Del. C. § 4001 et seq.; county/municipal claims under the County and Municipal Tort Claims Act (10 Del. C. § 4010 et seq.) with $300,000 per-claim cap.
Joint and Several Liability: Modified
Modified — Delaware applies joint and several liability with comparative fault apportionment under the Uniform Contribution Among Tortfeasors Law (10 Del. C. § 6301 et seq.).
Typical attorney fee: 33%
33%–40% contingency — no fee unless you win

Delaware applies modified comparative fault with a 51% bar under 10 Del. C. § 8132 — recovery is barred if your fault is greater than the defendant’s. The standard PI SOL is two years under 10 Del. C. § 8119. Claims against the State of Delaware are governed by 10 Del. C. § 4001 et seq., and county and municipal claims by the County and Municipal Tort Claims Act (10 Del. C. § 4010 et seq.), each with damage limits and notice rules. Delaware Superior Court has unique scheduling and discovery practices that local counsel know well.

Exhibit B

When to call a personal injury attorney in Delaware

Does any of this sound like you? Tap what applies.

Exhibit C

Personal Injury cases we take in Delaware

Which one is closest to yours?

Slip and fall on premises

Delaware premises liability turns on actual or constructive notice of the hazard. Wilmington, Dover, and Newark retailers and restaurants generate steady volume.

Sound like yours? A Delaware attorney reviews it free — no fee unless they win.

Start my free review

Exhibit D

How much do Delaware personal injury attorneys cost?

Sample settlement statement

Delaware · Personal Injury

Recovery$100,000

Attorney fee · 33%− $33,000

Case costs (advanced by firm)repaid at the end

To you$67,000

Due today$0

Try a different recovery$100,000

$5,000$3,000,000

Illustrative only. Your fee terms are set in a written agreement with your attorney and may include costs and expenses regardless of outcome.

Most Delaware personal injury attorneys work on contingency: the fee is a share of what they recover, and nothing if they don’t.

Personal injury attorneys in Delaware work on a contingency fee basis — typically 33% to 40% of the total recovery. Case expenses are typically advanced by the firm and deducted from the final recovery. Your attorney will walk through how PIP benefits interact with the liability claim.

A good attorney walks through every number at your free consultation — before you sign anything.

Get startedTakes about two minutes. No obligation.

Exhibit E

What your Delaware personal injury compensation can include

A Delaware personal injury recovery is built from several parts. Tap one to see what it covers.

Economic Damages (No Cap)

Past and future medical bills, lost wages, lost earning capacity, and out-of-pocket costs — uncapped under Delaware law (subject to caps in public-entity cases).

DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Exhibit F

Delaware personal injury questions, answered

Still unsure? Tell us what happened and a Delaware attorney will review it for free.

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Two years from the date of injury under 10 Del. C. § 8119. Wrongful death is also two years from the date of death under § 8107. Claims against the State, counties, or municipalities have separate notice and damages limits under 10 Del. C. § 4001 et seq. and the County and Municipal Tort Claims Act.

Under 10 Del. C. § 8132, your recovery is reduced by your percentage of fault, but if your fault is greater than the defendant’s you recover nothing. In multi-defendant cases the comparison is plaintiff vs. combined defendants.

Auto, truck, and motorcycle crashes; slip-and-falls; dog bites (strict liability under 7 Del. C. § 1711); defective products; medical malpractice; nursing home neglect; premises liability; negligent security; workplace third-party claims; recreational injuries (beach, fishing); and wrongful death.

You look at your own uninsured/underinsured motorist coverage, homeowner’s or commercial policies, and any vicarious-liability defendants. Delaware has PIP (no-fault) coverage in auto cases for medical and lost wages up to policy limits, plus tort recovery for damages beyond PIP.

Most settle, but Delaware Superior Court juries return real verdicts when liability is clear. Delaware’s small bar means defense and plaintiff counsel often know each other well, which affects settlement dynamics.

State claims fall under 10 Del. C. § 4001 et seq. County and municipal claims are governed by the County and Municipal Tort Claims Act (10 Del. C. § 4010 et seq.), with damages capped at $300,000 per claim under § 4013.

Delaware personal injury attorneys typically take cases on a contingency basis — no upfront cost, and they’re paid a percentage of the recovery only if they win. Typical fees range from 33% to 40% depending on whether the case settles or goes to trial. Case expenses are normally advanced by the firm.

Personal Injury attorneys by city in Delaware

Same Delaware rules and the same attorneys — with what’s local to each city.

Other case types in Delaware

All Delaware practice areas →

Animal Incident attorneysDelaware holds dog owners strictly liable — the owner pays for unprovoked attacks without any proof the dog was known to be vicious.

Business Dispute attorneysDelaware’s Court of Chancery is the most influential business court in the U.S. — handling most major corporate-governance and merger disputes.

Car Accident attorneysDelaware requires no-fault PIP coverage — you file with your own insurer first, and lawsuits generally require a serious injury.

Consumer Protection attorneysDelaware’s consumer fraud law lets you recover your actual losses plus attorney fees, and up to triple damages for willful violations.

Criminal Defense attorneysDelaware’s sentencing rules and habitual-offender enhancements make plea positioning critical from the very first hearing.

Defective Product attorneysDelaware holds manufacturers strictly liable for defective products — and the Court of Chancery sometimes handles product-related corporate disputes.

Employment attorneysDelaware’s employment discrimination law covers the federal categories plus volunteer EMS workers and certain other protected groups.

Family Law attorneysDelaware divides marital property fairly rather than equally — and a separate Family Court handles all divorce, custody, and support matters.

Immigration attorneysDelaware immigration cases are heard in the Newark and Philadelphia Immigration Courts — and growing immigrant communities in Wilmington drive case volume.

Lemon Law attorneysDelaware’s Lemon Law covers new vehicles within 1 year/12,000 miles — and the manufacturer pays your attorney fees if you win.

Medical Malpractice attorneysDelaware medical malpractice cases require a sworn statement from a qualified expert when you file.

Slip and Fall attorneysDelaware premises liability turns on whether the owner knew of the hazard and acted reasonably — and naturally accumulated snow and ice usually can’t be the basis of a claim.

Social Security Disability attorneysDelaware’s Social Security hearing office in Dover handles moderate volumes — and Third Circuit court decisions shape how appeals are reviewed.

Workers’ Compensation attorneysDelaware workers’ comp runs through the Industrial Accident Board — and wage benefits are two-thirds of your average weekly wage.

Delaware Personal Injury Attorneys

How we match your Delaware personal injury case

Case type

Size and complexity

Jurisdiction and licensing

Capacity and fit

What happens with a personal injury claim in Delaware

It happens.

Tell us what happened.

Your attorney builds the file.

Demand and negotiation.

Suit is filed if it has to be.

Settlement or verdict.

When to call a personal injury attorney in Delaware

Personal Injury cases we take in Delaware

Slip and fall on premises

Dog bites

Medical malpractice intersection

Product liability

Premises negligence at retailers

Workplace injuries (third-party claims)

School and daycare injuries

Recreational injuries (beach, boating, fishing)

Negligent security / assault on premises

Nursing home neglect and abuse

Wrongful death

Catastrophic injury and traumatic brain injury

How much do Delaware personal injury attorneys cost?

What your Delaware personal injury compensation can include

Economic Damages (No Cap)

Non-Economic Damages (No Cap)

Punitive Damages (No Statutory Cap)

Loss of Consortium

Wrongful Death

PIP Benefits (Coordinated)

Delaware personal injury questions, answered

Personal Injury attorneys by city in Delaware

Other case types in Delaware

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