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Your New Castle Personal Injury Attorney
The short answer. In Delaware most injury claims must be filed within two years (10 Del. C. § 8119 (Personal injuries)). The trial court for New Castle County sits in Wilmington, at 500 North King Street, Wilmington, DE 19801. To talk it through, send the form on this page and we will work to connect you with an attorney in our network.
Nobody plans for the call that follows an accident. Whether you were hurt in a crash, a fall or something else in New Castle, the weeks afterward bring decisions that feel bigger than they should. Here is what Delaware law says, in plain terms, so you can ask better questions.
A quick note on what this page is: general information about Delaware injury law, written from the statutes, from a matching service that does not practice law. It is meant to help you ask good questions, not to decide your case.
Questions Worth Asking In New Castle
A short list of questions can sort out who is right for you:
- The date. Ask for the specific last day to file in your case. The general rule is two years (10 Del. C. § 8119).
- Your share of fault. Ask how a finding that you were partly responsible would change the numbers (10 Del. C. § 8132).
- Limits on damages. Ask whether any rule restricts the amount you could recover in Delaware.
- The money terms. Ask how fees are calculated and which costs come out of a recovery.
- Who will work on it. Ask who handles your file day to day and how fast messages are answered.
Personal Injury Types of Cases
Work Place Accidents
These types of personal injury lawsuits involve more that just a employee and employer. If you feel like your place of employment was negligent in some way, you might have a claim for compensation. These types of accidents can include.
- Slip and Fall
- Unsafe working conditions
- Unmaintained equipment
- Auto Accidents
- Death
- Electrical Hazards
- Occupational illnesses like COPD, contagious diseases, and asbestosis
- personal injuries at work
Premises Liability
Many premises liability claims are from a property owner’s duty to maintain a property in the way that does not endanger others. There are may ways a property owner can violate this duty.
- Broken Stairs
- Unlit alleyways
- Slippery Floors
- Surfaces that are uneven
- Places to receive burns
- Places to receive chemical exposure
- Dog bites
- and other dangerous conditions
Motor Vehicle Accidents
As long as the person that was operating the vehicle that injured you was negligent in some way, you can could have a claim for compensation. This can include.
- Car Accidents
- Truck Accidents
- Bicycle Accidents
- 18 wheeler Accidents
- Motorcycle crashes
- Drunk Driving
- Distracted Driving
- Aggressive Driving
- and other types of motor vehicle accidents
Wrongful Death
When negligence leads to fatal injuries, a wrongful death suit can help the surviving family members hold the negligent company, persons, and or person accountable for what was done. A wrongful death case can involve different types of compensation from other personal injury claims. After a fatal accident, family members can ask an attorney to review what compensation the surviving loved ones may have a right to. These types of accidents can include.
- Auto Accident
- Maritime Accident
- Drowning
- Electrocution
- Falls
- Helicopter Accident
- Fire
- Firearm
- and other types of wrongful deaths
Injured in New Castle? Get matched with an attorney now.
What Shared Blame Means For You
Fault is divided by percentage in Delaware, and the dividing line sits at fifty percent. The source is 10 Del. C. § 8132.
You can recover if your share of the fault is 50 percent or less, and your award is reduced by your share; above 50 percent the claim is barred (10 Del. C. § 8132). Insurers often press this point first, so keep notes about how the injury happened.
When The Clock Starts And Stops
A lawsuit for most injuries in Delaware must be started within two years (10 Del. C. § 8119).
If someone died, a separate set of rules can apply (10 Del. C. § 3721-3724). Ask in your first conversation which date applies to your claim.
Insurance Limits To Know
Under 21 Del. C. § 2118(a)(1), Delaware vehicle owners must carry at least $25,000 for injury to one person, $50,000 for injury to two or more people in one accident and $10,000 for property damage.
Those figures are floors, and a serious injury can cost more than the other driver’s policy pays. They are minimums, not a measure of what your claim is worth.
The Court and Hospitals Behind a New Castle Claim
New Castle lies in New Castle County, according to Census Bureau place and county names. New Castle County’s superior court is listed in Wilmington, at 500 North King Street, Wilmington, DE 19801. The state list of trauma centers names ChristianaCare’s Christiana Hospital in Newark, in New Castle County as well, as a Level I trauma center. In New Castle County, that list shows ChristianaCare Wilmington Hospital in Wilmington as a Level III trauma center. Saint Francis Healthcare in Wilmington, also in New Castle County, is on that list as a Level III trauma center.
In the federal Hospital General Information file, the closest Delaware acute care or critical access hospital to New Castle is St. Francis Hospital in Wilmington, 5.5 miles, an acute care hospital (7th and Clayton Sts, Wilmington, DE 19805). After it come Christiana Hospital in Newark, 5.8 miles, an acute care hospital; then Bayhealth Medical Center, Kent Campus in Dover, 35.9 miles, an acute care hospital. All distances are straight line miles from New Castle.
A straight line is shorter than the drive from New Castle. Ask each provider for your complete records and an itemized bill, and note the date of every appointment.
Further down the same list are Bayhealth Hospital, Sussex Campus in Milford (54.9 miles) and Beebe Medical Center in Lewes (66.1 miles). The file lists 2 Delaware acute care and critical access hospitals within 10 miles of New Castle, 2 within 25 miles and 3 within 50 miles, all in a straight line. VA and military hospitals are not included in these figures.
Closest to New Castle among the places this site covers are Wilmington, 4.9 miles north; Elsmere, 5.0 miles north; and Bellefonte, 7.6 miles northeast. The reference cities are 5 miles north (Wilmington) and 35 miles south (Dover).
How To Get Matched With An Attorney In New Castle
Start with the form at the top. It asks a few questions about the injury. NeedAnAttorney.net reviews your details and works to match you with an attorney in our network who may handle cases in Delaware. Using it is free, and it does not create an attorney client relationship.
Meanwhile, jot down the facts while they are fresh: date, time, place, who was there, what care you have had and what work you have missed. Save every bill and every message from an insurer.
Frequently Asked Questions
Do injury cases from New Castle stay in the local court?
It depends on who is being sued and how much is claimed. Your attorney can confirm the right court for your claim. The courts named in the section above are the ones listed by the state judiciary for this area.
How many years do I have to sue after an injury in Delaware?
Most injury claims must be filed within two years (10 Del. C. § 8119). Ask which date applies to your claim. An early start protects the evidence.
What happens to my claim if I share some of the fault?
Delaware answers this directly. You can recover if your share of the fault is 50 percent or less, and your award is reduced by your share; above 50 percent the claim is barred (10 Del. C. § 8132). How the blame is assigned matters. Keep notes about how the injury happened.
Is there a ceiling on what I can recover for pain and suffering?
The amount is shown by the medical records and the proof of your losses; ask an attorney whether any limit applies to your facts. Medical bills and lost income are handled separately from pain and suffering. An attorney can tell you which rules apply to your facts.
How much insurance does the other driver have to have?
At least $25,000 for injury to one person, $50,000 for injury to two or more people in one accident and $10,000 for property damage (21 Del. C. § 2118(a)(1)). A serious injury can cost more than the other driver’s policy pays. Keep the other driver’s insurance details from the day of the crash.
How far is the closest hospital from New Castle?
In a straight line the nearest Delaware acute care or critical access hospital is St. Francis Hospital in Wilmington, 5.5 miles, an acute care hospital; Christiana Hospital in Newark is 5.8 miles and Bayhealth Medical Center, Kent Campus in Dover is 35.9 miles. VA and military hospitals are not included. Call 911 in an emergency; not every hospital has an emergency room.
What other places near New Castle have their own page here?
Wilmington is 4.9 miles north of New Castle, Elsmere is 5.0 miles north and Bellefonte is 7.6 miles northeast, by straight line from the Census coordinates.
Will I be charged for sending my information?
Nothing. The form costs you nothing. Many injury attorneys work on a contingency fee, which means they are paid from a recovery. Ask to see the fee agreement in writing before you sign.
Serving Injured Clients Across Delaware
If your injury happened outside New Castle, one of these pages may fit better.
