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Your Elsmere 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.
Getting hurt rarely comes at a convenient time. You may be in pain, missing work and answering calls from an insurance company while trying to learn what you are owed. If your injury in Elsmere was someone else’s doing, start with the basics below and go at your own pace.
NeedAnAttorney.net is a matching service. It does not give legal advice about your case. What follows is general information about Delaware injury law, taken from the text of the statutes, so you know which questions to ask. The form at the top of the page connects you with an attorney when you are ready.
Before You Hire: Questions For An Elsmere Attorney
Bring these to your first call, whoever it is with:
- The date. Ask for the specific last day to file in your case. The general rule is two years (10 Del. C. § 8119).
- Limits on damages. Ask whether any rule restricts the amount you could recover in Delaware.
- Your share of fault. Ask how a finding that you were partly responsible would change the numbers (10 Del. C. § 8132).
- The people. Ask who will be in touch with you and how quickly they return calls.
- Fees and costs. Ask what the fee is, when it is paid, and which expenses are deducted from a settlement.
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 Elsmere? Get matched with an attorney now.
How Fault Is Divided
Whether you can recover in Delaware depends on how much of the fault is assigned to you. 10 Del. C. § 8132 sets the rule.
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). Photographs, witness names and medical records help show where the fault lies.
How Damages Are Measured
In an ordinary injury claim in Delaware, the amount depends on the facts of the claim. What you can recover turns on the bills, the missed work and the lasting effects.
Lasting effects and missed work are part of what is proved.
Time Limits To Know
The general time limit for an injury claim in Delaware is two years (10 Del. C. § 8119).
A wrongful death claim follows its own rules, so ask which date applies (10 Del. C. § 3721-3724). The type of claim decides the date, so do not wait.
What The Other Driver’s Policy Must Cover
Delaware vehicle owners must carry liability coverage of 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)).
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.
Courts and Hospitals Near Elsmere
The Census Bureau places Elsmere in New Castle County. The Delaware court directory lists the superior court for New Castle County 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 a Level I trauma center. In New Castle County, that list shows ChristianaCare Wilmington Hospital in Wilmington as a Level III trauma center. That list also names Saint Francis Healthcare in Wilmington, in New Castle County, as a Level III trauma center.
In the federal Hospital General Information file, the closest Delaware acute care or critical access hospital to Elsmere is St. Francis Hospital in Wilmington, 1.7 miles, an acute care hospital (7th and Clayton Sts, Wilmington, DE 19805). After it come Christiana Hospital in Newark, 5.2 miles, an acute care hospital; then Bayhealth Medical Center, Kent Campus in Dover, 40.7 miles, an acute care hospital. All distances are straight line miles from Elsmere.
A straight line is shorter than the drive from Elsmere. Ask each provider for your complete records and an itemized bill, and note the date of every appointment.
The file also lists Bayhealth Hospital, Sussex Campus in Milford at 59.9 miles and Beebe Medical Center in Lewes at 71.1 miles. Counting Delaware acute care and critical access hospitals in a straight line from Elsmere: 2 within 10 miles, 2 within 25 miles, 3 within 50 miles. VA and military hospitals are not included in these figures.
The nearest places in Delaware that this site has pages for, by the same coordinates, are Wilmington (3.3 miles east), New Castle (5.0 miles south) and Bellefonte (5.5 miles east). Wilmington is 3 miles east of Elsmere and Dover is 40 miles south.
How To Begin Your Elsmere Claim
Use the form at the top of the page to tell us what happened. NeedAnAttorney.net reviews your details and works to match you with an attorney in our network who may handle cases in Delaware. There is no charge to submit it, and submitting it does not hire anyone.
While you wait, write down what happened and when, who saw it, what treatment you have received and how many days of work you missed. Put bills, letters and insurance messages in one folder.
Frequently Asked Questions
How much can I recover for pain and suffering in Delaware?
Pain and suffering is proved by the facts of your case, so ask which rules, if any, apply to your claim. The bills, the missed work and the lasting effects drive the amount. The facts of your claim drive the amount.
Does Delaware require drivers to carry liability insurance?
Liability coverage of at least $25,000 per person and $50,000 per accident for injuries (21 Del. C. § 2118(a)(1)). Those figures are floors, not a measure of what a claim is worth. Ask an attorney to check every policy that may apply.
How far is the closest hospital from Elsmere?
In a straight line the nearest Delaware acute care or critical access hospital is St. Francis Hospital in Wilmington, 1.7 miles, an acute care hospital; Christiana Hospital in Newark is 5.2 miles and Bayhealth Medical Center, Kent Campus in Dover is 40.7 miles. VA and military hospitals are not included. Call 911 in an emergency; not every hospital has an emergency room.
What other places near Elsmere have their own page here?
Wilmington is 3.3 miles east of Elsmere, New Castle is 5.0 miles south and Bellefonte is 5.5 miles east, 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.
Will my claim be over in a few weeks?
Timing depends on your recovery and the other side. Insurers usually want records of the whole course of treatment. It can take months, and longer if a lawsuit is filed.
How long do I have to file an injury lawsuit in Delaware?
For most injury claims, two years (10 Del. C. § 8119). Missing the date usually ends the case. An early start protects the evidence.
If I was partly responsible, can I still recover something?
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 raise this point first. An attorney can explain how the rule fits your facts.
Help Elsewhere in Delaware
The same matching service covers more of Delaware. Pick the community closest to where it happened.
