Delaware Statute of Limitations for Car Accidents
Being in a car accident is a traumatic event that can result in substantial financial losses in addition to your physical injuries and emotional stress. Under Delaware law, you can sue the driver or another party who caused the car accident for your economic and non-economic damages. In a Delaware car accident lawsuit, you may be entitled to receive compensation for damages including:
- Past, current, and future loss of income, including a loss of earning capacity
- Past, current, and future medical expenses, including expenses related to ongoing medical care and personal care
- Property damage to your vehicle and any other personal property
- Disfigurement, scarring, and permanent disabilities
- Mental anguish, physical pain, and emotional stress
- Funeral expenses, loss of companionship, and loss of support in the event of a wrongful death
The compensation you are entitled to receive in a Delaware car accident lawsuit depends on the types of injuries sustained, the severity of your injuries, the length of recovery, and other factors specific to your case.
However, you must be careful. You have a limited amount of time to file a car accident lawsuit in Delaware. The time limit is outlined in Delaware’s Statute of Limitations.
What is a Statute of Limitations?
A statute of limitations is a law that defines the time limits for filing various lawsuits in civil court. The purpose of a statute of limitations is to ensure that the law fairly treats all parties. If a lawsuit is filed 10 years after an accident, the evidence can be lost or destroyed, and eyewitness testimony can be called into question due to time causing memories to fade.
By requiring parties to file lawsuits within a short period of time after a car accident, the legal system also ensures that disputes are timely concluded. The statute prevents defendants from being sued 10, 20, or even 30 years after a car accident.
What is Delaware’s Statute of Limitations?
Under Delaware’s statute of limitations, you have two years from the date of the car accident to file a lawsuit against another party. If a driver does not have insurance, you also have two years from the date of the accident to file a lawsuit against your own insurance company for an uninsured motorist claim. However, if the other driver has insurance but the insurance coverage is insufficient to compensate you for all damages, you have up to four years to file a lawsuit against your insurance company for an underinsured claim.
It is not wise to wait until the last minute to file your car accident lawsuit in Delaware nor is it wise to assume that you have exactly two years to file. There are exceptions to the statute of limitations that may shorten or extend the period to file a car accident lawsuit. Consulting a car accident attorney may be in your best interest to protect your legal right to recover compensation for your losses, injuries, and damages.