The statute of limitations governs many areas of the law, including personal injury claims. Delaware residents who have been hurt and are seeking compensation need to understand the statute of limitations to ensure they can actually file their claim before it’s too late. Here’s a quick rundown of everything you need to know about this aspect of the law, what can happen if you miss the deadline, and exceptions that may apply to your case.
Understanding the Statute of Limitations in Delaware
The statute of limitations sets the maximum period you have after an injury has occurred to initiate legal proceedings. In Delaware, the general time limit for filing a personal injury claim is two years. This statute of limitations commences from the day the injury or harm was inflicted or discovered. Whether it’s a car accident, slip and fall incident, or any other form of injury caused by someone else’s negligence, the clock starts ticking on the day of the occurrence. The laws are formulated to maintain the integrity of evidence and witness testimonies, which may weaken over time.
Timeframe for Filing a Personal Injury Claim
Once the two-year deadline has started, you must act diligently to ensure that your claim is filed on time. This period allows you sufficient time to gather all the necessary information, compile evidence, consult with a legal representative, and prepare your claim before filing it in court.
It’s worth noting that the two-year limit applies to filing a lawsuit. If you’ve started negotiations with an insurance company regarding your claim before the deadline, that does not extend the time limit. If your negotiations aren’t fruitful, you’ll need to file a lawsuit before the two years run out.
Why You Should Stick to the Time Limits
Failing to adhere to the Delaware statute of limitations for personal injury claims can have serious consequences. If you fail to file your lawsuit within the two-year deadline, the court is almost certain to dismiss your claim, regardless of its merits. As a result, you’ll lose your right to any compensation for your injuries.
As a hypothetical, imagine a Delaware resident injured in a car accident. She started negotiations with the at-fault driver’s insurance company, but those talks didn’t conclude within the two-year timeframe, and she failed to file a lawsuit. Because the statute of limitations had expired, the court dismissed her claim, and she received no compensation for her injuries. No matter how valid her case would be and how much evidence she had in her favor, she’s now unable to get what she deserves because the insurance company ran out the clock.
Exceptions to the Statute of Limitations
Although the two-year limit applies in most cases, there are exceptions under Delaware law. For instance, the statute of limitations may be extended if the injured party is a minor or mentally incapacitated at the time of the injury. In these cases, the clock usually doesn’t start ticking until the individual turns 18 or recovers their capacity.
How the Statute of Limitations Affects Your Case Strategy
Understanding the statute of limitations can influence how you approach your case. It underscores the importance of starting your case preparations promptly, gathering evidence, pinpointing witnesses, and seeking appropriate legal advice. Filing your claim early can also provide room for potential negotiations with the opposing party. Even if it seems like things will work out without going to court, it’s much better to be safe than sorry.
The Role of Legal Representation in Personal Injury Cases
You will want an experienced personal injury attorney in your corner when navigating the complexities of the statute of limitations. An attorney can guide you through the process, ensuring your lawsuit is filed on time and your rights are protected. They can also provide valuable insights into the strengths and weaknesses of your case, increasing your chances of success.
While many personal injury cases settle without the involvement of a judge, an attorney will also be able to help you in the event your case goes to court. Representing yourself is never a wise option, so let someone who has spent years learning the rules of the legal system assist you. Personal injury law can be complex, especially when it comes to things like determining fault, so don’t play games with what could be the difference between getting what you’re owed and going home with nothing.
File Your Case Today Before Time’s Up
Understanding the statute of limitations for personal injury claims in Delaware is a necessary part of securing justice. If you’re injured due to another’s negligence, consult with a legal professional to protect your rights and ensure you file your claim within the stipulated time frame.
At Rhoades & Morrow, we offer personalized legal advice to clients in Delaware on personal injury cases and the statute of limitations. Contact us today at (302) 427-9500 to schedule a free consultation.
