This calculator estimates what a personal injury claim could be worth under Delaware law. It applies Delaware’s 51% bar rule, the two-year deadline to file suit and the insurance that usually pays, then shows the math line by line, including what you might take home after a lawyer’s fee.
Move the fault slider to 51% and the estimate drops to $0, which is what Delaware’s rule does in court.
Fault. Delaware uses modified comparative fault with a 51% bar. If you are found 20% at fault, your award drops by 20%. At 51% or more, you recover nothing. Insurers know this, so expect them to argue your share up.
Deadline. You have two years from the injury to file a lawsuit in Delaware. A claim against a city, county or state agency usually needs written notice much sooner, sometimes within months. Missing the deadline almost always ends the claim, and with it your leverage to settle.
Insurance. Who pays depends on how you were hurt: auto insurance for a crash, a homeowner’s or business liability policy for an injury on someone’s property, or the at-fault party’s own assets when there is no insurance. The limit of that policy often sets the practical ceiling on a settlement.
Damage caps. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.
Yes, as long as you were 50% or less at fault. Your award is reduced by your percentage, and at 51% or more you recover nothing.
two years from the injury in most cases.
Usually the at-fault party’s insurer: auto, homeowner’s or business liability coverage. The policy limit often sets the practical ceiling.
Not in most injury cases. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.