Delaware Injury FAQs
PIP coverage, filing deadlines, Industrial Accident Board claims and FELA, explained with the Delaware statutes and court decisions that control them.
Delaware law
Delaware requires every registered vehicle to carry Personal Injury Protection (PIP). PIP pays first, no matter who caused the crash.
PIP covers reasonable and necessary medical expenses, lost wages, lost services, and funeral expenses caused by a motor vehicle accident. The required minimum is $15,000 per person and $30,000 per accident, and you can buy more. PIP is paid by your own insurer (or the insurer of the vehicle you were in), regardless of fault.
Yes. Delaware is a fault state with no injury threshold. But you cannot recover from the at-fault driver the same losses PIP already paid or would pay. Your pain and suffering, losses above your PIP limits, and future harm remain fully recoverable. Delaware requires bodily-injury liability coverage of at least $25,000 per person and $50,000 per accident.
Insurers must pay or deny PIP claims promptly and in writing. A disputed PIP claim may be submitted to arbitration through the Delaware Department of Insurance, or litigated in court.
Delaware insurers must offer uninsured/underinsured motorist (UM/UIM) coverage. UIM coverage can be stacked on top of the at-fault driver's limits when that driver does not have enough insurance to cover your losses.
Delaware uses modified comparative negligence. You can recover as long as your negligence is not greater than the combined negligence of the defendants, but your award is reduced by your percentage of fault.
Delaware law
Missing a filing deadline usually ends a claim permanently. These are the key Delaware deadlines; exceptions exist, so get advice early.
Two years from the date of injury for most personal injury claims, including car accidents, slip and falls, and other negligence cases.
Claims for damage to personal property generally must be filed within three years.
Two years from the date of death under the Delaware Wrongful Death Statute.
Yes. Generally two years from the injury, but up to three years when the injury was unknown and could not reasonably have been discovered. A child injured before age six has until the sixth birthday or the general deadline, whichever is later. The lawsuit must also be filed with an affidavit of merit from a qualified expert.
In limited cases. Under Delaware's 'inherently unknowable' injury doctrine, the clock may not start until the injured person knew or reasonably should have known of the injury.
Delaware law
Delaware workers' compensation claims are decided by the Industrial Accident Board (IAB), with appeals to the Superior Court.
All reasonable and necessary medical treatment, total disability wage benefits at two-thirds of your average weekly wage (subject to a state maximum), partial disability benefits, permanent impairment benefits for loss of use of a body part, and disfigurement benefits.
Give your employer notice as soon as possible, and within 90 days. Late notice can be excused in some circumstances, but it invites a denial.
Two years after the accident for an original claim. For additional benefits after compensation has been paid, five years from the last payment.
No. Delaware applies the 'usual exertion' rule: an injury is compensable if the ordinary stress and strain of employment was a substantial factor in causing it. For a single accident, the test is 'but for' causation.
Generally no. Workers' compensation is the exclusive remedy against your employer. But you may bring a separate lawsuit against a negligent third party, such as a driver, a subcontractor, or a product manufacturer.
Yes. Delaware lets injured workers choose their own treating physician, although treatment must follow the state's health care practice guidelines to be paid.
Delaware law
Railroad employees of Amtrak, CSX, Norfolk Southern, SEPTA and other interstate carriers are generally covered by the federal FELA, not Delaware workers' compensation.
FELA is a fault-based system: you must show the railroad's negligence played some part in your injury. In exchange, you can recover full damages, including pain and suffering, which workers' compensation does not pay.
Less than in an ordinary negligence case. A railroad is liable if its negligence played any part, even the slightest, in producing the injury.
Your damages are reduced by your share of fault, but contributory negligence does not bar recovery. If the railroad violated a federal safety statute that contributed to the injury, your damages are not reduced at all.
Three years from the injury. A FELA case may be filed in state court, including Delaware Superior Court, or federal court, and a case filed in state court cannot be removed to federal court by the railroad.
In some cases. A worker within the 'zone of danger' of physical impact may recover for emotional distress.
This page provides general information about Delaware law and is not legal advice. Laws change and every case is different. Reading this page does not create an attorney-client relationship.
Call me directly. The consultation is free, and there is no attorney fee unless I recover money for you.
A closer look
PIP covers reasonable and necessary medical expenses, lost wages, lost services, and funeral expenses caused by a motor vehicle accident. The required minimum is $15,000 per person and $30,000 per accident, and you can buy more. PIP is paid by your own insurer (or the insurer of the vehicle you were in), regardless of fault.
Two years from the date of injury for most personal injury claims, including car accidents, slip and falls, and other negligence cases.
All reasonable and necessary medical treatment, total disability wage benefits at two-thirds of your average weekly wage (subject to a state maximum), partial disability benefits, permanent impairment benefits for loss of use of a body part, and disfigurement benefits.
FELA is a fault-based system: you must show the railroad's negligence played some part in your injury. In exchange, you can recover full damages, including pain and suffering, which workers' compensation does not pay.
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