Delaware applies modified-51 comparative fault with PIP no-fault coverage for medical bills.
Delaware operates modified comparative negligence with a 51% bar. Personal injury protection coverage applies to medical expenses regardless of fault. The PI statute of limitations is two years.
10 Del. C. § 8119
Modified comparative, recovery barred at 51% claimant fault.
The handful of details that distinguish this jurisdiction from its neighbours.
Reported decisions, the limitation clock, and how fault is apportioned for each injury type under Delaware law.
Reported Delaware decisions for each injury type, each with a link to the judgment and to the full injury guide.
In the early morning of September 18, 2019, traffic stopped suddenly in the left lane of Route 1 near Christiana Mall.
whiplash in Delaware →Before dawn on December 1, 2016, two vehicles sideswiped on I-95 near Newport and Taylor Tighe spun out after hitting one of them.
whiplash in Delaware →After a September 2016 rear end collision, Elsa Garcia-Rivera claimed an injury to her lower thoracic spine and an aggravated upper spine injury; her bills were stipulated at $24,345.40.
back & spine in Delaware →John Wood said he slipped and fell using the bathtub in his room at a Rodeway Inn in Kent County and injured his spine.
back & spine in Delaware →Giuseppe D’Arro was hurt in a head-on crash on February 1, 2019.
head & brain in Delaware →Thomas Maclary, a plumbing service technician, was hurt in a head-on collision with another truck on September 9, 2021, injuring his right foot and more.
head & brain in Delaware →In June 2021 a teenager stole a golf cart from Garrisons Lake Golf Club near Smyrna, which had never had a cart theft before that month.
fracture in Delaware →Deedra Prince said her left foot went through a floorboard of the porch at the house she rented in June 2016, after she had complained about the porch the year before; a contractor had called it safe.
fracture in Delaware →In December 2009 John Houghton fell from a ladder and fractured several ribs.
medical negligence in Delaware →In June 2017 the plaintiff’s leg became wedged between a toilet and a wall for hours before EMTs took him to Kent General.
medical negligence in Delaware →On October 17, 2021, Donald Savage, the seafood manager at ShopRite’s Christina Crossing store, grabbed papers off the lobster tank and his feet flew out from under him.
workplace in Delaware →On September 8, 2018, a wall Michael Sammons was cutting fell on him, injuring his head and right shoulder.
workplace in Delaware →Statutes and rulings that come up again and again in Delaware injury claims, each with its source.
| Fault rule | Your negligence does not bar recovery “where such negligence was not greater than the negligence of the defendant or the combined negligence of all defendants”; the award is reduced by your share.10 Del. C. § 8132 |
|---|---|
| Police reports | An accident report cannot be introduced as evidence at trial, so the jury in Morabito was refused the police report it asked to see.21 Del. C. § 313(b), applied in Morabito v. Zigler (Del. 2025) |
| Seat belt use | Not wearing a belt “shall not be considered as evidence of either comparative or contributory negligence” and is not admissible in any civil action.21 Del. C. § 4802(i) |
| Additur | When a verdict is too low, the court can offer the defendant a set increase instead of a new trial; in Garcia-Rivera it was $5,000.Garcia-Rivera v. Gottschall (Del. Super. 2022) |
| Innkeepers | A claim that a motel was negligent about its bathtub was not barred at the pleading stage.Wood v. Rodeway Inn (Del. Super. 2015) |
| Deadline to sue | No personal injury action “shall be brought after the expiration of 2 years from the date upon which it is claimed that such alleged injuries were sustained.”10 Del. C. § 8119 |
| Qualified expert | An orthopedic spine surgeon was not qualified to give opinions on a traumatic brain injury and could not relay other doctors’ opinions.D’Arro v. Morkides (Del. Super. 2022) |
| Lingering symptoms | The Board may credit an expert who finds concussion symptoms resolved over treating doctors who find them ongoing.Maclary v. James Malin Plumbing (Del. Super. 2025) |
How Delaware compares with its neighbours in the Northeast on fault rule and limitation period.
| Jurisdiction | Fault rule | Limitation |
|---|---|---|
| Delaware | Modified comparative, 51% bar | 2 years from date of injury |
| Connecticut (CT) | Modified comparative, 51% bar | 2 years from date of injury |
| District of Columbia (DC) | Pure contributory negligence | 3 years from date of injury |
| Maine (ME) | Modified comparative, 50% bar | 6 years for personal injury, longest in the US |
| Maryland (MD) | Pure contributory negligence | 3 years from date of injury |
| Massachusetts (MA) | Modified comparative, 51% bar | 3 years from date of injury |
| New Hampshire (NH) | Modified comparative, 51% bar | 3 years from date of injury |
| New Jersey (NJ) | Modified comparative, 51% bar | 2 years from date of injury |
| New York (NY) | Pure comparative negligence | 3 years for personal injury; 2 years 6 months for medical malpractice |
| Pennsylvania (PA) | Modified comparative, 51% bar | 2 years from date of injury |
| Rhode Island (RI) | Pure comparative negligence | 3 years from date of injury |
| Vermont (VT) | Modified comparative, 51% bar | 3 years from date of injury |
Common questions about personal injury claims in Delaware, answered with the relevant statutory references.
This page summarises the Delaware statutory framework as of 2026-05-09. It is not legal advice. Statutes change, published verdicts move, and the position within any band depends on facts the page can't see. For representation, consult an attorney qualified in Delaware. See /methodology, /sources, and /disclaimer.
