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★ Delaware · head & brain

Head & brain settlements
in Delaware.

By 6 min read

Delaware applies modified-51 comparative fault with PIP no-fault coverage for medical bills. For head & brain claims specifically, the band is built from the state-by-state tort law · jury verdict reporters · statutory caps framework and then adjusted for Delaware's modified comparative — 51% bar.

Delaware applies modified comparative negligence with a 51% bar. A head & brain claimant who is 50% at fault still recovers 50% of damages; one assigned 51% recovers nothing. This is slightly more claimant-friendly than the 50% bar applied in some neighbouring states, and it leaves room for negotiation in mixed-liability head & brain cases where the comparative-fault split is close to even.

Delaware does not impose a state-specific statutory cap on the standard heads of damage in head & brain cases. The band is constrained primarily by jury verdict ranges, insurance policy limits, and the strength of the medical paper trail. Catastrophic head & brain claims with documented future care needs can clear the upper end of the band without bumping into a statutory ceiling.

Delaware applies partial no-fault provisions. For head & brain claims tied to motor-vehicle accidents, limited first-party PIP-style benefits may be required by statute, but the underlying tort right against the at-fault driver is preserved.

★ band · US federal frame
$500,000 – multi-million
Severe traumatic brain injury
Catastrophic-case reported decisions

The US band is the starting point. Delaware's fault rule and any applicable cap then adjust the figure.

united states · sister site
Your head & brain claim in Delaware. See the number for your own case.

The range above is a starting point. FairSettlement gives you a free estimate for your own head & brain case in about two minutes, no cost and no obligation.

Check my case
★ DE · statute of limitations
2 years from date of injury

10 Del. C. § 8119

★ DE · fault rule
Modified comparative — 51% bar

Modified comparative — recovery barred at 51% claimant fault.

★ head & brain severity tiers · US frame

How the band stratifies.

The state-by-state tort law · jury verdict reporters · statutory caps stratifies head & brain into the tiers below. Delaware courts apply the same tier structure, adjusted for state-specific factors.

Severity tierBandBasis
Concussion / mild TBI$25,000 – $100,000Reported decisions
Severe traumatic brain injury$500,000 – multi-millionCatastrophic-case reported decisions
★ head & brain · same region & fault regime

Compare to like jurisdictions.

How Delaware's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for head & brain claims.

JurisdictionFault ruleLimitationHead & brain page
Delaware · you are hereModified comparative — 51% bar2 years from date of injury—
District of ColumbiaPure contributory negligence3 years from date of injuryDC · head & brain →
MaineModified comparative — 50% bar6 years for personal injury — longest in the USME · head & brain
MarylandPure contributory negligence3 years from date of injuryMD · head & brain →
MassachusettsModified comparative — 51% bar3 years from date of injuryMA · head & brain →
New HampshireModified comparative — 51% bar3 years from date of injuryNH · head & brain
New JerseyModified comparative — 51% bar2 years from date of injuryNJ · head & brain →
FloridaModified comparative — 51% bar2 years from date of injury (was 4; reduced by HB 837)FL · head & brain →
HawaiiModified comparative — 51% bar2 years from date of injuryHI · head & brain
IllinoisModified comparative — 51% bar2 years from date of injuryIL · head & brain →
IndianaModified comparative — 51% bar2 years from date of injuryIN · head & brain →
GeorgiaModified comparative — 50% bar2 years from date of injuryGA · head & brain →
IdahoModified comparative — 50% bar2 years from date of injuryID · head & brain
★ DE · head & brain · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

★ all of DE
Delaware overview

Fault rule, statute, caps, and key facts for Delaware as a whole.

★ federal frame
Head & brain in United States

Head & brain band structure and severity tiers at the US level.

★ all 15 countries
Head & brain · everywhere

Cross-jurisdiction comparison of head & brain bands.

★ editorial note

Figures on this page are starting points: the US band adjusted for Delaware's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Delaware. See /methodology, /sources, and /disclaimer.