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★ Delaware · head & brain

Head & brain settlements
in Delaware.

By 9 min read

Who gives the brain injury opinion matters in Delaware. After a 2019 head-on crash, a spine surgeon was barred from testifying about the driver’s concussion. A plumbing technician hurt in a head-on truck crash kept total disability benefits, but the Board accepted that his concussion symptoms had resolved.

Facts that decide a head & brain claim in Delaware

Qualified expertAn 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 symptomsThe 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)
Deadline to sueNo 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
★ band · US federal frame
$500,000 to 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 · reported head & brain outcomes

What Delaware courts have awarded.

Real Delaware decisions and verdicts, each linked to the court record or official report.

  • D’Arro v. Morkides
    Delaware Superior Court · 2022
    Concussion opinions excluded

    Giuseppe D’Arro was hurt in a head-on crash on February 1, 2019. His expert, a board certified orthopedic spine surgeon, planned to testify about his concussion based on other doctors’ findings, and the defense said the report came six weeks late. The court held he was not qualified on the neurological condition and barred those opinions.

  • Maclary v. James Malin Plumbing
    Delaware Superior Court · 2025
    Total disability at $797.96 a week upheld

    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. The Board found his neck and right shoulder injuries work related and his total disability continuing at $797.96 a week, while crediting a doctor who found he had long since recovered from any concussion. The court upheld most of the decision.

★ DE · head & brain · in practice

What changes the number here.

What actually moves a head & brain settlement in Delaware.

  1. 1

    Have a neurologist or similar specialist give the brain injury opinion, not an orthopedist.

  2. 2

    Meet every expert report deadline; the defense attacked D’Arro’s report as six weeks late.

  3. 3

    Keep treating and documenting symptoms; the Board weighs how long they truly last.

★ 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 to $100,000Reported decisions
Severe traumatic brain injury$500,000 to 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.

Sources

Checked 2026-09-30. Every figure on this page comes from one of these documents.

★ 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.