Rhoades and Morrow: Delaware Injury Lawyers

Can I sue for pain and suffering in Delaware?

Yes. Under Delaware personal injury law, you can seek compensation for physical pain, emotional distress, and loss of enjoyment of life. The amount depends on the severity of your injury and its long-term impact.

How much do most personal injury lawyers charge?

At Rhoades & Morrow, we work on a contingency fee basis. You pay no upfront fees — we only receive a payment if we win your case. This ensures every client has access to high-quality legal representation.

What types of cases do Delaware personal injury lawyers handle?

We represent clients in a variety of injury claims, including car accidents, workers’ compensation cases, slip and fall accidents, medical malpractice, and wrongful death claims, among others. Every case is unique, and our dedicated personal injury group tailors a strategy to your needs.

How long do I have to file a personal injury claim?

In Delaware, the statute of limitations for most personal injury claims is two years from the date of the accident or the date of discovery of the injury. It’s best to contact an attorney as soon as possible to protect your rights.

How does Delaware’s no-fault insurance system work after a car accident?

Delaware is a no-fault state for initial auto insurance claims. Personal Injury Protection (PIP) coverage typically pays first for medical expenses and part of your lost wages — regardless of who caused the accident. If your losses exceed PIP benefits, you may still pursue a personal injury claim against the at-fault driver.

How does fault impact my ability to recover compensation in Delaware?

Delaware follows a modified comparative negligence rule, 10 DE Code § 8132 (2024). Your percentage of fault reduces your compensation, and if you are more than 50% at fault, you may not be eligible to recover damages. Fault is determined through the investigation process, not by admissions made at the scene of the accident.

What should I do immediately after an accident?

If possible, exchange insurance company information, take photos of the scene, gather witness names, and seek medical attention. Documenting your injuries, symptoms, and expenses helps support personal injury claims for medical bills, lost wages, and pain and suffering. You should not admit fault while still at the scene.

What benefits do injured workers receive through Delaware workers’ compensation?

Workers’ compensation in Delaware generally covers medical treatment, related travel costs, and a portion of lost wages. In cases where an employee is unable to return to their previous job, vocational rehabilitation may be available. If a claim is denied or disputed, workers have the right to appeal.