A car crash can instantly disrupt your life—causing serious injuries, vehicle damage, and overwhelming medical bills. If the accident was caused by someone else’s negligence, you may have the right to pursue a lawsuit for compensation. However, Delaware law imposes strict deadlines for filing a legal claim. Understanding the statute of limitations is essential to protecting your rights and recovering the compensation you deserve.
What Is a Statute of Limitations?
The statute of limitations is the legal time frame you have to file a lawsuit. These deadlines vary by state and by the type of case involved. The purpose is to ensure timely legal action while evidence is still fresh and available, and to protect defendants from facing lawsuits after unreasonable delays.
How Long Do You Have to File a Car Accident Lawsuit in Delaware?
In Delaware, the statute of limitations for car accident lawsuits is generally two years from the date of the accident. This deadline applies to both personal injury and property damage claims resulting from a motor vehicle crash.
Failing to file within this two-year window could result in your case being dismissed, regardless of how strong your claim may be. Some limited exceptions may apply:
- Minor Victims: If the injured party is under 18 at the time of the crash, the two-year period does not begin until they reach the age of majority.
- Discovery of Injuries: In rare cases, if injuries were not immediately apparent, the time limit may begin from the date the injury was—or reasonably should have been—discovered.
- Government Claims: If your claim involves a government agency, such as a city-owned vehicle, special procedures and shorter notification deadlines may apply. You may be required to provide formal notice within a matter of months.
Because exceptions are narrow and strictly interpreted, it’s best not to rely on them unless advised by an attorney.
How to Strengthen Your Car Accident Claim Before the Deadline
To protect your rights and support a successful claim, it’s important to act promptly. Here are some key steps:
- Save all accident-related documents, including police reports, medical records, and repair estimates.
- Track your expenses related to the crash, such as lost wages, hospital bills, and transportation costs.
- Follow your doctor’s treatment plan closely and keep all appointments.
- Refrain from posting about the accident or your injuries on social media.
- Speak to a Delaware car accident lawyer early to ensure your case is investigated and filed on time.
Talk to a New Castle Car Accident Lawyer at McCann Dillon Jaffe & Lamb, LLC Today
If you’ve been injured in a car crash in Delaware, don’t wait to take legal action. The experienced New Castle car accident lawyers at McCann Dillon Jaffe & Lamb, LLC can help you understand your rights, preserve key evidence, and file your claim before the statute of limitations expires. Call 302-888-1221 or contact us online for a free consultation. Our office is located in Wilmington, and we proudly serve clients throughout New Castle County, including Dover, Newark, and Middletown.