How Long Do I Have To Hire An Attorney?

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How Long Do I Have To Hire An Attorney?

The law requires that you file a lawsuit within a specified period of time depending on the nature of the claim and the entity that caused your injury. This is referred to as the statute of limitations. Failure to file suit within this time frame prevents you from filing suit at all. In Delaware, an action for recovery of damages upon a claim for personal injuries must be brought within two years from the date upon which it is claimed such injuries were sustained. If a claimant is under disability of infancy or mental incompetence, the limitation period is tolled until three years after removal of the disability. In claims for medical malpractice, if the injury could not reasonably be discovered, the claimant is given an additional year in which to bring an action and minors six years of age or younger have two years or until their sixth birthday.

Other Delaware Personal Injury FAQs

Q: I Was Injured. Can I File A Lawsuit Against The Party That Caused My Injury?
A: You can make a claim against another party or parties if they are more at fault for your injuries than you are. In general, when a person is injured as a result of … More
Q: Who Is Responsible When A Person Is Injured?
A: The law of personal injury is concerned with determining who may be responsible for your injuries and how much they should be required to pay for your damages. … More
Q: How Do I Decide If I Need To Hire An Attorney?
A: There are situations where an attorney is unnecessary, such as very small cases. Small claims court in Delaware will handle claims up to $15,000. If your injury is a … More
Q: How Much Will An Attorney Cost?
A: Most attorneys who believe a case has merit will take the case without payment up front. They will take the case on a contingency basis, which means they will receive … More
Q: How Will My Claim Be Processed?
A: You should be sure not to sign any documents without prior review by an attorney. You need to attend all scheduled doctor appointments in order to document your … More
Q: What Damages Can I Recover?
A: You can recover your actual economic losses such as the costs of reasonable and necessary medical care, property damage, car rental expenses, costs of domestic … More
Q: How Can I Determine How Much My Claim Is Worth?
A: For purposes of settlement, a claim is valued upon an estimate of what a jury would likely believe the case to be worth, taking into account the severity of the … More