Most states have statute of limitation laws that place limits on how long an accident victim has to file a civil claim, such as a personal injury lawsuit. In Delaware, the statute of limitations for personal injury claims is two years, meaning that the lawsuit must be filed within two years of the date the accident, and the related injuries, occurred. Accident victims who fail to file a lawsuit within the two-year statute of limitations risk having their case dismissed.
There can be exceptions. The statute of limitations may pause, or “toll,” if the victim was mentally incompetent at the time of the injury. In this case, the time limit for filing a personal injury lawsuit extends to three years after the disability ends.
However, don't let the fact that you have two years to file a personal injury lawsuit relax you into complacency. Waiting to file a lawsuit can have several unwanted consequences. Witnesses may move, change their phone numbers, or forget the details of what they saw. Additionally, evidence may deteriorate or be lost over time.
Building a strong personal injury case can be a time-consuming process. Initiating a lawsuit as soon as possible after an accident ensures that you and your attorney are able to talk with witnesses and document and preserve other relevant evidence while it's still fresh. Well-documented evidence and witness statements, collected immediately following an accident, can strengthen your case as you head into negotiations or prepare for trial.
While exceptions to the statute of limitations can and do occur, when so much is at stake, it's better to be safe than sorry. If you were involved in an accident, waiting too long to act may jeopardize your right to pursue compensation for your injuries. Don't forfeit your right to take legal action. Fill out our contact form for a free initial consultation or call 302.655.2599 for more information.
Initiating a lawsuit as soon as possible after an accident ensures that you and your attorney are able to talk with witnesses and document and preserve other relevant evidence while it's still fresh.
