Do I need a lawyer after a car accident in Delaware?
Every rule below is quoted from Delaware law or a state agency, with a link. Checked September 17, 2026.
The short answer
We can't tell you whether you need a lawyer. We can show you the Delaware rules that usually decide it: how fault is split, how long you have, and how injury lawyers are allowed to charge. Many people with only car damage settle directly with the insurer. People with injuries, disputed fault or a claim near a deadline often talk to a lawyer first.
How fault changes your claim
If you were partly at fault
Delaware uses modified comparative negligence with a 51 percent bar. You can still recover damages if you were 50 percent or less at fault, but you recover nothing if you were more at fault than the other driver.
“shall not bar a recovery by the plaintiff or the plaintiff's legal representative where such negligence was not greater than the negligence of the defendant”
How long you have
- 2 years
- to sue for injuries10 Del. C. § 8119
- 2 years
- to sue for car or property damage10 Del. C. § 8107
- 2 years
- for a family to sue after a death10 Del. C. § 8107
- 1 year (minimum allowed by county/municipal ordinance, where one exists)
- to notify the government if a public vehicle or road was involved10 Del. C. § 4013(c)
Deadline to sue for injuries
You have 2 years from the date of the crash to file a lawsuit for your injuries.
“No action for the recovery of damages upon a claim for alleged personal injuries shall be brought after the expiration of 2 years from the date”
If a government vehicle or road was involved
Delaware's state tort claims law sets no statutory notice-of-claim deadline before you sue the state for a crash involving a state vehicle or state road. A county or city can pass its own notice rule by local ordinance, but that local rule cannot require notice sooner than 1 year after the crash.
“Any political subdivision may enact a notice requirement by ordinance, so long as said notice requirement does not bar suit if notice is given within 1 year of occurrence”
How injury lawyers charge in Delaware
Contingency fee rules
Delaware does not cap the percentage a lawyer can charge in a personal injury contingency fee case. The fee still has to be reasonable, the agreement must be in writing and signed by the client, and the lawyer must give the client a written statement of the outcome when the case ends.
“A contingent fee agreement shall be in a writing signed by the client and shall state the method by which the fee is to be determined, including the percentage”
Questions to ask any lawyer before you sign
- What percentage do you charge, and does it change if the case goes to trial?
- Who pays case costs like records and expert fees if we lose?
- Will you handle my case yourself, or pass it to someone else?
- How long do cases like mine usually take here?
- What is the deadline for my claim, and when will you file?
If the insurer is the problem
File a complaint with the state
To complain about an insurance company in Delaware, file online with the Delaware Department of Insurance or contact its Consumer Services Division by phone or email.
“Fill Out a Complaint Form Online”
Sources on this page
Each one was opened and checked on September 17, 2026.
Know My Claim is not a law firm or a government agency, and this page is not legal advice. Laws change, so check the linked source before you rely on a deadline.