Personal injury refers to an injury to a person’s body—also known as bodily injury—or to their mind or emotional well-being—also referred to as emotional distress or pain and suffering. The term personal injury is also used to refer to a broad category of legal claims involving personal injuries or death.
Claims for personal injuries are generally known as torts—wrongful acts that are done intentionally or negligently, or for which there is liability without proving negligence (strict liability).
Personal injury claims are primarily a matter of state law and may be compensated by the court system if the injured person—also known as the claimant, or the plaintiff if a lawsuit is filed—can prove liability (another person or entity caused the personal injury) and damages (medical expenses, permanent disability, death).
In Delaware, personal injury law allows individuals who have suffered bodily injuries, emotional distress, or pain and suffering due to the wrongful acts of others to seek compensation. These wrongful acts, known as torts, can be intentional, negligent, or subject to strict liability, where fault is assigned without proving negligence. To succeed in a personal injury claim in Delaware, the injured party (claimant or plaintiff) must establish liability, showing that another person or entity caused the injury, and must also demonstrate damages, which can include medical expenses, permanent disability, or death. Delaware's personal injury claims are governed by state statutes, and the compensation for such claims is typically determined by the court system. It's important to note that Delaware may have specific statutes of limitations that set the time frame within which a personal injury lawsuit must be filed. An attorney specializing in personal injury law can provide guidance on these matters and represent the interests of the injured party in court.