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Delaware law is different than other states like Pennsylvania and New Jersey which impose limitations on the right to recover for pain and suffering after an auto accident. For instance, Pennsylvania residents injured in car accidents in PA who have the limited tort option on their car insurance policies are generally unable to recover pain and suffering damages unless the injuries are serious and permanent.

Related: Pain and Suffering Damages in a Car/Truck Accident Case in Delaware

Delaware car accident law contains no such restriction and allows individuals who are injured in car accidents caused by others to recover pain and suffering damages without limitation.

Pain & Suffering in a Delaware Car Accident Case

Under Delaware law, a damages award in an auto accident lawsuit must be just and reasonable compensation for the injuries and harm caused by the negligent driver. There is no formula which determines the amount of an award for pain and suffering.

A pain and suffering award must be fair and reasonably determined based on the following types of factors:

  • the nature of the injuries causing the suffering,
  • the nature and extent of the suffering,
  • how long the suffering lasted, and
  • how these factors affected the individual’s usual life activities.

In addition, a pain and suffering award may be based on the plaintiff’s (injured party) pain and suffering suffered to date as well as pain and suffering that it is reasonably probable that plaintiff will suffer in the future, or pain and suffering reasonably likely to occur in the future.

For example, a driver is badly hurt in a high-speed car accident at an intersection in Wilmington, Delaware. He has multiple surgeries and extensive scarring. Due to the development of scar tissue, the driver will need additional cosmetic surgery in the future. So long as the doctor for the driver sufficiently documents the need for future surgeries and documents that they are a result of the car accident injuries, the driver would be able to present a claim for the cost of future medical treatment and future pain and suffering.

Related: Documenting Pain and Suffering from your Delaware Personal Injury Accident

Pain & Suffering in a Delaware Car Accident Case – The Emotional Component

When evaluating pain and suffering, the fact finder may consider the mental or emotional consequences of the car accident and resulting injuries. Pain and suffering awards may include compensation for emotions such as discomfort, anxiety, grief, or other mental or emotional distress. The key is showing how these emotions impacted the individual’s life by obtaining sufficient evidence, such as medical records, pictures, testimony of family and friends, etc.

Wilmington DE Car Accident Lawyer

Firm founder, Martin Knepper, has been handling auto accident cases for over 30 years. For more information about a Wilmington car accident case, please call us at (302) 658-1717.

*Disclaimer: This website page does not provide any legal advice or create any attorney-client relationship. Every case is unique and you should not take any action or make decisions in your case without speaking to a qualified car and truck accident lawyer in Delaware. Any discussion of results is no guarantee of the same or similar results in current or future cases.

*Use of the contact form on this website or emailing one of our lawyers does not create any attorney-client relationship. In addition, confidential information should not be sent through the contact form.