Delaware Auto Injury Lawsuits Jury Instructions – Damages

The jury instructions listed below are those commonly used in auto accident cases in Delaware including truck, pedestrian and bicycle accidents. Visit our Delaware auto accident law library for more information. 

• Personal Injury 22.1 [Financial compensation for auto accident injuries includes medical bills, lost wages, out of pocket expenses and pain and suffering. The injured party bears the burden of proof and must establish that the accident resulted in the losses and injuries alleged.]
• Pre-Existing or Independent Condition 22.2 [An injured party must prove that the accident resulted in the injuries alleged and is not entitled to recover for prior injuries or injuries which exist independently of the accident.]
• Aggravation of Pre-Existing Condition 22.3 [An injured party may recover for worsening of a prior condition or injury, so long as the accident or injuries caused the aggravation or worsening.]
• Duty to Mitigate Damages – Personal Injury 22.4 [In personal injury cases, the injured party has a duty to reduce the damages resulting from an injury. Any damages resulting from the failure to do so, such as the failure to follow a doctor’s orders, may be omitted from a jury award of damages.]
• Property Damage 22.5 [The proper measure of compensation for property damage is the difference between the value of the property before and after the accident.]
• Loss of Consortium 22.7 [The spouse of an injured party may make a claim for loss of consortium, i.e., loss of company, cooperation, affection or aid from the injured spouse, that was caused by the accident and injuries.]
• Wrongful Death 22.8 [Delaware law provides that when a person dies as the result of another party’s wrongful conduct, certain family members may recover fair compensation for losses and harm resulting from the death.]
• Settling Co-Defendant 22.19 [In cases involving more than one at-fault party, the jury will apportion liability or fault among all of the defendants, even those who have already reached a settlement with the plaintiff.]
• Worker’s Compensation Benefits 22.21 [Worker’s compensation benefits are recoverable in an auto injury case where an employee was injured during the course of employment. In the event of a financial recovery, the injured party has a legal obligation to reimburse worker’s compensation benefits.]
• Medicare / Medicaid Benefits 22.21A [Medicare and Medicaid benefits are recoverable in an auto injury case. In the event of a financial recovery, the injured party has a legal obligation to reimburse Medicare/Medicaid benefits.]
• No-Fault (PIP) Insurance Benefits 22.22 [Injured parties cannot recover benefits which were already paid via PIP or no-fault insurance.]
• Attorney’s Fees and Taxes 22.23 [Financial awards are not subject to state/federal taxes and such awards are subject to “substantial” attorney’s fees.]
• Punitive Damages 22.27 [An injured party may seek punitive damages which are meant to punish the at-fault party for outrageous conduct. For example, in a DUI auto accident injury case, the plaintiff may seek punitive damages against the at-fault driver for driving under the influence of alcohol at the time of the accident.]
• Punitive Damages — Employer or Principal of Tortfeasor 22.27B [An employer may be ordered to pay punitive damages in certain situations.]

Credit: Delaware Superior Court

Page last updated: September 19, 2016