Personal Injury in Delaware

Delaware ( DE)

Average: Free / Contingency

Last Updated: Mar 2026

Low Estimate

Free / Contingency

Simple / Uncontested Cases

Average Cost

                        Free / Contingency                    
Typical
                        Personal Injury Case
                    

High Estimate

Free / Contingency

Complex / Contested Cases

Cost Component	Low	Average	High
Total Cost Estimate	Free / Contingency	Free / Contingency	Free / Contingency
Court Filing Fee	$350

What to Know About Personal Injury Costs in Delaware

Delaware follows modified comparative negligence with a 51% bar. Contingency fees average 33.33%. Two-year statute of limitations. Delaware has no caps on compensatory damages. The Delaware Court of Chancery (famous for corporate law) also handles certain personal injury matters. Workers' comp through the Office of Workers' Compensation.

Sources: ABA, State Bar Rules - Standard contingency: 33.33% pre-suit, 40% after litigation