{"id":372454,"date":"2016-10-17T18:47:23","date_gmt":"2016-10-17T23:47:23","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/delaware-law\/pain-and-suffering-damages-in-delaware.html"},"modified":"2018-12-11T15:28:34","modified_gmt":"2018-12-11T20:28:34","slug":"pain-and-suffering-damages-in-delaware","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/delaware-law\/pain-and-suffering-damages-in-delaware.html","title":{"rendered":"Pain and Suffering Damages in Delaware"},"content":{"rendered":"\n
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Pain and Suffering Damages in Delaware<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Delaware is known as the first state to ratify the Constitution and as a tax-friendly place for corporations. It also has favorable laws for an injured person seeking damages for "pain and suffering," a legal term for both the physical and emotional distress caused by an injury. If you’ve been injured in this state, you’ll want know how courts treat pain and suffering damages in Delaware.<\/p>\r\n

Below is a table laying out laws relevant to pain and suffering damages in Delaware, including limits on damages and the statute of limitations.<\/p>\r\n\r\n
Statute of Limitations<\/b><\/td>\r\n

2 years for personal injury (Tit. 10, Sec. 8119<\/a>); 1 year for some claims against local governments (Tit. 10, Sec. 4013(c)<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Limits on Damages<\/b><\/td>\r\nNo cap on pain & suffering damages, generally; $300,000 cap on most claims against local governments (Title 10, Sec. 4013(a)<\/a>)<\/td>\r\n<\/tr>
Other Limits<\/b><\/td>\r\nComparative negligence rule may prohibit or reduce recovery of any damages (Tit. 10, Sec. 8132<\/a>)<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

The Types of Damages Available<\/h2>\r\n

In a claim for damages after an accident, there are usually two types of damages<\/a> to consider: economic (or "special") and non-economic (or "general"). Economic damages refer to the more concrete costs of an injury, such as medical expenses and lost wages. Non-economic damages are the more abstract, subjective costs of an accident, including past and future pain and suffering (for example: depression, insomnia, and the loss of enjoyment of life).<\/p>\r\n

How Do Delaware Courts Measure Pain and Suffering Damages?<\/h2>\r\n

Damages for pain and suffering are difficult to measure<\/a>, in part because the experience of pain and suffering varies so much from one person to the next. Courts often instruct juries to use their best judgment in deciding how much to award a plaintiff, and attorneys and juries use a number of factors to assign value to these types of damages.<\/p>\r\n

Below are some factors that are often considered in determining damages for pain and suffering:<\/p>\r\n