Delaware Personal Injury Settlement Calculator
Estimated Settlement & Recovery
Non-Economic Damages: $0.00
What the Delaware Personal Injury Settlement Calculator Does
The calculator is designed to estimate how much compensation you may receive from a personal injury case in Delaware. It factors in:
- Economic damages: medical expenses, lost wages, property damage
- Non-economic damages: pain, suffering, emotional distress
- Comparative fault percentage: your share of blame in the accident
- Insurance limits: the at-fault driver’s coverage cap
- Attorney’s fees and case costs
It’s not a replacement for legal advice — it’s a practical way to understand how your potential settlement might look before you speak with an attorney.
How the Delaware Settlement Calculator Works (Step-by-Step)
Let’s break it down so you can see how the math behind the tool makes sense.
1. Enter Your Fault Percentage
Delaware follows a modified comparative fault rule.
That means you can only recover damages if you’re 50% or less at fault.
If you’re 51% or more at fault, your recovery is zero.
So if you’re found 10% at fault, your total settlement is reduced by 10%.
Example: If your total damages are $100,000, you’d receive $90,000.
2. Add Up Your Economic Damages
These are your out-of-pocket financial losses, such as:
- Medical bills (past and future)
- Lost wages or earning capacity
- Property damage (like car repairs)
The calculator totals these to create your base economic damages.
3. Estimate Non-Economic Damages
Next comes pain and suffering, which can be tricky to quantify.
To simplify, the calculator multiplies your medical and wage losses by a severity multiplier based on your injury:
| Severity | Example Injuries | Multiplier |
|---|---|---|
| Minor | Bruises, sprains, cuts | 1.5× |
| Moderate | Broken bones, moderate trauma | 3.0× |
| Severe | Organ damage, PTSD, nerve injury | 4.5× |
This provides a realistic estimate of your non-economic damages, which reflect how your injuries affect your life and recovery.
4. Apply Policy Limits
Even if your case is worth more, insurance policy limits can cap your recovery.
For example, if your damages total $120,000 but the at-fault driver’s insurance only covers $100,000, that’s the most you can collect from their insurer (unless you pursue other sources).
The calculator automatically applies this cap if you enter a policy limit.
5. Subtract Attorney Fees and Case Costs
If you hire a lawyer (which is highly recommended in personal injury cases), they typically charge:
- 33.3% if your case settles before litigation
- 40% if it goes to court
- 0% if you handle it yourself (though not advised)
The calculator then deducts these fees and any case costs or medical liens, showing your estimated net recovery — the amount you actually take home.
Example Calculation
Let’s look at a quick example to see how it adds up:
| Category | Amount |
|---|---|
| Medical Expenses | $20,000 |
| Lost Wages | $5,000 |
| Property Damage | $3,000 |
| Injury Severity | Moderate (×3.0) |
| Fault | 10% |
| Policy Limit | $100,000 |
| Attorney Fee | 33.3% |
| Case Costs | $2,500 |
Result:
- Economic Damages = $28,000
- Non-Economic Damages = ($25,000 × 3.0) = $75,000
- Total = $103,000
- Less 10% fault = $92,700
- Capped by policy = $92,700 (under $100k)
- Attorney fee = $30,891
- Costs = $2,500
Net Recovery: ~$59,309
This gives a realistic sense of what your take-home settlement might look like.
Why Use a Delaware-Specific Calculator?
Personal injury law varies from state to state. Delaware’s modified comparative fault and 51% bar rule make a big difference in how your compensation is calculated.
Using a Delaware-specific calculator ensures that:
- Fault reductions are applied correctly under Delaware law.
- Policy limits and local fee structures are accurately represented.
- You get a state-relevant estimate, not a generic national guess.
Important Legal Note
This calculator is for informational purposes only.
It doesn’t replace professional legal advice or an attorney’s evaluation of your case.
Delaware personal injury cases can involve complex issues like:
- Permanent disability or long-term care costs
- Pain and suffering evidence
- Comparative negligence disputes
- Insurance company negotiations
Always discuss your estimate with a qualified Delaware personal injury lawyer before accepting a settlement or signing any documents.
How to Use the Delaware Personal Injury Settlement Calculator
- Go to the calculator on your screen.
- Enter your details: expenses, wages, property damage, and more.
- Choose your injury severity and attorney fee level.
- Click “Calculate Estimate.”
- Review your estimated total settlement and net recovery.
- Adjust inputs to test different scenarios — like reducing fault or adding future costs.
It’s fast, private, and gives you a solid starting point for your next steps.