Many injured Delawareans want to know how soon a lawsuit can actually be filed once they hire an attorney. The answer depends on whether pre-suit demands have been exchanged, whether liability is clear, and how quickly medical treatment stabilizes.
The Detailed Answer
Filing a Delaware personal injury lawsuit involves several steps that take time but can usually be completed within a few weeks if circumstances require it.
Pre-Suit Investigation
Before filing, your attorney typically obtains police reports, medical records, and insurance information. For routine cases, this takes 2 to 4 weeks. Complex matters such as medical malpractice may require months of pre-suit investigation, including obtaining a qualified medical professional’s affidavit of merit under 18 Del. C. § 6853.
Drafting the Complaint
The complaint identifies the parties, the court, the facts, the legal theories, and the relief requested. Drafting typically takes 3 to 7 days for routine cases. Complex cases require significantly more time.
Filing and Issuance of Summons
Delaware Superior Court accepts electronic filing through File and Serve. Once the complaint is filed and the filing fee paid, the court issues a summons. This generally happens within 1 to 3 days.
Service of Process
The defendant must be served. Personal service by the Sheriff or a private process server typically takes 1 to 4 weeks. Out-of-state defendants may take longer. Delaware Superior Court Civil Rule 4 governs service.
The Statute of Limitations Deadline
Most Delaware personal injury claims must be filed within two years under 10 Del. C. § 8119. Wrongful death actions must be filed within two years under 10 Del. C. § 8107. Claims against Delaware counties or municipalities may be subject to shorter notice requirements under 10 Del. C. § 4013(c), where enacted by local ordinance.
What This Means for Your Case
If your statute of limitations is approaching, your attorney can file a complaint quickly to preserve your rights. However, filing too early — before injuries stabilize and treatment is documented — can hurt the case’s value. The right timing balances urgency with thorough preparation. Learn about tolling and deadline issues.
Related Questions
Q: Can a lawsuit be filed the same day I hire an attorney?
It is possible in true emergency situations near the statute deadline, but it is not typical. Quality preparation usually takes longer.
Q: What if I cannot find the defendant to serve?
Delaware courts allow alternative service in certain circumstances, including service by publication for missing defendants, with court approval.
Q: Does filing toll the statute of limitations?
Yes. Once a complaint is filed within the statute, the deadline is preserved even if service takes longer.
When to Talk to a Delaware Personal Injury Lawyer
If your incident occurred recently or your statute of limitations is approaching, contact a Delaware personal injury attorney without delay. Joseph M. Jachetti has experience handling Delaware filings across auto accident, premises liability, and workers’ compensation cases. Free consultations: (302) 984-1000.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.