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How Fault Impacts Recovery Delaware Injury Cases


Delaware follows a modified comparative negligent rules when determining a recovery. This means if you can recover from an injury as long as you are not more at fault than the other party. However, if your level of fault is greater than 50 percent, you are barred from recovering any damage award.



For example, if you are 50 percent at fault you can still recover but the award will be decreased by your percentage at fault. Let’s day you are awarded $100,000 but are found to be 50 percent at fault, your recovery will be $50,000.

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