Delaware Pain & Suffering Calculator

Delaware places no cap on compensatory damages — the full multiplier range applies. The real limit is fault: more than 50% responsibility, and Delaware's modified comparative negligence rule bars recovery entirely.

Cited to 10 Del. C. FigureMyTax Editorial Team Free · no sign-up

Estimate your pain & suffering

Enter your economic damages, pick severity, and your share of fault, if any.

$
Estimated pain & suffering
—

No cap, and a familiar 51% threshold

Delaware imposes no statutory cap on compensatory damages in personal injury cases — the full multiplier range applies, with no ceiling. Under 10 Del. C. §8132, you can recover as long as your negligence "was not greater than" the defendant's — meaning you're barred only once your fault exceeds 50%, reaching 51% or more. At exactly 50% fault, you can still recover a reduced amount.

One notable carve-out: a separate $300,000 cap applies to most claims against local governments (10 Del. C. §4013(a)) — a government-liability limit distinct from the no-cap rule that governs claims against private defendants.

Injured in Delaware?

A local personal injury attorney can review your claim — many offer a free consultation.

Talk to a Delaware attorney

This is an estimate for general guidance only and is not legal advice. Figures are based on the cited Delaware statute. Confirm how these rules apply to your specific case with a licensed Delaware attorney.