Personal Injury Attorney, Ben Schwartz, is going to address the age-old question, “How much are you suing for?” Ben has noticed a trend over the years. Whenever talking to someone about a personal injury lawsuit that might be filed, the first question is always “How much are you suing for?” It’s a question that he has never been able to figure out how to answer because, in the state of Delaware, you don’t sue for a particular amount of money when it comes to pain, suffering, and damages. Most people don’t realize this.

I’m Attorney Ben Schwartz,

Today we’re going to address the age-old question of, “How much are you suing for?” As you may know, if you have been watching these videos, I’m a personal injury lawyer and have my main offices in the state of Delaware. Although I get Maryland personal injury cases, some of the other attorneys in my firm handle Pennsylvania and New Jersey too. The bulk of our personal injury cases are in Delaware.

I have noticed a trend over the years. Whenever I’m talking to someone about a personal injury lawsuit that maybe we filed, the first question is always “How much are you suing for?” It’s a question that I have never been able to figure out how to answer because in the state of Delaware, you don’t sue for a particular amount of money when it comes to pain and suffering damages and I think most people don’t realize this.
You may be suing for your past medical expenses; you can put a dollar number on that. You may be suing for your future medical expenses and you can hang a dollar sign on that if you get an estimate from an expert. You may be suing for your lost wages; you can put a dollar on that. When it comes to personal injury claims and pain and suffering claims, in particular, you can’t put a dollar sign on it.

When I go to trial and I’m presenting the case to the jury, I can’t tell the jury what that pain and suffering claim is worth. I can’t say I think that in other cases like this that I’ve handled, based on other comps, this case should be worth $650,000 dollars. I don’t get to make that statement to the jury. I just give the jury the evidence, paint the picture of my client’s life before the accident, after the accident, and let the jury decide.
I think that is something that is probably unique in Delaware. Most states are not that way. I think in most states you can hang a dollar figure on it. In most states you may even be able to say to the jury, “Here is how much we are suing for…” and in Delaware, it’s different. It’s a frustrating thing from my perspective, because not only does everyone always ask me, “Hey Ben, how much are we suing for?” I have to say to my clients, “I don’t know. I have no idea how much we are suing for; it is whatever the jury’s going to award to us.” So, it’s a strange little wrinkle of Delaware law.

I hope you found this to be informative. If you have questions about Delaware law, please feel free to send me an email. Thanks for watching!