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There is a time limit for either filing suit or settling your claim. In some cases, such as disputes involving the government, a written claim must be filed before a lawsuit can be brought. There is a time limit for doing that , too. These "statutes of limitation" setting out the time limit for your case should be discussed with Mr Erisman. In most personal injury cases, the statute of limitation in Delaware is two years.

It is important to remember that approximately 90 percent of all cases in this office are settled before trial. Even though a lawsuit may be started, settlement is still probable.

Where settlement is attempted but we are unable to agree with the insurance company, a lawsuit will be started.

The length of time from when the lawsuit is filed for a jury trial until the time of actual trial depends upon the county where the lawsuit is started. In New Castle County at the present time, it generally takes 25 months or more from the time the case is filed to the time it is brought on for trial. If the case is filed for arbitration, you should expect a hearing within 90 days.