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Delaware · Through 2026-08-10 (85 Del. Laws, c. 421, 424) · Newer source version available

10 Del. C. § 4335: Economic expert opinion on the amount of future lost wages and/or future medical expenses.

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Where this section sits in the code
  1. Title 10. Courts and Judicial Procedure
  2. Procedure
  3. CHAPTER 43. Evidence and Witnesses
  4. Subchapter IV. Expert Witnesses

In any case before a Delaware court where there is a dispute over the economic amount a party owes another party for future lost wages and/or future medical expenses, there shall be a rebuttable presumption that the inflation rate for future lost wages and/or future medical expenses is equal to the economic discount rate. No party shall be required to present an economic expert witness opinion to a jury or court for the purpose of having the present value of the economic amount of a party’s claim for either future lost wages and/or future medical expenses introduced into evidence. However, no party is precluded from presenting admissible expert witness opinion to a jury or court for the purposes of having the present value of the economic amount of a party’s claim for either future lost wages or future medical expenses introduced into evidence, or to oppose the present value of the economic amount of a party’s claim for either future lost wages or future medical expenses. A Delaware court shall have the discretion in any case to order sua sponte or for good cause shown that a party shall be required to present economic expert opinion evidence on the present value of the economic amount that a party is owed by another party for future lost wages and/or future medical expenses.

Collected 2026-09-05T23:02:12Z. Source file · JSON

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