Posts from 2020

Is the driver of the rear vehicle always at fault in a rear-end car accident case?

When a car and the vehicle in front of it collide, resulting in a rear-end accident, the prevailing wisdom is that the driver of the second vehicle is almost always at fault, as they had a duty to follow at a safe distance and—had they done so—could have presumably prevented the crash. While this is often the case, the presumption that the second driver is always to blame doesn't hold true for every rear-end accident. More ›

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What types of cases does your law firm handle?

While some law firms handle cases from a broad range of seemingly unrelated practice areas, the Morris James Personal Injury Group offers a more focused approach, helping those who were harmed by another party's negligent actions pursue compensation for their injuries via civil lawsuits. The skilled legal team with the Morris James Personal Injury Group boasts more than 80 years of combined experience in personal injury law and is adept at litigating personal injury cases, including wrongful death, auto accident, workers' compensation, dog bite, product liability, and slip-and-fall claims. More ›

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The Statute Of Limitations For Filing A Wrongful Death Lawsuit In Delaware

When a loved one is killed in a negligence-related incident caused by someone else's negligence, surviving members only have a short window to file a lawsuit. More ›

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Factors That Can Affect Your Settlement Value in a Personal Injury Case

It’s only natural to wonder what is the settlement value for personal injury in Delaware. What can you realistically expect to receive in compensation for your pain and suffering? More ›

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Is a trucker or a trucking company responsible for my injuries?

A truck accident can be a truly harrowing experience that can leave victims seriously injured and unsure of their legal rights. Considering that most passenger vehicles weigh around 4,000 lbs., while big-rig vehicles can weigh in at 80,000 lbs. or more, it's easy to understand why so many of these accidents have such a serious and negative impact on the lives of those involved. More ›

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What if my car accident was caused by a drowsy driver?

Life is busy and, as a result, many are burning the proverbial candle at both ends. Though driving while tired may not seem on par with driving under the influence of drugs or alcohol, research shows it can have the same impairing effects. Drugged, drowsy, and drunk drivers all experience slowed reactions, decreased focus, and impaired judgment and decision-making ability. More ›

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What is negligence?

If another person's negligent actions led to an accident that resulted in you being injured, you may be eager to file a personal injury claim or lawsuit to pursue compensation for your injuries. However, before you start daydreaming about how you'll spend your settlement, you should determine whether your case—and the defendant's conduct—meets the legal definition of negligence. In order for a judge or jury to agree with your assessment that the defendant was negligent, you must be able to prove the following elements of negligence: that the defendant owed you a duty of care and breached that duty in a way that resulted in you being seriously injured. More ›

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Is motorcycle lane splitting legal in Delaware?

Maneuvering one's motorcycle between slow-moving lanes of traffic, commonly known as lane splitting, is a popular practice among motorcyclists. However, while lane splitting is only explicitly legal in California, most states—including Delaware—don't address the issue at all in their code of regulations, making the practice technically legal by default. According to one U.C. Berkeley study, lane splitting is a factor in nearly one-fifth of all motorcycle accidents. More ›

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What to Do After Being Injured in a Work Vehicle

Have you been injured in a work vehicle? What rights do you have as an injured employee, and what compensation are you entitled to? The boundaries between work and personal life are becoming increasingly blurrier, so it's essential to understand the rights you have if you're injured in a work car accident. 

In this guide, we'll discuss what to do if you're injured in a work vehicle, how to determine who is responsible and what the difference is between workers' comp and a personal injury lawsuit. More ›

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Photos to Take After an Accident

If you are in a car accident, you may want to gather evidence to support a personal injury claim or lawsuit. Photos can be one of the best ways to document the scene of an accident, providing you with solid visual proof of what happened during and afterward. But what photos should you take to document the accident? What visual evidence should you gather to best support your case? More ›

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Are truck accident cases the same as car accident cases?

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What to Do If You Are Injured as a Passenger in a Car

In the United States, more than 3 million people are injured in car accidents every year. Delaware has a share of these accidents, with more than 28,000 crashes and 8,161 people injured in 2018.

Any accident can be jarring for everyone involved, but it can be especially confusing for passengers. More ›

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Will I have to appear in court if I file a personal injury lawsuit?

It's not uncommon for prospective clients to ask if filing a personal injury lawsuit means that they'll have to appear in court. It's understandable; the thought of having to testify in front of a judge and jury can be intimidating—particularly for those with no prior experience in a courtroom. Fortunately, the experience is often far less overwhelming than clients expect—and far less dramatic than what they've seen on popular courtroom dramas. More ›

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