Posts in Car Accidents

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 ›

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 ›

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 ›

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 ›

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 ›

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 ›

Why should I hire an attorney?

Being involved in a serious accident can throw your entire world into chaos and leave you with a lot to consider, including whether taking legal action is appropriate. If you do decide to exercise your legal rights and pursue compensation for injuries sustained in an accident that was caused by another person's negligence, you may find yourself wondering if it's really necessary to hire an attorney to represent you. While the short and technical answer to that question is “no,” there are many instances where hiring an experienced personal injury attorney is not only wise, but offers you the best possible chance of achieving a successful outcome in your case. More ›

What to Do If You Suspect the Person Who Hit You Is Drunk

Drunk driving continues to be a serious problem in the United States. In 2016, police arrested over one million Americans for drunk driving. That is only 1% of the 111 million self-reported incidences of drunk driving. Just over 10,800 people died in alcohol-related crashes in 2017. More ›

10 Mistakes People Make After a Car Accident in Delaware

Car accidents can leave victims shaken, confused or in shock. Despite having just gone through an incredibly jarring experience, crash victims must be particularly careful of what they say and do after an accident, as their behavior will be thoroughly dissected by insurance adjusters and defense attorneys. Learning what not to do after a Delaware car accident can help car crash victims avoid common mistakes that could damage their personal injury insurance claim or lawsuit. Let's review 10 common mistakes you should avoid after a car accident. More ›

What is Gross Negligence?

Not all negligence is created equal. Under Delaware's personal injury law, there are different types of negligence. If you were a victim of the more severe form of negligence—known as gross negligence—you may be entitled to additional damages. More ›

How long do I have to file a claim in a personal injury lawsuit?

Most states have statute of limitation laws that place limits on how long an accident victim has to file a civil claim, such as a personal injury lawsuit. In Delaware, the statute of limitations for personal injury claims is two years, meaning that the lawsuit must be filed within two years of the date the accident—and the related injuries—occurred. Accident victims who fail to file a lawsuit within the two-year statute of limitations risk having their case dismissed.

There can be exceptions—the statute of limitations may pause, or “toll,” if the victim was mentally incompetent at the time of the injury. In this case, the time limit for filing a personal injury lawsuit extends to three years after the disability ends. More ›

Reporting a Car Crash in Wilmington Delaware

Reporting a car crash to the police and the insurance company protects you and bolsters the integrity of any related insurance claim or lawsuit you might file. More ›

Four Key Aspects of a Personal Injury Case

If you were injured in an accident and are considering taking legal action, understanding the key aspects of a personal injury case can be helpful. More ›

What is a settlement and what are some of the pros and cons of accepting one?

A settlement is an official agreement that resolves a personal injury claim or lawsuit before it goes to trial, allowing both parties to avoid the potentially lengthy and somewhat risky litigation process. In the United States, the vast majority of personal injury civil lawsuits never see the inside of a courtroom and are, instead, resolved via a negotiated settlement. More ›

How do I obtain a car accident police report in Delaware?

When police are summoned to a car crash, the responding officer talks to those involved, surveys the scene, and completes an accident report. This report usually contains the opinions of the investigating officer, as well as detailed information about the accident, including: More ›