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Showing 48 posts in FAQs.

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

Posted In Truck Accidents

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?

Posted In Car Accidents

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?

Posted In Truck Accidents

No. Though there are some similarities between car and truck crashes, when it comes to personal injury litigation, these two types of cases and how they're handled—are often worlds apart. Some of the most significant ways that truck accident cases differ from car crash cases include:

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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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Injured on Someone's Property

Posted In Slip and Fall

Accidents happen — you might slip and fall or trip over something and end up on the ground. While you might be able to get back up and walk away unharmed, accidents can often lead to more severe injuries, and in some instances, even result in death. In 2016, more than 39 million people visited a physician's office due to accidental injuries, and more than 29 million ended up in the emergency department for the same reason. In total, 169,936 people in the U.S. died from unintentional injuries in 2017 — making it the third leading cause of death. While some people suffered injuries at home, others were on someone else's property. If you or a family member got injured on someone's property, you could take action. More ›

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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 ›

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My workers' compensation claim was denied, what now?

For injured workers, having a workers' compensation claim denied can be confusing, frustrating, and maybe even a little bit scary. Fortunately, a denied claim is not the end of the road for workers seeking compensation for injuries sustained in the workplace. Delaware's workers' compensation laws give claimants multiple opportunities to appeal if their claim is denied.

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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 ›

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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 ›

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Why was my workers' compensation claim denied?

People injured on the job in Delaware may be eligible for workers' compensation benefits such as coverage for medical expenses, and temporary partial or total disability payments. However, not all workers' compensation claims are approved. Read on to learn some of the most common reasons insurance companies give for denying workers' compensation claims, as well as how an attorney can help injured workers fight for the benefits they need and deserve. More ›

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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 ›

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