Car Accidents

Why File an Auto Accident Lawsuit in Delaware?

In Delaware, accident victims have the right to hold those responsible for their injuries accountable. When another person’s negligence on the road causes injury you may pursue compensation to cover a number of financial issues, including:

• Medical expenses

• Lost income

• Future medical costs

• Pain and Suffering

• Permanent Injury

• Disfigurement

• Wrongful Death

When Do I Need to File My Car Accident Case in Delaware?

Every state sets deadlines for pursuing a lawsuit against the person responsible for an accident and injuries. This time limit is known as a statute of limitations. Delaware law states that you have two years from the date of the accident to pursue legal action for personal injury and property damage.

For victims who were involved in accidents with government entities, such as someone involved in a traffic accident with a city bus, the deadlines may be different. Every government division has its own set of rules, but a skilled car accident attorney can help investigate the situation and determine when to take action.

If you miss the deadline and attempt to file a claim after the statute of limitations has run out, the court will refuse to hear your case. Though there are exceptions, it is important to start the process as soon as possible to ensure your voice is heard.

Additionally, insurance companies have their own deadlines for submitting claims, so you should investigate the details of their policies as soon as possible after an accident.

Why Do I Need a Delaware Car Accident Lawyer to Pursue an Insurance Claim?

Car accident cases can quickly become complicated, and Delaware auto accident compensation can be affected by many factors. One significant factor is the type of auto insurance. Delaware drivers can elect to carry varying degrees of insurance, covering bodily injury, property damage, and personal injury protection. While the state does set minimums, situations arise where the cost of serious injuries can exceed the protection of the driver’s insurance.

Additionally, the law takes into account the severity of the injury when determining compensation. Common injuries include brain and spinal cord injuries, broken bones, burns, amputations, pregnancy complications, and death. Proper care can require many doctor appointments, multiple medications, lengthy rehabilitation, and serious financial limitations. Generally, the more serious the injury, the more compensation is awarded. Our skilled attorneys have extensive experience securing damages for accident victims in complex auto accident cases.

What Types of Auto Accident Cases Does Our Delaware Law Firm Handle?

There are many types of auto accidents that can result in serious injuries and damages for the victim. While our legal team is prepared to handle any accident case, some of the most common traffic crash cases that we handle include:

• Rear-end crashes

• T-bone crashes

• Rollover crashes

• Head-on collisions

• Pedestrian accidents

• Bicycle accidents

What is Delaware’s Modified Comparative Fault? 

One important factor in deciding whether or not to pursue a personal injury lawsuit in Delaware is the state’s rules about fault. Delaware is what is known as a comparative negligence state. This means that the potential negligence of all drivers is considered.

A driver that holds more than 50 percent of the blame is barred from pursuing any compensation. A driver that is less than 50% responsible, may pursue a claim against the other party, but any compensation awarded will be reduced by that driver’s percentage of fault. For example, if one driver disregards the rules of right of way at an intersection and turns into an oncoming car that was speeding, both drivers may be partially responsible. If the court rules that the speeding driver was 15% responsible and the turning driver was 85% at fault, the speeding driver’s compensation could be reduced by 15%.

A skilled and knowledgeable attorney can help you understand the state’s fault rules and prepare a comprehensive case to support your claims for compensation.

What if I Have a Car Accident While I Am Driving Another Person’s Car?

If you are driving someone else’s car, you may still be able to obtain compensation to cover any injuries or property loss that occurred in a traffic accident. Permissive use covers anyone a vehicle owner gives permission to drive that vehicle. Though it is not commonly known, auto insurance in Delaware follows the car, not the driver. The car is still covered by insurance in most cases.

Do I Have to Go To Trial If I Bring an Auto Accident Claim?

Our Delaware car accident attorneys are skilled litigators. They also understand that going to court isn't always the best way to settle a case. Sometimes the most favorable, and often faster, results come from face-to-face negotiations or mediation. You and your attorney should pursue the solution that will be most favorable to you in the end.

We conduct a thorough investigation into the circumstances of each case. We examine evidence such as medical bills, police reports, and insurance claims to make sure we know everything about the situation. Our top priority as your car accident lawyer in Delaware is securing a satisfactory solution for you.

How Can a Delaware Car Accident Lawyer Help Me?

You should not have to suffer without recourse because of someone else’s negligence. Many car accident victims face long-term health problems, mounting medical bills, emotional scarring, and a reduced ability to earn income. Morris James’ lawyers understand the serious consequences an accident can hold for you and your family, and we know what it takes to win these cases and secure the compensation that is desperately needed. 

In car accident cases, insurance companies and opposing parties will often do whatever they can to protect their own interests, regardless of the severity of your injuries or the truth. Our car accident lawyers work hard to investigate the accident circumstances, gather evidence, prepare a thorough argument, and present a cohesive, comprehensive case. We will not be bullied or intimidated by a large insurance corporation into accepting less than our client deserves.

More Car Accident FAQs

• $2.2 million settlement: a man who, while in the course and scope of his employment, lost both legs when struck on the side of the road by a truck driver
• $2.1 million settlement: Navy SEAL struck by a driver who left the roadway, causing serious injuries to his legs
• $875,000 settlement: bicyclist who injured an eye when struck by a teenage car driver
• $850,000 settlement: young lady injured her shoulder in a multi-car accident which resulted in surgery, lost earnings, and medical expenses
• $615,000 settlement: 47-year-old man struck by a car while changing a tire, resulting in a significant arm injury
• $500,000 settlement: wrongful death claim where the defendant crossed the center line, killing the mother of 5 adult children
• $445,000 settlement: 60-year-old tractor-trailer driver rear-ended by another tractor-trailer, resulting in neck and back surgeries
• $350,000 settlement: 44-year-old woman who suffered orthopedic injuries resulting in surgery as a result of a motor vehicle accident
• $297,500 settlement: policy limits wrongful death settlement arising out of a motor vehicle accident
• $250,000 settlement: 51-year-old man who suffered a neck injury requiring surgery as a result of a motor vehicle accident
• $220,000 settlement: 46-year-old female cafeteria worker, injured low back lifting a tray of juice and subsequently diagnosed with failed back syndrome
• $205,000 settlement: 32-year-old male maintenance worker sustained low back injury while moving a trash dumpster, requiring multiple surgeries
• $164,990 settlement: 49-year-old male bus driver sustained low back and knee injuries when the bus hit a deep pothole, resulting in knee replacement surgery
• $125,000 settlement: 66-year-old woman who suffered an eye injury as a result of a trip and fall at a retail store
• $90,000 jury verdict: 44-year-old man rear-ended in an automobile accident resulting in muscular injuries and an elbow nerve injury