Car Accidents

$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

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

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.

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.

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

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.

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.

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.

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.

Most car accident victims would benefit from hiring a lawyer. A good personal injury lawyer can explain your legal rights and also give you practical, strategic advice about your case. A lawyer will deal with the insurance company for you and will handle all of the administrative and procedural work that is required in a car accident case. Ultimately, victims who have legal representation usually are more fairly compensated than unrepresented victims.

It is a good idea to consult with a lawyer promptly after a car accident. The other driver’s insurance company will not waste time getting to work to reduce their financial exposure. Most lawyers, including our attorneys at Morris James, offer a free initial case evaluation so you can find out more about your rights and your options.

If you have been hurt in a car accident, you should seek medical attention immediately. Call 911 to alert the police and, if necessary, call an ambulance. If your injuries are less severe, you should still get medical attention, both for your own recovery and to document your injuries. You should also document the evidence at the scene by taking photos or video, exchange insurance details with the other driver, and get contact details for witnesses. You should NOT admit fault.

Contact your insurance company to report the accident and find out about coverage on your own policy, particularly in Delaware where you are required to have personal injury protection insurance (PIP) coverage for injury-related expenses. Contact a lawyer to discuss your rights and ensure you get the compensation you deserve from your insurance company and the other driver’s insurance company.

If you were involved in a rideshare accident either as a passenger in the rideshare vehicle or as an occupant of another vehicle, you generally seek compensation from the insurance company of the at-fault driver. If the at-fault driver is the rideshare driver, the situation can be more complicated because most rideshare drivers are not covered by their personal insurance policy when the vehicle is being used for commercial purposes. However, many rideshare companies, including Uber® and Lyft®, now offer liability insurance to their drivers which provides limited coverage for injuries and damage in the event of an accident. The amount of coverage usually depends on whether the accident happens when the rideshare driver is waiting for, picking up, or transporting a passenger, and the claim must first be denied by the rideshare driver’s personal insurance.

If you are injured in a car accident with a drunk driver, call 911 immediately. This will alert the police (which is a legal requirement in the event of an accident with an intoxicated driver in Delaware) and call an ambulance, if necessary. If you do not require an ambulance, you should still seek professional medical attention for your injuries. A medical report and the police report will be important evidence in your claim. You should also document other evidence at the scene by taking photos or video, and collect contact details for witnesses.

A drunk driving accident will often lead to both a criminal case and a civil case/insurance claim. These are completely separate and distinct, though evidence from the criminal case will be relevant to the civil case/insurance claim. The criminal case deals with the prosecution of the driver for driving under the influence of alcohol and will not compensate you for your injuries. The civil case/insurance claim is to compensate you for your loss as a result of the accident.

A car is “totaled” or considered a “total loss” when it cannot be repaired, or the cost of the repairs would exceed the value of the car. Some states have a specific total loss threshold that defines when an insurer must legally declare a car totaled and apply for a salvage title. In Delaware, a total loss formula is typically used which determines that a car is a total loss when the sum of the cost of repairs exceeds 80% of the car’s actual cash value amount.

Texting while driving is illegal for drivers of all ages in Delaware and carries a fine of $100 for a first offense and up to $300 for a second offense. Drivers in Delaware are also banned from using any handheld cellphone or other portable device while driving.

The purpose of this law is to punish the distracted driver, not to compensate the victims of an accident. If you are hit by someone who was texting while driving, you are entitled to file a personal injury claim for compensation for your injuries and losses, such as medical bills, lost wages, and pain and suffering.

Yes. If you are a victim of a car accident, you can still file a personal injury claim for your injuries and other losses even if you were not wearing a seat belt at the time of the accident. In Delaware, your failure to wear a seat belt cannot be used to reduce your compensation in a civil trial or insurance claim adjudication.

If you have to miss work as a result of your injuries from a car accident, your lost wages will typically be covered initially by your auto insurance policy, and when your coverage is exhausted, the insurance of the at-fault driver can be pursued. You will have to file a claim for and prove, these damages just as you would for your medical bills or damage to your vehicle.

If you are injured in a car accident with someone who does not have auto insurance, you should contact your own insurance company to find out if your policy includes uninsured motorist (UM) coverage. In Delaware, personal injury protection insurance (PIP) coverage of at least $15,000 per person and $30,000 for an accident is mandatory and will cover injury-related expenses up to the policy limits. It will not cover pain and suffering, or damage to your vehicle. However, that is why it is important to make sure your policy includes UM coverage, which will cover pain and suffering and vehicle damage. The minimum UM coverage offered in Delaware is $25,000 per person and $50,000 for the accident. UM coverage is not mandatory.

In Delaware, any driver involved in a motor vehicle accident is required to report the accident to the police if it results in injury; happens on a public highway; causes at least $500 of property; or involves an intoxicated driver.

If you are hurt in a hit and run, you must call 911 to alert the police and call an ambulance, if necessary. Your health and safety come first, and you should seek medical attention for your injuries. You should also gather evidence from the scene, if possible, including photos, videos, and contact details for witnesses. You should then contact your auto insurance company. As a Delaware-insured driver, your policy will include personal injury protection (PIP) coverage for your medical bills and wage loss. Hopefully, your policy also includes uninsured motorist (UM) coverage which will cover pain and suffering and vehicle damage. In Delaware, such personal injury protection coverage is mandatory. If the hit-and-run driver is identified, you would also be able to pursue a claim against them or their insurance company.

If you are injured in an automobile accident as a passenger, your personal auto insurance does not have to be involved. You will likely file a claim on the insurance policy of the driver of the vehicle that you were in. Some states, including Delaware, require that drivers have personal injury protection (PIP) insurance coverage on their auto insurance policy. This should cover your injury-related medical expenses and lost wages (up to the policy limits.) If another driver was at fault in the accident, you may be able to file a claim with their insurance company for your injuries. Finally, in the event you are seriously injured, your own policy may provide coverage for your injuries once the applicable coverages of the involved drivers are exhausted.

Yes. You need a lawyer for the same reasons as any car accident victim because the other driver, or their insurance company, is unlikely to admit their fault. You will still need to file a claim, prove their fault, and fight for the compensation that you deserve. Even in a “no-doubt liability” case, where there appears to be no doubt that the other driver was at fault (e.g. DUI, rear-end, or T-bone), the other driver may argue facts to show that he was not at fault or that you were also at fault which, in Delaware, can reduce your compensation.

The amount of compensation for pain and suffering in a car accident will depend on the individual circumstances of your case, your injuries, and your unique pain and suffering. A reputable car accident lawyer will be willing to discuss the strength of your case and the settlements that they have achieved in the past, however, no lawyer can, or should, make any guarantee about the success of your case or the amount of compensation you will be awarded.

It is never too late to get a lawyer for a car accident. Although there are time limits for bringing legal claims, these differ depending on factors such as the type of claim, the circumstances of the accident and injuries, and where the accident occurred. It is important to consult with a lawyer about the time limits that apply to you and your accident. Injured victims sometimes miss out on getting the compensation that they need and deserve after a car accident because they rely on incorrect information about their legal rights. Because it can be too late to get a lawyer if a legal deadline has passed, it is better to operate under the assumption that it is never too soon to obtain a lawyer.

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In Delaware, drivers are required to have Personal Injury Protection (PIP) insurance coverage, which will compensate you for medical bills and lost wages (up to your coverage limits) after an accident but will not cover your pain and suffering. In order to get compensation for your pain and suffering, you will have to pursue a claim against the at-fault driver (who will usually be covered by their own auto insurance policy.) Should the at-fault driver’s coverage not be sufficient to cover your losses, you may pursue a claim for underinsured motorist (UIM) coverage under your own policy (assuming you did not decline this coverage).

Under Delaware's Personal Injury Protection (PIP) laws, passengers are covered by the car insurance of the driver of their vehicle, regardless of whether or not the driver was at fault. In Delaware, a driver’s PIP insurance must provide coverage of at least $15,000. If your damages exceed the driver’s PIP coverage, you may be able to claim the excess on your own insurance policy or from the at-fault driver.

Yes. In Delaware, bodily injury coverage applies to passengers in your vehicle with minimum required coverage of $25,000 per person and $50,000 per accident. Many insurance companies will encourage higher coverage levels. However, typically, an injured passenger will look first to their driver’s Personal Injury Protection coverage for payment of medical bills as a result of an accident, and if their driver is at fault for the accident, then the injured passenger may pursue their driver’s bodily injury coverage.

If you were a passenger in a car accident, you have rights. In Delaware, an injured passenger in a car accident usually makes a Personal Injury Protection (PIP) claim under the car insurance policy of the car the passenger was in, per 21 Delaware Code Section 2118(a)(2)(c). This means that if you are riding in your friend's car, and you are hurt in a car accident, you'll make a claim under their car insurance policy to pay your medical bills or cover lost wages. If your losses are greater than the PIP coverage, you may be able to claim the excess losses on your own insurance policy or from another driver at fault in the accident.

Many car accident lawyers, including our attorneys at Morris James, work on a contingency fee basis. This means that we do not charge for our fees and services unless we obtain a settlement or verdict for our clients. On a contingency fee basis, lawyers’ fees are calculated as a percentage of your final settlement or award.

No two car accident claims are the same. Some claims may settle in as little as a few weeks or months. Other cases may require the filing of a lawsuit which may take well over a year to resolve. An experienced personal injury lawyer like the lawyers at Morris James can advise you on your individual case. However, no lawyer will be able to predict the course or outcome of any car accident case with 100% certainty.

If you are in an accident while driving a company vehicle, you will typically be covered by the company’s commercial insurance policy. If you have injuries or other losses from the accident, you should consult an attorney to discuss your legal rights and options, since the company is not going to pursue a claim on your behalf.

If you were in an accident while driving for work, it is advisable to consult a lawyer to ensure that you are protected and get all the compensation that you deserve. In this situation, you may be entitled to compensation through workers’ compensation or via a personal injury claim for any injuries that you suffer. The type of claim will affect the type of compensation that you receive.

If you are at fault for the accident, your employer will typically be liable (and carry insurance) for any damage caused because the accident occurred while you were driving for work. However, in some circumstances, an employee can be held personally liable. You should consult an attorney if you are in this situation.

If you are injured in an auto accident in Delaware, a Delaware lawyer is best positioned to help you navigate the applicable laws and relevant local authorities in Delaware. Morris James attorneys have years of experience handling multi-jurisdictional car accident cases where the parties involved are from different states and can advise you on the best course of action for you.

Auto accidents often involve people from multiple states, perhaps all outside the state in which the accident occurred. An experienced car accident attorney, such as the team at Morris James, is accustomed to dealing with multi-jurisdictional matters, and will advise you on where you can, and should sue. This can affect the timing and success of your claim, and the amount of compensation that you are entitled to receive, therefore good legal advice is essential.