Dover Personal Injury Lawyer

Are you facing a difficult recovery after being injured in an accident caused by the carelessness of someone else? If you need help seeking compensation for what you’ve been through, speak with a Dover injury lawyer who can get you what you’re owed.

Severe injuries typically lead to a challenging recovery period. For this reason, most victims are at least temporarily unable to work. This loss of income can have devastating consequences for victims—how can they expect to support their standard of living without the income they rely on so heavily?

Burdens like these shouldn’t be on your shoulders while dealing with the repercussions of your involvement in an accident that was someone else’s fault. With a Dover personal injury lawyer from Barros, McNamara, Malkiewicz & Taylor on your side, you can rest assured that the culpable party will held financially accountable for his or her negligent actions.

Accidents That Spark Dover Personal Injury Claims

You are probably wondering whether the accident you were involved in warrants a Dover personal injury claim. The good news is that it probably does—as long as someone else was at fault. Injury claims are designed to help those whose accidents are directly caused by the negligence of another. Some common qualifying accidents include the following:

• Motor Vehicle Accidents – These occur when a bus, car, motorcycle, tractor-trailer, or other vehicle strikes another vehicle or is involved in a single-vehicle crash.
• Medical Malpractice – In a medical malpractice claim, a caregiver, such as a nurse, physician, or surgeon, has been negligent in his or her care of a patient. Examples of these errors include providing an improper dose of medication or misdiagnosing a patient.
• Product Liability – Here, a product is defective and malfunctions, which in turn causes the consumer to suffer injuries. With defective products, each level in the chain of distribution should have played a role in preventing the injury from happening by detecting the defective product before it hit store shelves.
• Nursing Home Abuse – When your elderly relative is being taken advantage of financially or suffering from physical or emotional abuse or neglect, the responsible caregiver should be brought to justice for his or her wrongdoing. You can seek justice in civil court.

Many other types of accidents could make you eligible for a personal injury lawsuit, including premises liability claims and attacks by canines. Reach out to a knowledgeable injury attorney in Dover to see whether the accident you were involved in qualifies.

Establishing Blame

Delaware uses modified comparative negligence laws to establish fault. This means you can be up to 50 percent at fault for your accident and still recover damages. But once you exceed 50 percent, you will no longer be able to seek compensation for your damages and could even end up as the defendant in the other involved parties’ claims if they have filed them.

In a case where a judge has assigned you a percentage of blame at 40 percent, your awarded compensation will be reduced by 40 percent. So if you were awarded a sum of $100,000, you would take home $60,000 after the deduction. This rule alone can drastically reduce your compensation, which is why many victims work with a personal injury lawyer in Dover.

Dealing with the Insurance Company

As a rule, you can expect that any dealings with the insurance company are not going to be easy. Although adjusters may seem to be on your side, it’s important to keep in mind that they have prioritized their company’s interests above your own. Giving them a statement or being overly polite can actually work against you because the insurer will try to manipulate your words against you.

If the insurer is able to establish that you hold some of the blame for your accident, it may not be obligated to pay you as much—or anything at all. Choosing a Dover injury attorney who has experience dealing with these unscrupulous tactics can boost your chance of success.

Secure Full Compensation

How much you can expect to be awarded will depend on how severe your injuries are and how impactful they might be on your life both now and in the future. Injury victims generally don’t have a firm understanding of the value of their claim, but the ultimate goal is to secure enough compensation to make you whole again.

Economic damages are usually the first to be calculated. They often include damages to your future earnings, your lost wages while you are out of work, and your medical expenses in their entirety. Because the cost of healthcare is so high, it is critical that we include each medical expense so you don’t see an unexpected bill down the road.

Equally as important are those losses that aren’t financial in nature, commonly known as non-economic damages. Hardships like pain and suffering, emotional distress, loss of consortium, and the loss of enjoyment of life can have a much more devastating impact than those that affect your financial status and should be considered accordingly.

In some cases, when the court determines that the defendant’s behavior was particularly malicious or egregiously negligent, you may be awarded punitive damages as a way to punish the liable party. If you’re awarded punitive damages, you can expect the sum of your award to be raised dramatically. Your injury attorney in Dover can help you maximize your compensation in every way possible.

Dover Personal Injury FAQ

Because there are so many rules, details, and accident types, our clients have had many questions about what they should expect throughout the Dover personal injury claim process. For this reason, we have included a few of the most frequently asked questions—and their answers—below.

How long do I have to file my claim?

You will have three years from the date the accident occurred or from the date that you were diagnosed with an injury stemming from the accident to file your claim within Delaware’s statute of limitations.

If I file a claim, will I have to go to court?

We may be able to avoid going to court if we can negotiate with the insurance company or negligent party to secure a fair and reasonable settlement. But if the other side refuses to meet our needs, having your claim heard by a judge and jury could actually work in your favor, as they won’t be prioritizing the profits of the insurer above the needs of the victim.

How will I pay for an attorney?

At Barros, McNamara, Malkiewicz & Taylor, we allow our clients to pay us through an attorney contingency fee. That means your payment will be a percentage of your winnings. That way, if we aren’t successful in your case, you won’t be expected to pay anything.

Connect with a Dover Personal Injury Attorney

If you have suffered a severe injury in an accident that could have been prevented if the liable party hadn’t been negligent, you are entitled to full compensation for all you’ve been through. Why should you be expected to cover these costs when, if it weren’t for the defendant, you wouldn’t have these expenses in the first place?

Speak with an experienced Dover personal injury lawyer at Barros, McNamara, Malkiewicz & Taylor for help securing maximum compensation. Fill out the convenient contact form we have provided below or give us a call at 302-734-8400 to schedule your no-cost, no-obligation consultation today.