Delaware Car Accident Lawyer

Have you recently been the victim of a motor vehicle accident? Do you need help getting the costs of your injuries covered by the person responsible for your damages? If so, reach out to a qualified Delaware car crash lawyer today.

Auto crashes are some of the most traumatizing accidents a person can experience. Often, survivors will suffer catastrophic injuries and have to deal with a recovery process that can take a significant amount of time. As if that wasn’t difficult enough, if you are unable to work, you could be facing another dilemma: how to support yourself without an income.

Fortunately, with the assistance of a Delaware car accident lawyer at Barros, McNamara, Malkiewicz & Taylor, you can have the peace of mind that there is someone on your side making sure the person who has flipped your life upside-down will be held accountable for the damage he or she has done.

Who’s to Blame in Your Delaware Car Crash?

It’s easy to assume that the driver of the other vehicle involved in your accident is responsible for the collision. Poor driving practices, such as driving aggressively, distracted driving, fatigued driving, or operating the vehicle while under the influence of drugs or alcohol, are often involved in Delaware car accidents.

But the driver isn’t the only party who could have culpability in the collision. Government road authorities are responsible for maintaining the integrity of the roadways to ensure the safety of travelers across the state. When fallen debris, improperly secured road construction zones, missing street signs, or too-deep potholes cause an accident, a government body can be found liable.

In addition, the technician who performed work on your vehicle or the other vehicle involved, as well as the manufacturer of the parts used on the car, could be held accountable for the damages if they didn’t inform you of a recalled part or installed defective parts.

Sometimes, the cause of the collision can be a combination of the aforementioned parties, in which case we will be sure to name each and every party as a defendant in your personal injury claim. This will help ensure that you are able to obtain maximum compensation to cover your losses.

Understanding No-Fault Auto Insurance

Delaware operates under a “no-fault” auto insurance system. Put simply, this means that car accident victims must first go through their own insurance policy for compensation. In this system, fault doesn’t always matter—your insurer should cover you regardless of fault for the crash.

However, Delaware car accident victims can file a personal injury claim to recover compensation outside the no-fault system if their injuries are particularly serious. If you believe you deserve more compensation than the no-fault system will provide, talk to an attorney at our firm about filing a personal injury claim as soon as you can.

The Insurance Company and Your Delaware Auto Injury Claim

It’s surprising how easily insurance companies are able to trick drivers into thinking that they are going to be on their side in the event of an auto accident. Unfortunately, nothing could be further from the truth. Insurers have one thing in mind when handling your claim: how they can reduce the amount they’ll be required to pay you.

Insurers work in a for-profit industry. Paying on claims reduces their profit margins. This is something every insurance adjuster is hoping to avoid. Because the state of Delaware uses modified comparative negligence laws to determine fault, the insurance company is going to do anything and everything it can to make you seem more at fault than you actually are if you file an injury claim.

Insurers will often take well-intentioned statements given by injury victims and twist their words to make it seem as though the victim admitted fault somewhere along the line. Negligence law states that you are able to recover damages even if you are partially responsible for the accident, but you can only hold up to 50 percent of the blame.

If the insurance company or negligent party can place your level of blame at over 50 percent, they won’t be required to cover any of your losses. Having a Delaware car wreck attorney by your side can help protect you from the unwarranted blame the other side will try to throw at you.

Recovering Your Losses

The damages you could suffer in a car accident are quite extensive. The person found liable for said damages will need to cover each of the expenses and losses you endured as a result of these injuries. Some of the most frequently sought damages in Delaware auto crash claims are as follows:

  • Pain and suffering
  • Lost wages
  • Loss of future earning potential
  • Hospital bills
  • Prescription medications
  • Medical equipment
  • Transportation costs to and from doctor visits
  • Copays
  • Physical therapy
  • Loss of consortium
  • Vehicle replacement or repair
  • Loss of enjoyment of life
  • Emotional distress

In rare cases, the court may decide that the behavior of the defendants was particularly egregious and make an example of them by making them pay you punitive damages in addition to your compensatory damages.

Your attorney will be able to give you a realistic idea of the value of your claim after assessing the impact of each of these areas. Generally, the more serious your injuries are, the greater your compensation award will be.

Delaware Car Accident FAQ

Although there are countless car accidents across the state each month, few people know what to expect after they’re involved in an auto crash. Below, we have provided answers to some of the most common questions our clients had about their car accident claims.

Should I accept the insurer’s first offer?

In general, you should not accept the insurance company’s initial settlement offer without first consulting an attorney who has experience dealing with car insurance claims. An insurer will make a swift offer on a claim when it knows your claim is worth much more and is hoping to avoid paying what you’re entitled to by tempting you with quick cash.

How expensive is an attorney?

Working with a lawyer is much more cost-effective than most people think. For personal injury cases, our attorneys work on a contingency fee, which means we set up an agreed-upon percentage of your winnings as payment for our services. In exchange, you aren’t required to pay anything unless or until we resolve your case with a victory.

What if I was in a single-car crash?

You might assume that there is no one to hold accountable for a single-car crash except yourself. That’s an assumption that could leave you empty-handed when you actually deserve substantial compensation. For instance, if your car malfunctioned and caused your crash, you could hold the auto manufacturer accountable. Speak to a Delaware auto collision lawyer about your single-vehicle wreck.

Call a Delaware Car Accident Attorney

Being forced to endure the repercussions of an injury you suffered in an auto accident that was someone else’s fault is simply unacceptable. By reaching out to an experienced lawyer with Barros, McNamara, Malkiewicz & Taylor, you’re taking the first important steps in making sure the liable party pays for your damages.

A Delaware car accident lawyer from our firm will conduct a thorough investigation to determine who’s at fault and how much compensation you can expect. Schedule your free, no-obligation claim evaluation today by giving us a call at 302-734-8400 or filling out the contact form at the bottom of this page.