Delaware Personal Injury Lawyer

Being hurt in an accident that was someone else’s fault can have devastating effects on your life for years to come. If you are ready to reclaim your life, speak with a Delaware injury lawyer who can help you get the compensation you deserve.

With a serious injury comes a substantial recovery process that can render a victim unable to work for a significant period of time. This inability to work can wreak havoc on injury victims’ lives as they become unsure of how they will continue to support themselves without the income they rely on.

These are hardships you shouldn’t have to endure when you’re already dealing with the consequences of an injury. Your Delaware personal injury lawyer with Barros, McNamara, Malkiewicz & Taylor will fight hard to ensure that the person liable for your injuries is responsible for covering the costs you’re facing.

Accidents That Apply Under Delaware Law

Many accidents can be the subject of a Delaware personal injury claim. Nearly any type of accident involving the irresponsible decisions or behavior of another party can be grounds for a claim. Some of the types of claims we commonly handle include the following:

  • Medical Malpractice In this type of claim, a medical professional like a surgeon, nurse, or physician has made a serious medical mistake, such as misdiagnosis or an improper prescription, and harmed a patient.
  • Motor Vehicle Accidents When a car, tractor-trailer, bus, motorcycle, or bicycle is involved in a collision with another vehicle or in a single-vehicle crash, the accident can be examined to determine whether a personal injury claim is appropriate for the injured victim.
  • Workplace Accidents – Accidents that occur at work because of a third party other than the victim’s employer may warrant personal injury compensation.
  • Product Liability – In a defective product case, an item has malfunctioned and caused serious injury to a consumer. Anyone involved in the chain of distribution of the product can be held liable for the part he or she played in failing to prevent the defect that caused the injury.

These are just a few of the kinds of accidents we see on a regular basis. To see if the incident you were involved in is worthy of a personal injury claim, contact a qualified injury attorney at our firm.

How Fault Works in Delaware Personal Injury Cases

In determining negligence, Delaware operates under comparative negligence laws. If you are found to be at fault—up to 50 percent—you are still able to recover your losses, but the awarded amount will be reduced by the percentage of fault you carry.

If your level of fault exceeds 50 percent, you will be barred from recovery and could even find yourself the subject of a personal injury claim by the other party if he or she suffered an injury, as well.

For example, let’s say you are awarded $250,000 but are found to be 25 percent at fault for the accident. This means your award of $250,000 will be reduced by 25 percent, and you will walk away with $187,500.

What to Expect from the Insurance Company

In dealing with the insurance company after an accident in Delaware, one thing is certain: The insurer is not on your side. Insurance adjusters’ goal is to minimize the amount they’ll need to pay on a claim, whether you are their policyholder or not.

If this means placing unwarranted blame on you or smearing your name in an attempt to make you look more at fault than you are, you can expect them to do so. Working with a personal injury attorney in Delaware can help ensure that money-hungry insurance companies aren’t able to take advantage of you in your time of need.

Obtaining Maximum Compensation for Your Losses

The amount you’ll be able to receive in your case will depend heavily on the severity of your injuries and the impact they have had and may continue to have on your life. Many Delaware injury victims aren’t sure of how much their claim is actually worth. The breakdown is relatively simple, as the idea is to “cure” your losses.

To begin, we will examine monetary considerations, such as your lost wages, damage to your future earning potential (which could include contributions to your 401K, bonuses, and raises to your annual salary), and the full extent of your medical costs. Medical care in the United States is expensive, so it will be crucial that you aren’t responsible for any bills related to your treatment or recovery.

Your non-economic damages, such as the loss of enjoyment of life, effects on the relationships with your family and friends, pain and suffering, mental anguish, and the impact of a permanently disfiguring injury, are just as impactful—if not more impactful—than financial damages and should be weighed as such in the calculation of your claim’s value.

Additionally, the court might make the determination that your case warrants an award of punitive damages. These are meant to punish the wrongdoer by making an example of him or her and hopefully discouraging others from behaving similarly. These are not awarded lightly and will only be given in the event that the defendant was particularly malicious or egregiously negligent.

Delaware Personal Injury FAQ

Because there are so many different types of accidents that can warrant a personal injury claim in Delaware, our clients often have many questions regarding how the claim process works. That’s why we’ve taken the time to compile a few of the questions we are most commonly asked below.

How long do I have to file a claim?

The statute of limitations for filing a personal injury claim in Delaware is two years from the date the accident occurred or three years from the date of diagnosis of an injury that directly relates to the accident you were in.

Will I need to go to court?

It’s very possible that we will be able to avoid going to court if we are successfully able to negotiate with the other side. However, if the insurer or defendant remains rigid in the decision to deny you fair compensation, our best option may be to move forward with a trial to secure full compensation for the damages you’ve suffered.

If I can’t afford to hire an attorney, what are my options?

At Barros, McNamara, Malkiewicz & Taylor, we work with our clients on an attorney contingency fee basis. This means you will not need to pay your attorney unless or until we win your case. Then, the previously agreed-upon percentage of your winnings will be deducted from your award so you will never have to worry about making a payment once your claim is resolved.

Contact a Delaware Personal Injury Attorney

When you’re injured in an accident that could have been prevented if it hadn’t been for someone else’s negligence, you have a right to seek compensation for your suffering. You should never be burdened by financial woes while you are still recovering from your injuries.

Get in touch with a qualified Delaware personal injury lawyer at Barros, McNamara, Malkiewicz & Taylor to help ensure that you receive the maximum compensation possible for your case. You can schedule a no-cost consultation today if you call us directly at 302-734-8400 or fill out the convenient contact form at the bottom of this page.