Wilmington Personal Injury Lawyer

    Sadly, a serious injury can happen anywhere at any time. If your pain was caused by someone else, such as a negligent driver, medical professional, landowner, or even pet owner, you may have legal options for seeking compensation. However, pursuing civil litigation can be difficult without help from an experienced attorney.

    By retaining a Wilmington personal injury lawyer, you could strengthen your case and significantly reduce the stress you have to go through in order to get the recovery you deserve. The legal team at Doroshow, Pasquale, Krawitz, and Bhaya can help you hold the negligent party accountable for your losses and offer crucial guidance throughout the process.

    The Basics of a Personal Injury Claim

    Most personal injury cases in Delaware are based on the theory of legal negligence. Simply put, a person is “negligent”—and therefore financially liable for damages—when they:

    • Owe someone else a duty of care
    • Do something reckless or careless to breach that duty
    • Cause an accident through their breach of duty that directly results in compensable losses

    To recover compensation, an injured victim and their legal counsel must provide significant evidence of the elements listed above. A Wilmington personal injury attorney could further explain what types of evidence may be appropriate for the particular circumstances.

    Evidence in Wilmington Personal Injury Cases

    Regardless of the circumstances of the incident, a civil plaintiff and their lawyer may need to provide significant documentary, forensic, and testimonial evidence to win their case. A skilled local attorney can help to gather various forms of evidence for a personal injury case, such as:

    • Police reports
    • Camera footage
    • Eyewitness reports
    • Input from expert witnesses

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    Legal Roadblocks for Civil Injury Claims

    Without seasoned legal counsel, it can be difficult to navigate various challenges in a personal injury case, such as Delaware’s modified comparative negligence laws. Under this system, a plaintiff found partially responsible for their own injuries will have their final damage award reduced by their percentage of fault. They could even be barred from recovering anything at all if they are 50 percent or more at fault. For this reason, defendants often try to blame victims for their own injuries to avoid liability.

    Another potential challenge in a personal injury case is the filing deadline. As per Delaware Code Title 10, §8119, a personal injury claim must be filed within two years of the incident or the date when the plaintiff discovered their injuries. If a victim does not follow this statute of limitations, their case may be dismissed in court. To protect one’s right to pursue recovery and hold the negligent person accountable, it is crucial to work with a knowledgeable attorney for any Wilmington personal injury claims.

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    Contact a Wilmington Personal Injury Attorney Today

    The outcome of a civil claim can impact your ability to physically, emotionally, and financially recover from your ordeal. Before pursuing a lawsuit or settlement demand, consult a Wilmington personal injury lawyer to help build the strongest possible case. Civil litigation is often a difficult process, but the lawyers at Doroshow, Pasquale, Krawitz, and Bhaya are skilled at securing positive outcomes on behalf of injured victims. Call us today to discuss your circumstances.

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