Injuries can be devastating, especially when they are caused by someone else’s reckless or careless behavior. After a dangerous incident, you may be dealing with expensive medical bills on top of lost work income, personal property damage, physical pain, and emotional anguish. However, if you can prove that your suffering was caused by another person’s negligence, you could hold that party financially liable for all your ensuing damages.
Successful civil litigation requires dedicated legal representation from an experienced attorney. At Doroshow, Pasquale, Krawitz, and Bhaya, our team can help you collect evidence of fault, document the full value of your losses, and fight for fair compensation on your behalf. To effectively navigate the legal system, work with a Bear personal injury lawyer on your claim for restitution.
Negligence in Personal Injury Claims
Most personal injury lawsuits or settlement demands focus on a legal concept called “negligence.” This essentially allows an injured victim to hold someone accountable for the consequences of their actions even if they did not intend to cause someone else harm. For a court to hold a defendant liable for an incident, the injured plaintiff must be able to prove that all the following elements of negligence apply to their situation:
- The defendant had an implicit or explicit duty of care to act reasonably toward the plaintiff
- The defendant did something that constituted a violation of their duty
- The defendant’s irresponsible action(s) directly caused a dangerous incident
- The incident directly caused all the losses for which the plaintiff seeks compensation
Common Personal Injury Incidents in Bear
The most common type of incident that justifies litigation is a motor vehicle collision. However, our skilled personal injury attorneys in the community have also handled claims involving the following scenarios:
- Medical negligence
- Hazardous property incidents
- Injuries from defective consumer products
- Attacks by domesticated animals
Potential Difficulties for Civil Recovery
Importantly, the defendant(s) named in a civil lawsuit or settlement demand are not the only parties who could be found at fault for the incident in question. If an injured plaintiff contributed to their own injuries by acting negligently, their “comparative negligence” could result in a proportional reduction of their final damage award. If they are found more than 50 percent to blame, they could lose their right to recover any compensation at all.
Furthermore, the statute of limitations sets a strict filing deadline for civil claims seeking recovery for personal injuries. According to Delaware Code Title 10, §8119, most claims have an effective filing deadline of two years. Although there are some exceptions to this rule in specific circumstances, it is important for an injured person to seek legal counsel as soon as possible to preserve their right to recover damages.
Get in Touch with a Bear Personal Injury Attorney Today
Pursuing legal action may seem overwhelming immediately after a serious injury. However, if you are struggling with medical bills and other losses after an incident caused by someone else, a conversation with a skilled attorney may be in your best interests. For many injured victims, comprehensive civil recovery is an essential part of reducing financial burdens and gaining a sense of justice for their suffering.
Let a Bear personal injury lawyer handle your case while you focus on recovering. The legal team at Doroshow, Pasquale, Krawitz, and Bhaya can review your legal options and help you make an informed decision for your situation. Call today to set up a meeting.