Our attorneys have put together this guide to personal injury law frequently asked questions to help you better address some of the concerns you may have if you think you may have a personal injury claim.
How do I Know if I Have an Accident Claim?
In many cases, it is best to speak to a personal injury attorney. In Delaware, you may have an accident claim if you have sustained any type of accident or injury resulting from a wrongful act or someone’s negligence. For example, if someone was texting while driving and this caused a rear-end collision causing your injuries, you may have a claim.
In some cases, however, it may be more difficult to tell whether you have a claim. For example, if you slip and fall on stairs, was there negligence involved on the part of the property owner who failed to maintain the stairs correctly? In many cases, this is a question an attorney can answer by carefully reviewing the specifics of your case.
If you think you may have a claim, you can contact us and speak to one of our attorneys without risking anything.
Why do I need an Attorney in an Auto Accident Injury Claim if I Have Car Insurance?
Car insurance can be invaluable, but it does not always cover the full cost of your car accident. After a car accident, you may need to pay for property damage, medical bills and more. At the same time, you may need to replace the wages you will miss by not being able to attend work. Car insurance will not always cover all of these costs right away.
Working with an attorney means a legal professional is representing you with your car insurance company or the other driver’s car insurance company and negotiating for you. If you have a strong case and the car insurance company is not willing to pay, an attorney will go to court to settle the claim and fight for your fair compensation.
How Much Time do I Have to File Bicycle Accidents Claims and Other Claims?
In Delaware, there is a limit on how much time you have to file a bike accident claim or any type of personal injury claim. This is known as the statute of limitations.
In incidents involving negligence, the statute of limitations is generally about two years from the time of the accident. However, it’s important to note that waiting can harm your case. If you wait even a few weeks or a few months, the evidence in your case may disappear. In addition, the insurance company may claim you weren’t seriously injured since you didn’t file right away.
Get legal advice right away and get the ball rolling on a claim to ensure you don’t miss out due to statutes of limitations and other deadlines. The sooner you act, the more your attorney may be able to assist you.
How Much Can I Get for Brain Injuries, Back Injuries and Spinal Cord Injuries?
Back injuries, spinal cord injuries and brain injuries can all be very expensive to treat. For spinal cord and brain injuries, for example, you may need rehabilitation, nursing care and multiple surgeries as well as visits to specialists. You may need to be in a wheelchair or you may need support if your injuries are permanent. In some cases, you may need to have care at home or you may need the services of an assisted-living facility because of the severity of your injuries. A back injury can mean a lifetime of medication and treatment as well.
The amount you receive for your injuries will depend on a number of factors, including the expected long-term costs of your treatments, the expected long-term wage losses you experience, the impact of the injury on your life, and other factors. The best way to evaluate how much your case may be worth is to consult with a personal injury attorney in your Delaware community. An attorney can look at the specifics of your case and help you understand the chances you have of fighting in court and the possible value of your claim.
Who Can I Sue in Dog Bite Cases?
In Delaware, dog owners are responsible for ensuring their dogs are safe and do not bite anyone. If dog owners allow their dogs to run around without a leash or fail to properly secure the pets, the owners may be held liable if their dogs harm someone.
If you’ve been bitten by a dog, you may be able to pursue a claim against the dog owner’s homeowners policy. In addition, if someone was walking the dogs at the time of the attack and knew or should have known about a dog’s violent past but did not take steps to protect you and others on the street, you can also sue that individual walking the dogs. For example, if it was a professional dog walker, you may be able to sue their business insurance policy.
Why Isn’t My Insurance Company Cooperating?
If you have a car accident claim or any sort of claim involving an insurance company, you may become frustrated if the company is not willing to pay for the full cost of your medical care and other expenses. Your insurance company must abide by industry rules and federal regulations regarding the insurance industry. If your insurance company acts in bad faith, you may have a claim against the insurance carrier.
Even if you don’t have a claim, getting an attorney involved will often make a difference. Attorneys understand the legal obligations insurers have, and they understand insurance law. They can exert pressure and remind insurance companies of the obligations they have to you, the customer.
What do Economic and Noneconomic Damages in Pedestrian Accidents Mean?
In pedestrian accidents and in most personal injury claims, plaintiffs can pursue both economic and noneconomic damages. Economic damages refer to all of the losses you have experienced related to specific money losses. In a pedestrian accident, this can mean loss of income, medical bills you have to pay, the property damage you suffer, and everything else you need to pay for with cash. When you file a personal injury claim after a pedestrian collision, you can file a claim to seek compensation for the damages.
However, you can also seek to recover any non-economic damages. Noneconomic damages are those intangible damages resulting from loss of quality of life after an accident. After a pedestrian accident, for example:
- You may no longer be able to enjoy hobbies
- You may be in pain
- Your relationships may be affected
- You may be suffering
Economic damages attempt to place a dollar figure on these issues so you are compensated for the suffering and other losses you have suffered.
What is a Product Liability Claim?
Product liability claims arise when a manufacturer creates a defective product. Whether it is a household appliance, car part, food, medical device or other product, poorly designed or poorly manufactured products caused by flaws in the manufacturing process or by design defects can cause serious damages or even fatalities. For example, defective airbags can cause severe head injuries if they fail to inflate properly during a car crash. In these cases, people who injured by the defective item may have a products liability claim.
How Can I Know if I’ve Been Affected by Property Owner Negligence?
In general, if you have suffered an injury on someone’s property, you may have a property owner negligence claim. For example, if you are visiting a business and you slip and fall because the property was not correctly maintained, this can lead to a premises liability claim.
Why Should I Seek Compensation in Slip and Fall Accidents?
Many people see slip and fall accidents as relatively minor. Luckily, for some people they are. Unfortunately, for others, slip and fall accidents can lead to devastating issues, including broken hip bones, fractures, facial injuries, head trauma, spinal cord injuries, and other serious and even permanent injuries.
In these cases, slip and fall accidents can end up costing thousands of dollars — or even more — in medical bills and lost income opportunities. In these cases, seeking compensation ensures you have money to pay for your medical bills and the treatment you will need.
If All I Have to do to Get Workers’ Compensation Benefits is Apply for Them, Why do I Need an Attorney?
Workers’ compensation benefits were created at the start of the 20th century to help injured workers. The idea behind workers’ compensation is it quickly provides medical coverage as well as income loss replacement and other benefits to workers injured in the workplace. At the same time, it protects employers from being sued for negligence.
Unfortunately, workers’ compensation benefits aren’t automatically awarded. Even if you apply and even if you have a legitimate claim, your claim may be denied. Working with an attorney ensures you have a chance of getting the full compensation you may be entitled to.
How do I Know if My Loved One’s Death was a Wrongful Death?
Wrongful deaths are deaths caused by negligence, a wrongful act or recklessness. If a doctor didn’t follow procedures when treating your loved one in the hospital, for example, you may have a wrongful death claim. If someone was driving erratically and caused an accident leading to a loved one’s death, you may have a wrongful death claim. To find out whether you have a wrongful death claim, contact a personal injury attorney for a thorough review of your situation.
These Personal Injury Law FAQs Did Not Address My Question — Where Can I Get More Information?
If you did not find your answer on this page, contact us for a free consultation. If you have been injured and would like to know your rights, our attorneys would be happy to offer you a no-charge consultation.