Even a relatively minor injury can lead to costly medical expenses, missed time from work, and physical pain. In severe cases, an injury could have life-altering effects, such as permanent disability and loss of capacity to earn income. When another person is responsible for these debilitating losses, it is important to seek legal advice on your options for recovering compensation.
At Doroshow Pasquale Krawitz & Bhaya, a Dover personal injury lawyer can help you prove liability and fight for the available damages in your case. Speaking with an experienced attorney at our firm may be key in preserving your physical, emotional, and financial well-being after a serious injury.
Common Causes of Injuries in the Dover Area
As the capital of the state, Dover carries a steady flow of traffic connecting Route 13, Route 1, and the state offices, Delaware State University, and Dover Air Force Base that anchor the community. Congestion along these corridors, combined with the commercial and delivery traffic to warehouses and distribution centers, contributes to a range of preventable injuries.
A Dover personal injury attorney at our firm regularly represents clients hurt in vehicle collisions, falls on commercial property, construction site accidents, and warehouse injuries, all of which we often handle for residents throughout Kent County. No matter where or how an incident occurred, understanding the specific circumstances of your case is the first step toward building an effective claim.
What Makes for a Valid Personal Injury Case?
Whether you want to file suit over a car wreck, being struck as a pedestrian, hazardous conditions on someone else’s property that lead to a slip and fall, a mistake by a medical professional, or any other type of injurious incident, negligence will play an important role. This legal concept refers to a person’s failure to fulfill a duty of care owed to someone else. If someone suffers physical harm as a direct result of a person’s negligence, the negligent party can be held legally accountable for any related losses.
Negligence can take many different forms, depending on the circumstances of the incident. For example, drivers owe a duty to everyone else on the road to follow traffic laws and drive safely. Medical professionals also have a responsibility to follow the law and keep their patients safe, but what constitutes reasonable behavior for a doctor is very different than the same expectation for a truck driver. And what reasonable means for a truck driver or a motorcycle rider can be different than what it means for your average driver.
Additionally, some types of personal injury claims revolve around “strict liability” rather than negligence, such as dog bite cases. This means that the defendant is considered automatically at fault regardless of whether they acted negligently. A personal injury attorney in Dover can provide more information about how a particular case might proceed during an initial consultation.
Recovering Damages in Personal Injury Claims
Another important element of personal injury litigation is that damages do not necessarily have to be objective. In other words, a plaintiff can seek compensation for injury-related losses even if they do not have a specific price tag based on quantitative evidence like bills or receipts. Non-economic damages are meant to cover subjective losses, such as pain and suffering.
Fortunately, Delaware state law does not enforce any caps on compensatory damages in civil claims. A skilled Dover attorney can help an injured victim calculate the full value of their losses and demand appropriate compensation. It can be difficult to accurately evaluate damages and prove that they stemmed directly from a particular incident, but the personal injury lawyers at our firm have extensive experience handling these tasks on behalf of victims in the surrounding areas.
Delaware’s Statute of Limitations for Injury Claims
State law places strict limits on how long an injured person has to pursue legal action. Under 10 Delaware Code § 8119, a plaintiff generally will have only two years from the date an injury was sustained to file a personal injury lawsuit in Delaware civil court. A similar two-year deadline applies to wrongful death claims under 10 Del. C. § 8107, though the clock generally begins on the date of death rather than the date of the underlying incident.
Once the applicable window closes, the court will typically bar the claim entirely, regardless of how strong the underlying evidence may be. Certain circumstances, such as personal injury claims involving a minor or a delayed discovery of an injury, can shift this timeline, so it is wise to speak with a Dover lawyer as soon as possible after an incident. Acting quickly also helps preserve evidence, locate witnesses, and give our team time to build the strongest possible case on your behalf.
How Could Comparative Negligence Affect Your Recovery?
Not every personal injury case involves a single party who is entirely at fault. Under 10 Del. C. § 8132, the state follows a modified comparative negligence rule. This means a plaintiff can still recover damages as long as their own share of fault is not greater than the combined fault of the defendant or defendants, but the final award will be reduced in proportion to the plaintiff’s percentage of responsibility.
For example, if a plaintiff is awarded $100,000 in damages but found 20% at fault, they would recover $80,000. If a plaintiff is found more than 50% at fault, however, Delaware law will bar recovery altogether. Insurance companies often try to shift blame onto an injured plaintiff to reduce a payout in this way, which makes it important to have a Dover personal injury attorney gather evidence and present a clear account of how the incident occurred.
A Firm With Deep Roots in Delaware
Doroshow Pasquale Krawitz & Bhaya has served the injured residents of Delaware since 1978, when the firm opened as the state’s first suburban law office dedicated to helping middle-income families access quality legal representation. That mission continues today across our offices, including our lawyers who work directly with personal injury clients in Dover.
Our attorneys work alongside trained paralegals and legal assistants, and our bilingual staff can assist clients who are more comfortable communicating in Spanish. We take a hands-on approach to every case, getting to know each plaintiff and the full scope of their losses rather than treating a claim as simply a file number. When you work with our firm, you will have a legal team that knows the community and remains focused on securing the recovery you need to move forward.
Connect With a Dover Personal Injury Attorney for Help Today
Even if you believe you have strong grounds for a personal injury lawsuit, it is always a good idea to consult with skilled legal counsel first before pursuing litigation on your own. Many legal roadblocks could hinder your case, but the dedicated advocates at Doroshow Pasquale Krawitz & Bhaya can help you successfully navigate any challenges. By working with a Dover personal injury lawyer at our firm, you could greatly improve your odds of recovering the compensation you deserve. Call us today to learn more and discuss your circumstances.