Although some injuries happen without anyone being at fault, many avoidable incidents are caused by negligence. Sadly, accidents that lead to serious injuries are often caused by the reckless or careless actions of another person involved.
If you recently suffered harm due to someone else’s negligence, you may have grounds to file suit against the person who caused your injuries. The knowledgeable team at Doroshow Pasquale Krawitz & Bhaya can go over your legal options in an initial consultation. Once retained, an Elsmere personal injury lawyer works diligently to collect evidence from your incident, document your recoverable losses, and seek fair compensation through either a private settlement or court verdict.
Common Grounds for Personal Injury Claims
While there are a few rare exceptions, most successful personal injury claims are based on negligence. This legal theory allows people to be held financially liable for harm that they caused, even if they did not intentionally hurt someone through criminal acts.
For someone to be considered legally negligent, they must have violated an assumed or explicit duty to act reasonably around other people. Additionally, their violation or “breach” of this duty must have directly caused an accident that led to another person’s injury. An Elsmere attorney could review the circumstances of your accident to help you determine whether you have a viable claim for compensation.
Types of Personal Injury Cases Our Attorneys Handle
Accidents such as car crashes, truck collisions, motorcycle wrecks, bicycle collisions, and pedestrian strikes are the most common sources of civil litigation, but several other situations could give rise to such a claim. Examples include:
- Defective products
- Dangerous pharmaceuticals
- Attacks by domesticated animals
- Mistakes by medical professionals
- Hazardous conditions on commercial property
Regardless of what circumstances led to a particular incident, a dedicated attorney could provide critical guidance and support for your personal injury case in Elsmere.
Commercial Premises Liability
Business owners who invite customers onto their property have a legal responsibility to keep the premises reasonably safe. When a grocery store, restaurant, retail shop, or office building along Kirkwood Highway or New Road fails to address a spill, broken stairs, poor lighting, or another hazard, and you are hurt as a result, you may have grounds for a commercial premises liability claim. Delaware law generally requires commercial property owners, apartment managers, tenants, and managers to inspect for hazards and correct them within a reasonable time once they know, or should have known, about a dangerous condition.
Our team can help you gather the evidence required, including incident reports, maintenance logs, and surveillance footage that many businesses keep on file. We will also work to identify every party who may share responsibility, since a property owner, a management company, and a maintenance contractor can each carry a separate insurance policy that may apply to your case.
Construction and Warehouse Injury Claims
Elsmere sits near some of New Castle County’s busiest distribution centers and commercial corridors, and workers on construction sites and inside warehouses face daily risks that range from falls and equipment malfunctions to forklift collisions and structural collapses. When you are hurt on the job, your first source of recovery is often a workers’ compensation claim, which can provide medical coverage and wage replacement without proving fault. Delaware’s workers’ compensation law, Title 19 of the Delaware Code, generally applies whether you work directly for a company or through a staffing agency.
However, a workplace injury does not always end with a workers’ compensation claim alone. If a subcontractor, equipment manufacturer, or property owner outside your employer contributed to the incident, you may also have grounds for a separate third-party injury claim. Our attorneys will review the details of your workplace accident to determine every avenue of compensation available to you, and we will handle the workers’ compensation and personal injury sides of your case so you can focus on your recovery.
What Compensation Can You Recover After an Injury?
The amount and type of compensation available in your claim will depend on the facts of your case, but Delaware law generally allows injured plaintiffs to pursue several categories of damages. These commonly include:
- Current and future medical expenses
- Lost wages
- Diminished earning capacity
- Loss of enjoyment of life
- Pain and suffering
In cases involving lasting impairment, you may also seek compensation for the reduced quality of life that follows a serious injury. We will calculate the full value of your losses before presenting a demand to the insurance company or opposing party, so you do not settle for less than your claim is worth. Every case is different, and our team will walk you through what a fair resolution can look like given your specific injuries and circumstances.
What Is the Personal Injury Claims Process Like?
Importantly, starting a personal injury claim does not necessarily mean that the plaintiff will have to spend weeks preparing for and engaging in court litigation. In fact, most personal injury cases end with a settlement offer privately negotiated between the parties involved, with only a fraction of claims proceeding all the way to trial.
However, whether a claim ends with a court verdict or a mutually agreeable settlement, there are various legal obstacles that could decrease a plaintiff’s recovery or even prevent it altogether. As such, it is critical for anyone considering a personal injury claim to consult a seasoned attorney in their area.
Comparative Fault
Civil defendants often try to avoid financial liability for injuries caused by their negligence by arguing that the plaintiff is partially to blame for their own injuries. Known as “comparative fault,” a finding of partial negligence against a plaintiff could result in the court proportionately reducing their final damage award. If they are found primarily at fault, a plaintiff could be barred from recovering anything at all.
Statute of Limitations
It is important to know that injured Elsmere residents only have a limited amount of time after an accident to file suit with a personal injury attorney. According to 10 Del. Code § 8119, a person has two years after discovering their injuries to start pursuing their case. An injured victim who waits too long may be barred from recovering any compensation.
A Firm Rooted in the Elsmere Community
Even if you think you have strong evidence against the person responsible for your injuries, you may have a hard time getting a good result if you try to pursue your claim alone. The personal injury lawyers from Doroshow Pasquale Krawitz & Bhaya have long been part of the Elsmere community, not just as a law firm but as a neighbor.
Over the years, our attorneys and staff have taken part in local events such as the Holiday Parade, the Garden Society, and the Fire Company open house, and the firm has been recognized by the Town of Elsmere for its community involvement. We believe that serving our neighbors goes beyond the courtroom, and that same commitment carries over into how we treat every client who walks through our door.
Call an Elsmere Personal Injury Attorney for Legal Help Today
Even if you think you have strong evidence against the person responsible for your injuries, you may have a hard time getting a good result if you try to pursue your claim alone. Civil litigation can be time-consuming, complex, and fraught with potential pitfalls for those without a legal background. Defense lawyers and insurance companies are all too happy to take advantage of less experienced plaintiffs to protect their own best interests.
Fortunately, an Elsmere personal injury lawyer could work tirelessly on your behalf to advocate for your case and assert your rights. Call a legal advocate today to discuss your potential claim.