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, and Bhaya could go over your legal options in an initial consultation. Once retained, an Elsmere personal injury lawyer could work 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.
In order 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.
Types of Personal Injury Cases
Auto wrecks are the most common sources of civil litigation, but a number of other situations could give rise to such a claim. Examples include:
- Hazardous conditions on public or private property
- Mistakes by medical professionals
- Attacks by domesticated animals
Regardless of what circumstances led to a particular incident, a dedicated attorney could provide critical guidance and support for personal injury cases in Elsmere.
Injury Claim Process in Elsmere
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.
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. According to Delaware Code Title 10 §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.
Call an Elsmere Personal Injury Attorney for Legal Help
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.