MON-THUR: 8:30 AM – 5:00 PMYes. Particularly if the person contributed to the health and well being of the family, such as in the case of a homemaker, the courts acknowledge that the party’s contributions have monetary value, and can assess damages based on those contributions.
While a wrongful death can occur in a multitude of circumstances, the most common causes are:
Delaware law permits a spouse to make various claims including a claim for the deceased’s mental anguish from the time of the accident until the time of death, the grieving spouse’s mental anguish and monetary losses. But it is important to start the investigation of these matters quickly. We’ll want to hire an accident investigator to review the causes of the accident, take pictures, and interview witnesses
There is no greater loss you can suffer than the loss of a family member or loved one, and no award is sufficient to make up for that loss. All to often, the families of those who have died as a result of a wrongful death are overwhelmed by their grief and loss, and don’t immediately seek legal recourse. It is important to remember, though, that families often suffer severe financial losses in addition to the emotional ones.
While nothing can give you back what you have lost, competent legal representation can be the first step in rebuilding and getting your family back on its feet.
It can be difficult to deal with practical matters at such a time, but it is important to seek the advice of a qualified attorney as soon as possible. Your attorney can then provide you with the legal advice and guidance you’ll need to establish your case. In addition to the emotional loss, families suffer from financial losses, too.
We offer a free initial consultation on your claim. If we handle your case, an attorney and a paralegal will work closely with you to resolve your case as quickly as possible. We will make sure that the PIP (personal injury protection) application is submitted immediately so that medical and wage benefits are secured. We will negotiate with the insurance carrier on your behalf. Our fees are a percentage of what we can collect for you, which means that there is no fee unless we win. Costs, however, must be paid regardless of outcome.
In the event that we cannot settle with the insurance company, a lawsuit may be filed on your behalf. However, the vast majority of our cases do resolve before going to a jury trial.
In that event, we may seek uninsured motorist benefits from your insurance company to compensate you for your injuries.
Delaware law provides that the innocent victim of someone else’s negligence is entitled to make a claim for their pain, suffering, inconvenience and permanent injury. After your condition has stabilized and you reach the point of maximum medical improvement, a settlement demand will be sent to the at fault drivers insurance company seeking compensation on your behalf. The amount demanded will vary depending on who’s at fault, the extent and duration of treatment, and whether there is any permanent injury.
We will seek to have either your insurance company or the at fault drivers insurance company pay for the repair of the car. If the cost of the repair is more than the value of the vehicle, it may be deemed as totaled, and you may be offered the fair market value of your car.
Your insurance company may reimburse you for out of pocket expenses you may incur as a result of the accident, such as rental car expenses, substitute services, and prescription costs. You can submit your receipts for out of pocket expenses to our office and we will get payment from the appropriate insurance carrier on your behalf.
You have the right to make a claim for your loss wages, which is normally 80% of your gross pay during the period of time that a doctor has you out of work. Our firm will assist you in making sure that these benefits are promptly paid.
You have freedom of choice to choose your own doctors. You are not required to go to a physician that is only part of your health plan.
Our firm will make sure your medical bills get paid.
You should immediately call your insurance company and report the collision.
Delaware Law requires all Delaware tagged and registered vehicles have a minimum of $15,000.00 insurance coverage for Personal Injury Protection benefits. In Delaware, these benefits pay for medical expenses and lost wages. Payments will be made for all reasonable and necessary expenses related to the accident.
We will assist you in making a claim against your own insurance company for payment of these benefits.
A Chapter 7 discharge releases only the debtor. The liability of any other party on a debt is not affected by a Chapter 7 discharge. Therefore, a person who has cosigned or guaranteed a debt for the debtor is still liable for the debt regardless of the debtor’s Chapter 7 discharge.
When a Chapter 7 discharge is granted, the court enters an order prohibiting the debtor’s creditors from later attempting to collect any discharged debt from the debtor. Any creditor who violates this court order may be held in contempt of court and may be liable to the debtor in damages. If a creditor later attempts to collect a discharged debt from the debtor, the debtor should give the creditor a copy of the order of discharge and inform the creditor in writing that the debt has been discharged under Chapter 7. If the creditor persists, the debtor should contact our office. If a creditor files a lawsuit against the debtor on a discharged debt, it is important not to ignore the matter, because even though a judgment entered against the debtor on a discharged debt can later be voided, voiding the judgment may require the services of an attorney, which could be costly to the debtor.
A Chapter 7 case begins with the filing of the case and ends with the closing of the case by the court. If the debtor has no nonexempt assets for the trustee to collect, the case will most likely be closed shortly after the debtor receives his or her discharge, which is usually about four months after the case is filed.
If the debtor has nonexempt assets for the trustee to collect, the length of the case will depend on how long it takes the trustee to collect the assets and perform his or her other duties in the case. Most consumer cases with assets last about six months, but some last considerably longer.
Usually by mail. Most courts send a form called “Discharge of Debtor” to the debtor. This form is a copy of the court order discharging the debtor from his or her dischargeable debts, and it serves as notice that the debtor’s discharge has been granted.
If, within 20 days after a Chapter 7 case is filed, the debtor furnishes a utility company with a deposit or other security to insure the payment of future utility services, it is illegal for a utility company to refuse to provide future utility service to the debtor, or to otherwise discriminate against the debtor, if its bill for past utility services is discharged in the Chapter 7 case.
Employers are not usually notified when a Chapter 7 case is filed, unless of course if the employer is a creditor who is listed in the schedules of debts, or if the employer must be notified to stop a wage garnishment by one of the debtor’s creditors.
When a Chapter 7 case is filed, it becomes a public record, and the name of the debtor may be published by some newspapers and credit-reporting agencies and can be found on the internet.
According to Experian, a Chapter 7 filing will stay on your credit report for up to 10 years. However, we have some common-sense suggestions for you in re-establishing your credit. Many clients find that they can re-establish credit in a relatively short period time after their case is concluded.
A discharge is a court order releasing a debtor from all dischargeable debts and ordering the creditors not to attempt to collect them from the debtor. A debt that is discharged is one that the debtor is released from and does not have to pay. The most common debts that are discharged in Chapter 7 are: credit cards, medical bills, car repossessions, and personal loans. Some debts, like taxes, are not discharged. Most clients receive a discharge after about 60 days for the Section 341 meeting (the first meeting of creditors).
Yes, there will be a hearing in Court in Wilmington, which is called a Section 341 meeting. At that time, the Court appointed Trustee will ask about your financial circumstances. One of our attorneys will with you at that time. For most clients, these meetings last about 15 minutes.
The filing of a Chapter 7 case automatically stays (or stops) virtually all collection and other legal proceedings pending against the debtor. That means all calls, collection attempts, lawsuits, sheriff sales, and wage attachments must be stopped upon the filing of a Chapter 7 petition. A few days after a Chapter 7 case is filed, the court mails a notice to all creditors ordering them to refrain from any further action against the debtor.
The automatic stay does NOT protect cosigners and guarantors of the debtor, and a creditor may continue to collect debts of the debtor from those persons after the debtor files a Chapter 7 case.
Yes. A husband and wife may file a joint petition under Chapter 7. If a joint petition is filed, only one set of bankruptcy forms is needed and only one filing fee is charged. In many cases, it makes sense for both husband and wife to file.
Delaware has very good exemptions in comparison to our surrounding states. It is rare for our clients to lose their property after filing a Chapter 7. For instance, most Delaware homeowners can exempt up to $125,000 of equity (the difference between the fair market value of their house, minus mortgages). So if the mortgage is paid, the debtor typically keeps the house. There are additional exemptions for motor vehicles and a wildcard exemption of $25,000 per person.
Our expert staff of paralegals, law clerks and attorneys work together as a team to get each client the best results possible. Each client receives individual attention as their case goes through the process.
In general, we perform the following functions in the Chapter 7 case of a typical consumer debtor:
Chapter 7 is a Chapter of the Bankruptcy Code in which the Debtor (the person filing) stops creditor harassment and secures a discharge without paying any money back to creditors. In a Chapter 7 case, if the Debtor has any nonexempt property (very rare for our clients) he or she must turn it over to the Trustee. In return, the debtor receives a discharge for most debts. Fortunately, Delaware’s exemption laws (what you can keep) are very good so most of our clients do not lose any property by filing. However, your income has to qualify for a Chapter 7 bankruptcy. If your income is too high, we would likely have you consider Chapter 13 where you pay your creditors back some money. Your attorney will review your financial circumstances and make a recommendation about which chapter in the law is best for you.
Our role in the process is as follows:
A debtor who is unable to complete the Chapter 13 payments has four options:
The debtor has the right to either dismiss a Chapter 13 case or convert it to Chapter 7 at any time for any reason. However, if the debtor simply stops making the required Chapter 13 payments, the Court may compel the debtor or the filed attorney to make the payments and to comply with the orders of the Court. Therefore, the debtor who wishes to discontinue a Chapter 13 case should do so through his or her attorney.
If the debtor is temporarily out of work, injured, or otherwise unable to make the payments required under a Chapter 13 plan, the plan can usually be modified to enable the debtor to resume the payments when they are able to do so. If it appears that the debtor’s inability to make the required payments continue indefinitely or for an extended period, the case may be dismissed or converted to Chapter 7. If you get behind in plan payments, call us immediately to discuss your options.
Most debtors must appear in Court only once for a hearing, called the meeting of creditors. If objections are filed to the proposed Chapter 13 plan, debtors may be required to appear for a hearing on the confirmation of the debtor’s Chapter 13 plan. The meeting of creditors is usually held about a month after the case is filed. The confirmation hearing is usually held approximately two to three weeks after the meeting of creditors. The debtor’s testimony should not be lengthy at either hearing, however. If difficulties or unusual circumstances arise during a case, additional Courtappearances may be necessary. Our staff will thoroughly prepare you for these matters.
No. Filing under Chapter 13 is a civil proceeding and not a criminal proceeding, and a person does not lose any legal or constitutional rights by filing.
In most cases, no, unless your employer lent you money.
When a Chapter 13 case is filed, it becomes a public record and the name of the debtor may be published by some newspapers and credit reporting agencies and on the internet.
According to Experian, a Chapter 13 filing stays on your record for 7 years after filing. In a Chapter 7 filing, it stays on your record for up to 10 years. In general, we tell clients Chapter 13 is more favorable on your credit record than Chapter 7. We have some common-sense suggestions for you in re-establishing your credit. Many clients find that they can re-establish credit in a relatively short period time after their case is concluded.
The filing of a Chapter 13 case automatically stays (stops) lawsuits, attachments, garnishments, foreclosures, and other actions by creditors against the debtor or the debtor’s property. A few days after the case is filed, the Court will mail a notice to all creditors advising them of the automatic stay. Certain creditors may be notified sooner, if necessary. Most creditors are prohibited from proceeding against the debtor during the entire course of the Chapter 13 case. If the debtor is later granted a Chapter 13 discharge, the creditors will then be prohibited from collecting the discharged debts from the debtor after the case is closed.
Usually not. Creditors are usually paid out of the debtor’s income and not from the debtor’s property. However, if a debtor has valuable nonexempt property and has insufficient income to pay enough to creditors to satisfy the Court, some of the debtor’s property may have to be used to pay creditors.
A pending Chapter 7 case may be converted to Chapter 13 at any time at the request of the debtor, if the debtor has not been previously converted to Chapter 7 from Chapter 13. There may be additional costs and fees with a conversion.
Yes. A debtor engaged in business may continue to operate the business during the Chapter 13 case. These cases are typically more complicated than a consumer-based Chapter 13. Your attorney will work closely with you on all aspects of a business Chapter 13. Corporations and LLC businesses are not eligible to file Chapter 13.
Yes. For most consumers, it makes sense for both husband and wife to file jointly. In this way, they’ll save fees and get the maximum benefit of a discharge.
A Chapter 13 plan must last for at least 3 years, with a maximum of 5 years.
The debtor must begin making payments to the Chapter 13 Trustee within 30 days after the debtor’s plan is filed in the Court, and the plan must be filed with the Court within 15 days after the case is filed. Most clients use the convenient TFS service to set up a special payment checking account with the Trustee.
No. In most plans, car payments will be significantly reduced, and we pay pennies on the dollar to unsecured creditors like credit cards, medical bills, and personal loans. But we must also pay in full your priority debts for child support as well as certain newer taxes. We can’t change your mortgage payment which you’ll make directly to the mortgage company. A plan is a critical part of your case, and your attorney will work closely with you on this to make sure it complies with the law and is affordable.
A Chapter 13 Trustee is a person appointed by the Court to collect payments from the debtor, make payments to creditors in the manner set forth in the debtor’s plan, and administer the debtor’s Chapter 13 case until it is closed. Michael Joseph is the Chapter 13 Trustee in Delaware. The debtor is always required to cooperate with the Chapter 13 Trustee.
It is a written plan presented to the Bankruptcy Court by a debtor that states how much money or other property the debtor will pay to the Chapter 13 Trustee, how long the debtor’s payments to the Chapter 13 Trustee will continue, which creditors will be paid, how much will be paid to each of the debtor’s creditors, and certain other technical matters.
A full Chapter 13 discharge must be granted upon the completion of all payments required in the plan discharges a debtor from most debts (like credit cards, personal loans, medical and repossession debts). However, the following are typically excluded from discharge:
It is a Court order releasing a debtor from all dischargeable debts and ordering creditors not to collect them from the debtor. A debt that is discharged is one that the debtor is released from and does not have to pay. There are two types of Chapter 13 discharges: 1) a full or successful plan discharge, which is granted to a debtor who completes all payments called for in the plan, and 2) a hardship plan discharge, which is granted to a debtor who is unable to complete the payments called for in the plan due to circumstances for which the debtor should not be held accountable.
Yes. A financial counselor has no legal right to prevent a person from filing any type of bankruptcy case, including a Chapter 13 case.
In a Chapter 13 case, the bankruptcy Court can provide aid to the debtor that private debt consolidation services cannot provide. For example, the Court has the authority to prohibit creditors from attaching or foreclosing on the debtor’s property, to force unsecured creditors (like credit cards and most personal loans) to accept a Chapter 13 plan that pays only a portion of their claims, and to discharge a debtor from unpaid portions of debts. Private debt consolidation services have none of these powers. Additionally, private debt consolidation agencies charge large fees to consumers.
Chapter 13 is usually preferable for a person who:
The basic difference between Chapter 7 and Chapter 13 is that under Chapter 7, the debtor’s nonexempt property (if any exists) is liquidated to pay as much as possible of the debtor’s debts, while in most Chapter 13 cases a portion of the debtor’s future income is used to pay creditors. As a practical matter, under Chapter 7 the debtor could (but rarely does) lose their property. The Chapter 7 debtor receives a discharge at the end of the case, which releases the debtor from liability for most debts. Under Chapter 13, the debtor usually does not lose any property. However, he or she must make a plan payment. At the end of the case, the debtor receives a Chapter 13 discharge, which is broader than a Chapter 7 discharge.
Chapter 13 is part of the Bankruptcy code under which a person may repay all or a portion of their debts under the supervision and protection of the Bankruptcy Court. A person (called a debtor) files a plan for payment of their creditors. The plan must be approved by the Court to be put into effect. If the Court approves the debtor’s plan, most creditors will be prohibited from collecting their claims from the debtor during the case. The debtor must make regular payments to a person called the Chapter 13 Trustee, who collects the money paid by the debtor and disburses it to creditors in the manner called for in the plan. Upon completion of the payments called for in the plan, the debtor secures a discharge from most debts and won’t have to pay them further. Our office will work closely with you on all aspects of a Chapter 13 Bankruptcy. We offer a free consultation to go over the ins and outs of Chapter 13. Call 1-888-734-6800 to schedule an appointment.
If the business can’t make the plan payments, the plan can usually be modified to enable the debtor to resume the payments when they are able to do so. If it appears that the debtor’s inability to make the required payments continue indefinitely or for an extended period, the case may be dismissed or converted to a Chapter 7. If you get behind in plan payments, call us immediately to discuss your options.
Most debtors must appear in Court only once for a hearing, called the meeting of creditors. If objections are filed to the proposed Chapter 11 Subchapter V plan, debtors may be required to appear for a hearing on the confirmation of the debtor’s Chapter 11 Subchapter V plan. The meeting of creditors is usually held about a month after the case is filed. The confirmation hearing is usually held approximately two to three weeks after the meeting of creditors. The debtor’s testimony should not be lengthy at either hearing, however. If difficulties or unusual circumstances arise during a case, additional Court appearances may be necessary. Our staff will thoroughly prepare you for these matters.
No. Filing under Chapter 11 Subchapter V is a civil proceeding and not a criminal proceeding, and a person does not lose any legal or constitutional rights by filing.
If you have personally guaranteed some or all your business debts, then a Chapter 11 Subchapter V won’t get rid of these debts as to you personally. In situations like these, we sometimes consider a Chapter 13 Wage Earner filing to protect your personal property.
Our role in the process is as follows:
According to the law, the plan must provide that ”all of the projected disposable income of the debtor” must be paid for 3-5 years. Normally, disposable income means income to the business minus the normal operating expenses of the business, such as rent, salaries, utilities, insurance, etc. You may need to hire an accountant to work with us in deterring disposable income of the business. Out of the plan payment, we’ll seek to get business taxes paid in full and a reduction of business motor vehicle payments. A portion of our legal fees is also paid. A portion of your unsecured creditor’s claims (such as business loans and business credit cards) will also be paid. In some cases, second mortgage loans on your principal residence can be stripped away if the money you got in your loan was used in connection with the operation of the business.
No. Only small businesses with debt less than $2,725,625 may file Chapter 11 Subchapter V. However, as part of its legislation to address the COVID-19 pandemic, Congress increased the threshold for small business filings to $7,500,000 until March 27, 2021.
The filing of a Chapter 11 Subchapter V case automatically stays (stops) lawsuits, attachments, garnishments, foreclosures, and other actions by creditors against the debtor or the debtor’s property. A few days after the case is filed, the Court will mail a notice to all creditors advising them of the automatic stay. Certain creditors may be notified sooner, if necessary. Most creditors are prohibited from proceeding against the debtor during the entire course of the Chapter 11 Subchapter V case. If the debtor is later granted a Chapter 11 Subchapter V discharge, the creditors will then be prohibited from collecting the discharged debts from the debtor after the case is closed. Upon the filing, the business will get an automatic stay which stops all lawsuits, sheriff’s sales, and harassing phone calls.
Possibly so. If you believe that your business is fundamentally sound, this may be a viable option. Chapter 11 Subchapter V can buy you the extra time you need to turn your business around.
Chapter 11 Subchapter V is part of the Bankruptcy code under which a business may reorganize its debts and pay all or a portion of their debts under the supervision and protection of the Bankruptcy Court. Recent changes to the law. called Chapter 11 Subchapter V, permit a faster and less expensive reorganization process for most small business debtors. A business (called a debtor) files a plan for payment of their creditors. The plan must be approved by the Court to be put into effect. If the Court approves the debtor’s plan, most creditors will be prohibited from collecting their claims from the debtor during the case. The debtor must make regular payments to a person called the Trustee, who collects the money paid by the debtor and disburses it to creditors in the manner called for in the plan. Upon completion of the payments called for in the plan, the debtor secures a discharge from many unsecured debts and won’t have to pay them further.
Our office will work closely with you and your accountant on all aspects of a Chapter 11 Subchapter V Bankruptcy. We offer a free consultation to go over the benefits of filing. Call 1-888-734-6800 to schedule an appointment.
Shutting down a business that cannot be revived is an art, not a science. People often speak of tossing the proverbial keys to the business’s creditors, but as a practical matter, that usually doesn’t work. Lenders and other creditors are under no obligation to catch any keys that are tossed their way.
It is important to choose a firm that has handled brain injury or spinal injury claims before. These cases are often complicated and the proper experts must be retained early on to maximize your recovery. Sometimes the insurance company will say the accident was the fault of the consumer. Additional experts may need to be retained to prove liability (responsibility) for the accident. Our firm has handled thousand of cases for brain injury and spinal injury consumers since 1978.
A: In addition to pain and suffering, lost wages, and medical expenses, brain and spinal injury victims often need specialized services. For instance, psychologists or psychiatrists may need to be retained to show the nature and extent of the brain injury. Testing may need to be done to show the extent of the brain injury: MRI and PET scans may need to be performed to document these claims. In spinal injury claims, life care planners may need to be consulted to show the plan necessary for future care. In both types of cases, economists and vocational experts may need to be retained to document project future loss of earning capacity. In order to properly investigate your claim, it is important that you contact our office so that we can begin preparing your case.
Depending on whether an accident occurred as a result of a workers’ compensation injury (learn more) or a jobsite accident (learn more) or an automobile accident (learn more), we will review the unique nature of your claim to maximize recovery.
Having an experienced bus accident attorney is crucial in determining the outcome of your case. Our firm has handled thousands of bus accident claims over the past thirty years. We will thoroughly investigate your claim, the facts of the accident, and the liability. Our goal is to seek the maximum of compensation for you for your losses.
Yes. Medical bills and lost wages are first processed through the bus company’s insurance carrier. This is called PIP or Personal Injury Protection. Additionally, there may be a claim for pain and suffering against the bus company’s insurance or the at-fault driver, or in some cases from both insurance companies.
There often are different insurance issues involving bus accidents. Also the physics involved in a bus accident could be different than in an automobile accident.
You as parent would make the claim as the guardian. Any funds you collect must be approved by the Court and kept in a special bank account until your daughter reaches age 18. The Court may, in unusual and emergency circumstances, permit you to withdraw funds for the care of the child.
The key is to find insurance that will pay the claim. Many homeowners’ insurance policies and rental insurance policies provide for payment of claims from dog bites. These policies may also include certain “med pay” provisions that could pay for medical expenses. In order to properly investigate your claim, we’ll need to sit down as soon as possible to discuss your rights.
Once you retain our office, we’ll start processing the claim and make sure that we secure the maximum funds available to compensate your daughter for her injuries.
Make sure the police and/or the SPCA are called after the attack to establish the facts of the claim. Also, take pictures of the dog, if possible, and the area of the attack. And make sure you take pictures of the scar area and bring them in for our review.
Delaware law provides that an injured party can often make a monetary claim for a dog bite. These claims consist of payment of medical expenses and pain and suffering from the bite. Scarring is also an important element of damages.
Delaware does not have a “first bite free” rule as is other states. In other words, Delaware has adopted strict liability, meaning that if a dog has bit a person who did not incite the attack, there likely is a claim.
Make sure your daughter follows up with all her doctors to obtain the maximum medical recovery. We may want to contact a plastic surgeon for an evaluation. In some cases, the psychological damage caused to a child from a dog bite is very great; speak to us about a referral for professional help.
Electrical accidents are more complicated than the typical personal injury auto accident case. An extensive investigation of the accident scene, review of the matter with OSHA investigators, and sometimes the hiring of a safety expert is necessary in order to pursue a claim. (learn more about jobsite accidents). Additionally, complicated insurance coverage issues often arise between the various parties. Although an injured worker can’t sue his employer for negligence, there are often a number of other parties who were involved in the work site that could be liable for injuries.
You likely will have two claims, one for workers’ compensation (learn more) and another for third party liability for a job accident (learn more).
Expecting a child is one of the happiest and most stressful times in our lives. During the birth process, the medical providers will seek to control over their role to make sure your baby is born healthy. However, there are some common mistakes made during pregnancy and birth delivery including: misdiagnosis of problems, allowing a delivery to take too long, applying to much pressure to the baby’s head, neck or shoulder, failing to closely monitor the baby’s health after birth. If any of the above lead to injury which could include paralysis or severe brain injury, there may be a claim.
Whenever a healthcare provider has not followed the standard of care and a consumer has been injured, Delaware law could provide for a medical malpractice claim. These claims could be against any one or all the healthcare providers who have treated the victim. We have handled claims against health care providers and a hospital; regrettably, their negligence caused the death of a child (see the attached newspaper article).
An experienced motorcycle accident attorney is absolutely crucial to the outcome of your motorcycle accident claim. He or she will be familiar with all aspects of the law that make your motorcycle accident unique. For the last 30 years, our firm has handled thousands of motorcycle accident claims. We are knowledgeable about helmet laws, motorcycle insurance, and motorcycle riding laws.
Yes. For many motorcyclists, swerving is just another part of riding. Car drivers often fail to see motorcyclists, and as a result, the motorcyclist must swerve to avoid an accident. If you are riding, and a negligent driver causes you to be involved in a motorcycle accident because you were avoiding another collision, you may still be able to recover compensation for the injuries you suffer.
Yes. Delaware does not require that the driver of a motorcycle wear a helmet, it only has to be located on the motorcycle.
Motorcycle accident claims are different than auto accident claims because there are often motorcycle-unique causes for the accident, the injuries are usually more serious, there are different laws concerning motorcycle riding, and the physics of a motorcycle accident are much different than those involved in an auto accident. Also, there are unique insurance issues in Delaware dealing with motorcycles. Often the insurance companies try to limit benefits for medical bills and lost wages under your PIP policy. We’ll fight to make sure we collect the maximum available to you.
In nursing home abuse cases, it is important that our office be contact as soon possible. We’ll start our investigation, secure witness statements, and contact an expert if necessary to establish the claim for you. We’ll carefully review the medical records to determine whether there is a claim. See our link for wrongful death, which further details the recoveries we can make.
Nursing home patients can die from over medication, lack of proper medical attention, accidents caused from lack of supervision, dehydration, etc.
If you have lost a family member to nursing home abuse or neglect, you may be able to recover compensation for the damages you and your family has suffered. Nursing home abuse and neglect is unfortunately common because so many nursing home residents are already incapacitated, and many cases go unnoticed until it is too late.
It is important to call immediately after the injury. We will need to start our investigation, interview witnesses, and preserve the defective product. Please take pictures and bring them with you to the meeting with your lawyer.
The most notorious example of a defective product was the Ford Pinto with the exploding gas tank manufactured by Ford. Through the years, recoveries have been made for unsafe cribs, exploding lighters, and dangerous and harmful medications. Many other products that have caused injuries to consumers in Delaware could give rise to claims. In order to verify whether there is a claim, please contact our office right away so we can begin our investigation of your potential claim.
If you or a family member were severely injured as a result of a defective product, you may be able to recover compensation for the damages you and your family has suffered. Depending on the specifics of the case, you may be able to sue the manufacturer, the retailer, or another responsible party for medical costs, loss of income, pain and suffering, mental anguish and other monetary and non-monetary claims. These cases are typically called product liability claims.
An experienced attorney is critical to the outcome of your slip & fall claim. During the last thirty years, our firm has handled thousands of slip & fall injury claims. We will thoroughly investigate the facts of your claim and the insurance available for payment of your claim.
Some of the most common causes of slip & fall injuries include:
If you have been hurt in a slip and fall, make sure you get the names, addresses, and phone number of witnesses. If at all possible, take pictures of the area of the fall as quickly as possible.
Premises liability is the legal term for the type of claim filed when a person is injured on the property of another party. The property could be a business such as a retail establishment or a restaurant, or it could be a private residence (in certain limited circumstances).
These cases are often more difficult to show fault than a typical auto accident case. It is sometimes difficult to find available insurance to pay medical bills and lost wages. There is no law requiring automatic medical bill payment in Delaware for slip and fall although some policies have automatic medical payment. Also, Delaware law has set up certain legal protections for home owners against claims of guests.
Your average weekly wage will have a direct effect on the amount we can secure for this benefit. Our legislator has set up this procedure and we’ll work hard to maximize your recovery.
These types of claims are very difficult for the consumer to handle on their own. Our office will work closely with you, your doctor, and possibly an independent doctor, to evaluate your claim for permanent impairment. Once that doctor determines your percentage of permanent injury, the Worker’s Compensation law has set up a formula for securing these benefits.
Worker’s Compensation provides for lump sum settlements for claimants who have suffered permanent injuries on the job. The amount and extent of the recovery will vary depending upon the area of the body affected, the degree of permanent injury suffered, and the claimant’s average weekly wage.
If you were injured on the job, you have a claim for worker’s compensation benefits. See our link for information on worker’s compensation: Learn more
Additionally, you might have a claim for the failure of a party to maintain a safe jobsite. This claim could be made against the general contractor or a subcontractor. These are typically called third party claims. Delaware law does not permit you to sue your employer or a co- employee: your claim against these parties is through Workers Compensation. The benefits we collect on third party claims are on top of Workers Compensation benefits. We often have to pay some of the recovery to the Workers Compensation insurance company upon resolution of the case.
