Whenever an accident involves more than one person, or even if it just involves conditions or circumstances someone else was responsible for creating, it may be worthwhile for anyone hurt as a result to explore their options for filing suit. A serious personal injury can have physical, financial, and emotional consequences, and through successful civil litigation, an injured individual could hold the person who caused their accident financially liable for those consequences.
However, achieving success with this kind of claim can be extremely difficult without guidance from an attorney familiar with how personal injury cases work. An experienced Middletown personal injury lawyer could walk you through every stage of your lawsuit or settlement demand and work tenaciously on your behalf to obtain a positive outcome.
Proving Someone Else is at Fault for Injuries
While there are some exceptions—such as animal attacks—most personal injury cases follow the legal theory of negligence. If a person is found legally negligent in a personal injury case, they can be held financially accountable for any losses stemming from the incident. In short, a person is considered negligent if they:
- Owe a duty of care to another person
- Violate that duty through reckless or careless behavior
- Directly cause physical harm to another person because of their violation
In some cases, proving negligence is straightforward. For example, motor vehicle drivers are reasonably expected to follow traffic laws, so a driver who causes a wreck by rear-ending another vehicle would almost always be legally responsible for any ensuing injuries. In other situations, though, proving that someone was negligent may require significant evidence.
Creating a compelling case to present in court will likely require experienced legal assistance from a Middletown personal injury attorney. If the defense argues that the plaintiff is responsible for their own injuries, legal counsel can also work to contest these claims. A plaintiff who is found partially negligent could have their compensation reduced or claim rejected, so it is crucial to work with a skilled lawyer to fight any allegations of fault.
What Damages Could Be Recoverable in an Injury Claim?
If they are found at-fault for an incident, a defendant and their insurance company could be held liable for the full value of damages sustained by the injured plaintiff. Importantly, “compensable” damages can be economic or non-economic in nature. Economic losses are those with objective price tags based on qualitative documentation, such as bills and receipts. Non-economic damages have subjective values based on the plaintiff’s unique experiences.
A seasoned lawyer could help pursue the following types of damages on behalf of an injured Middletown resident:
- Past and future expenses for emergency and rehabilitative medical care
- Lost wages due to time missed at work during recovery from an injury
- Costs of repairing or replacing personal property
- Physical pain and emotional anguish
- Various impacts of a permanent disability or disfigurement, including loss of earning capacity and loss of enjoyment of life
Call a Middletown Personal Injury Attorney for Legal Guidance
Whether you sustained a minor injury that will heal over time or catastrophic harm that will fundamentally change your life, you deserve compensation for your suffering. After any harmful incident caused by another person, reach out to a Middletown personal injury lawyer as soon as possible. Delaware only allows you a limited amount of time to file suit under the statute of limitations, so it is crucial to begin building your case. Call our firm today to discuss your legal options and learn how we can advocate for you.