For those who suffered harm due to another person’s carelessness, personal injury lawsuits can be a crucial way of getting the necessary compensation to move forward with their lives. Medical bills and property damage can be financially burdensome, especially if the injured victim is unable to work while they heal. A civil claim is meant to ensure that the victim has the resources they need to recover physically, emotionally, and financially from their ordeal.
If you were harmed by someone else’s recklessness, work with a seasoned attorney to hold them accountable for their actions. By retaining a Milford personal injury lawyer, you increase your chances of obtaining the compensation you deserve through a successful legal claim.
How Negligence Justifies Civil Recovery
The basic premise of nearly every personal injury claim is that the defendant breached a duty of care owed to the plaintiff, directly causing them physical harm. To recover compensation, a plaintiff must prove through a “preponderance of evidence” that they would not have been hurt if the defendant had not engaged in specific reckless or careless behavior.
However, what constitutes recklessness or carelessness may vary depending on the scenario. For instance, drivers have a responsibility to obey the rules of the road and operate their vehicles safely. In normal situations, swerving while driving may constitute a dangerous and reckless act. However, if someone swerves to avoid a tree branch that suddenly fell into the street or a child running into the street, that action may not be considered negligent under the circumstances.
Comparative Fault in Milford Personal Injury Cases
It is important to remember that a plaintiff can also be found negligent in causing their own injuries. For instance, if someone slips and falls on water they could have seen, they could be found partially to blame for the fall. If a plaintiff is partially at-fault, their recoverable damages will be reduced according to their percentage of responsibility. A plaintiff who is more than 50 percent to blame will not be able to recover any compensation at all. As such, it is crucial to work with a local personal injury attorney who knows how to prove fault by another party while disproving allegations of comparative negligence.
Recoverable Damages for Negligence Injuries
Through successful litigation, an injured victim should be able to recover for both economic and non-economic forms of harm. The lawyers at our firm can advise on pursuing the following common types of damages in personal injury cases:
- Medical expenses for past and future treatment
- Damage to personal property
- Loss of work income and/or earning capacity
- Loss of enjoyment of life
- Physical pain from injuries
- Emotional anguish, including symptoms of psychological disorders like PTSD
Statute of Limitations for Personal Injury Cases
Regardless of how compelling a plaintiff’s case is, they must file a claim within the statute of limitations or risk losing their right to seek compensation. If a plaintiff does not begin their claim within two years of discovering their injuries, their case will likely be thrown out, according to Delaware Code Title 10, §8119. Our seasoned injury attorneys in Milford can help file the necessary documents on time to preserve a victim’s right to recovery.
Work with a Milford Personal Injury Attorney
Pursuing fair financial recovery for your injuries can be a difficult task on your own. Let the experienced attorneys at Doroshow, Pasquale, Krawitz, and Bhaya handle your claim and relieve the financial burdens of you and your family.
With guidance from a Milford personal injury attorney, you can better understand your legal options and increase your chances of a successful case outcome. Call today to discuss your circumstances with a skilled member of our team.