When injuries result from negligent behavior, a victim can pursue compensation from the at-fault parties. Even if the person did not intend to cause harm, the law still provides ways of holding people accountable for their recklessness.
However, it can be difficult to obtain proper compensation for an injury without dedicated counsel from an experienced attorney. At Doroshow Pasquale Krawitz & Bhaya, a Smyrna personal injury lawyer can help you build a strong case for damages. From investigating the incident to measuring your losses and demanding proper payments, our team will work toward a positive outcome in your case.
Common Personal Injury Incidents
There are numerous ways a severe injury can occur. The personal injury lawyers at our firm in Smyrna commonly handle cases involving a variety of scenarios, including:
- Dog bites
- Car crashes
- Slips and falls
- Truck collisions
- Bicycle collisions
- Pedestrian strikes
- Motorcycle wrecks
- Workplace injuries
- Medical malpractice
- Injuries leading to death
- Dangerous commercial properties
Regardless of the specific circumstances, a local attorney who focuses on personal injuries can help victims better understand the basis for their claims. Our legal team is skilled at applying the appropriate legal theories and holding defendants accountable for their actions.
When you meet with us, we will take time to walk you through how Delaware law applies to your specific situation and outline the steps involved in pursuing a claim, so you always know what to expect from your case.
How Delaware Law Determines Fault in Your Case
Under 10 Delaware Code § 8132, the state follows a modified comparative negligence rule. If you share some responsibility for what happened, the court will reduce your award by your percentage of fault. However, you will lose your right to recover only if you are more than 50 percent at fault. Insurance adjusters often try to assign a larger share of blame to an injured person to reduce a settlement offer. Our team will gather police reports, photographs, medical records, and witness statements to build a record that reflects what actually happened and to keep your assigned share of fault as low as possible.
This rule applies across the case types we handle for our Smyrna clients, including collisions on the road and hazards on commercial property. A store owner who leaves a wet floor unmarked, for example, may try to argue that you should have noticed the hazard yourself. We will work to counter these arguments with clear evidence and will advocate for a fair resolution on your behalf.
When Can Plaintiffs File a Claim or Lawsuit?
Any time another party is responsible for a person’s injuries, the victim has the right to seek compensation. As soon as the injury occurs, the plaintiff may file suit for damages. However, it is crucial to consult a knowledgeable lawyer to learn the full value of the case. For instance, a severe physical condition may require months of rehabilitation or other medical care. Symptoms can take time to manifest. Those without a legal background may also find it difficult to accurately determine the full economic impact of the accident, including lost income and future earning capacity.
It is also important to remember there is a limited time period for bringing a civil injury claim. According to 10 Del. Code § 8119, potential plaintiffs have two years from the date of injury to file a case in court. For this reason, it is important to reach out to a personal injury attorney in Smyrna as soon as possible to retain one’s right to pursue compensation. Collecting evidence and building a strong case takes time, so injured victims should not delay in seeking legal guidance.
What Damages Can You Pursue Compensation For?
Once fault has been established, the next step is determining the full value of your claim. Compensation in a personal injury case can include your past and future medical expenses, lost wages, and any reduction in your future earning capacity if your injuries prevent you from returning to the same type of work.
It can also include compensation for pain and suffering and the loss of enjoyment of activities you valued before your injury. Because these damages are not always easy to calculate on your own, we will review your medical records and consult with specialists when needed to place an accurate value on your claim before we present it to an insurance company or, if necessary, to the court.
If your case proceeds to litigation, it will typically be filed in the division of Delaware Superior Court that serves Kent County. Our firm will handle every stage of that process, including deadlines, discovery, and settlement negotiations, so you can focus on your recovery. Because Doroshow Pasquale Krawitz & Bhaya also represents workers who are hurt on the job, our lawyers are well positioned to recognize when a workplace injury may give rise to a separate personal injury claim against a negligent third party, such as an equipment manufacturer or an outside contractor, in addition to any workers’ compensation benefits you may receive.
Why Local Experience Matters
Every county in Delaware handles filings and scheduling a little differently, and insurance carriers often adjust their tactics depending on where a claim originates. Because our personal injury attorneys regularly handle cases for Smyrna residents, we understand the practical steps involved in moving a claim forward in this area.
From the medical providers who commonly treat local accident victims to the documentation insurers expect to see early in the process, we will keep you informed at each stage, answer your questions in plain language, and make sure you are never left guessing about what happens next.
Speak With a Compassionate Smyrna Lawyer About Your Personal Injury Case Today
It is important to be proactive in getting legal help after any incident involving a personal injury. Insurance companies may pressure unrepresented victims into signing away their rights before their cases are fully developed. In other situations, injured people may wait too long after an incident to come forward and lose their right to demand compensation.
A Smyrna personal injury lawyer can explain the relevant laws, gather evidence concerning your injury, build powerful cases against liable defendants, and demand the payments that you need to set things right. The attorneys at Doroshow Pasquale Krawitz & Bhaya have a track record of securing fair compensation on behalf of injured victims, many times without even needing to go to court. Reach out to our office today to get started.