Whether you were sitting at a stoplight, making a turn on a residential street, or traveling on a crowded highway, getting involved in a vehicle crash is a scary experience. If another driver behaves negligently and causes you serious injury, there are legal options for pursuing compensation.
The steps you take after a wreck can have a huge impact on the success of your potential civil claim, so it is recommended that you call a Wilmington car accident lawyer to advise you. At Doroshow, Pasquale, Krawitz, and Bhaya, our skilled personal injury attorneys are experienced in fighting for injured people. Let us handle the legal side of things so that you can focus on your recovery. En Español
Elements of Automobile Crash Claims in Wilmington
The backbone of most car collision claims is the legal theory of negligence. For a driver to be held liable for a crash, a hurt person and their lawyer must establish four components of negligence:
- Duty of care—the driver owed a duty of care to the injured person (this element is usually easy to prove, as all motorists assume a responsibility to drive safely and protect others around them)
- Breach of duty—the driver did something inattentive, reckless, or careless that constituted a breach of their duty of care
- Motor vehicle wreck—the breach of duty directly resulted in the traffic crash
- Compensable losses—the crash directly led to compensable losses for the harmed party
In a car crash claim, a Wilmington attorney can help an injured person seek recovery for both economic and non-economic damages. These may include objective losses like medical expenses and auto repair bills and also subjective forms of harm like physical pain and suffering.
Common Issues in Traffic Collision Cases
In many cases, a named defendant in a civil lawsuit might accuse the plaintiff of being partially or completely responsible for their own injuries. This is a common defense to avoid financial liability for a wreck. If a court agrees with this argument, they could reduce a plaintiff’s final damage award by an amount proportional to their degree of fault. If the court assigns the plaintiff 50 percent or more of the total fault for an accident, their case could be dismissed entirely.
Another issue that could lead to a case being dismissed is filing a claim too late. Under Delaware Code Title 10, §8119, anyone who fails to file suit within two years of first discovering a personal injury is ineligible to recover compensation for it. As such, it is crucial to work with a knowledgeable car accident lawyer to ensure that car crash claims are filed on time. The earlier the better; the closer it gets to that two-year mark, the less likely it is that an attorney can offer any meaningful assistance. A Wilmington attorney could help someone with their auto collision claim understand what types of issues may arise when filing.
Speak with a Wilmington Car Accident Attorney Today
Even if the other driver is clearly at fault for your automobile collision, it can still be difficult to obtain a fair settlement or civil court verdict. To get the best chances of success, seek dedicated legal counsel from Doroshow, Pasquale, Krawitz, and Bhaya.
Our attorneys can gather evidence, fight for your recovery, and advise you at every step in the legal process. Call today to speak with a Wilmington car accident lawyer and learn your options for holding the negligent driver accountable.