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Clayton E. Bunting

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Showing 94 posts by Clayton E. Bunting.

What to Do If You Suspect the Person Who Hit You Is Drunk

Drunk driving continues to be a serious problem in the United States. In 2016, police arrested over one million Americans for drunk driving. That is only 1% of the 111 million self-reported incidences of drunk driving. Just over 10,800 people died in alcohol-related crashes in 2017. More ›

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My workers' compensation claim was denied, what now?

For injured workers, having a workers' compensation claim denied can be confusing, frustrating, and maybe even a little bit scary. Fortunately, a denied claim is not the end of the road for workers seeking compensation for injuries sustained in the workplace. Delaware's workers' compensation laws give claimants multiple opportunities to appeal if their claim is denied.

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10 Mistakes People Make After a Car Accident in Delaware

Car accidents can leave victims shaken, confused or in shock. Despite having just gone through an incredibly jarring experience, crash victims must be particularly careful of what they say and do after an accident, as their behavior will be thoroughly dissected by insurance adjusters and defense attorneys. Learning what not to do after a Delaware car accident can help car crash victims avoid common mistakes that could damage their personal injury insurance claim or lawsuit. Let's review 10 common mistakes you should avoid after a car accident. More ›

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What is Gross Negligence?

Not all negligence is created equal. Under Delaware's personal injury law, there are different types of negligence. If you were a victim of the more severe form of negligence—known as gross negligence—you may be entitled to additional damages. More ›

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Why was my workers' compensation claim denied?

People injured on the job in Delaware may be eligible for workers' compensation benefits such as coverage for medical expenses, and temporary partial or total disability payments. However, not all workers' compensation claims are approved. Read on to learn some of the most common reasons insurance companies give for denying workers' compensation claims, as well as how an attorney can help injured workers fight for the benefits they need and deserve. More ›

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How long do I have to file a claim in a personal injury lawsuit?

Most states have statute of limitation laws that place limits on how long an accident victim has to file a civil claim, such as a personal injury lawsuit. In Delaware, the statute of limitations for personal injury claims is two years, meaning that the lawsuit must be filed within two years of the date the accident—and the related injuries—occurred. Accident victims who fail to file a lawsuit within the two-year statute of limitations risk having their case dismissed.

There can be exceptions—the statute of limitations may pause, or “toll,” if the victim was mentally incompetent at the time of the injury. In this case, the time limit for filing a personal injury lawsuit extends to three years after the disability ends. More ›

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Reporting a Car Crash in Wilmington Delaware

Posted In Car Accidents

Reporting a car crash to the police and the insurance company protects you and bolsters the integrity of any related insurance claim or lawsuit you might file. More ›

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What is a settlement and what are some of the pros and cons of accepting one?

A settlement is an official agreement that resolves a personal injury claim or lawsuit before it goes to trial, allowing both parties to avoid the potentially lengthy and somewhat risky litigation process. In the United States, the vast majority of personal injury civil lawsuits never see the inside of a courtroom and are, instead, resolved via a negotiated settlement. More ›

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Is it possible to make a financial recovery for pain and suffering in a Delaware wrongful death case?

Posted In Wrongful Death

Delaware law gives the surviving spouse, children, parents, or siblings of those killed in accidents caused by the negligence of another person or entity the ability to file a wrongful death lawsuit and seek compensation for economic and non-economic losses related to their loved one's death. Which of these relatives has a claim depends on who else has a claim. Examples of wrongful death damages include: More ›

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How do I obtain a car accident police report in Delaware?

Posted In Car Accidents

When police are summoned to a car crash, the responding officer talks to those involved, surveys the scene, and completes an accident report. This report usually contains the opinions of the investigating officer, as well as detailed information about the accident, including: More ›

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What Is Comparative Negligence?

Posted In Car Accidents

Comparative negligence is a legal doctrine that can be used to the advantage of both the plaintiff and defendant in personal injury cases. The law allows potential plaintiffs to file a personal injury lawsuit and pursue compensation for damages—even if they were partially at fault for their injuries—but may also be deployed by the defense in a bid to reduce their financial responsibility to the victim. Thus, comparative negligence can either be seen as a saving grace or a wrench thrown into the works, depending on your culpability in the accident that caused your injuries. More ›

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What do I do at the scene of a motorcycle accident?

Motorcycle accidents can have serious physical and financial consequences for motorcyclists. If you are injured in a motorcycle accident caused by someone else's negligence on the road, you may be entitled to compensation for your injuries and other damages. More ›

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What happens to my workers' compensation claim if the company I was working for goes out of business in DE?

An on-the-job injury can temporarily—and sometimes, permanently—put construction workers out of commission. When this happens, workers often rely on workers' compensation benefits to help make ends meet. More ›

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What about my car and my property damage?

Your property damage claim can be presented to either your insurance carrier (if you have collision coverage) OR to the insurance carrier of the party responsible for causing the accident. You decide which insurance carrier you prefer to handle your property damage claim. Whichever insurance carrier handles the claim will arrange for an estimate of the damage to your car. Typically, if the estimate of repair is 80% or less than the total value of the car, the repairs will be made. More ›

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cbunting@morrisjames.com
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