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Join us on LinkedInShowing 114 posts by Keith E. Donovan.
What Is Comparative Negligence?
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 ›
ShareWhat 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 ›
ShareWhat 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 ›
ShareWhat 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 ›
ShareWho pays my bills/lost wages?
Medical bills and lost wages resulting from your injuries caused by an accident can be significant. When you are involved in a motor vehicle accident while in a Delaware insured car, your medical bills and wage loss are paid by the automobile insurance covering the care you are occupying – regardless of which driver is at fault. This coverage is known as Personal Injury Protection (PIP) coverage, and is also referred to as no-fault coverage. More ›
ShareWhat if there is a death from an accident?
When a person loses their life as the result of someone else’s fault, Delaware law allows for the filing of a wrongful death claim. There are two parts of the claim. The first part is called a “survival” action. This type of action allows the decedent’s estate to make a claim for the decedent’s pain and suffering (but only if there was conscious pain and suffering before death), medical bills, lost wages, and funeral expenses. Damages paid to the estate will flow through to the beneficiaries of the estate. The second part of the claim is brought under Delaware’s Wrongful Death Statute. This statute allows for compensation to certain members of the decedent’s family. More ›
ShareFor what might I be able to seek financial compensation?
Personal injury cases are often as unique as the parties involved, which makes it difficult for us to say exactly which damages a potential client could be entitled to pursue without first discussing the particulars of their situation. However, learning about common types of personal injury cases and the damages sought can provide valuable insight to accident and injury victims who are considering exploring their legal options.
ShareWhat to Do if a Child Was Injured in a Car Accident
Children are particularly vulnerable to injury in the event of an accident. Learn about common child car crash injuries and how to seek help for them here. More ›
ShareDelaware Car Accident Statistics
Car accidents are a common occurrence in Delaware. These statistics give you an idea of the scope of the problem, and tell you how to seek help for injuries. More ›
ShareDE Wrongful Death Statistics
Wrongful death cases are more common than most people realize. Learn facts and statistics about wrongful death cases, both in Delaware and across the U.S. More ›
ShareWhat are "damages"?
Money paid to anyone injured (or damaged) in an accident is commonly referred to as “damages.” A motor vehicle accident often results in various forms of damage to an individual. Your claim for money damages may include some or all of the following forms of damages: More ›
ShareHow is an award or settlement determined in a personal injury case?
If you were injured in an accident, you may be facing unforeseen medical bills, and a long and painful physical, mental, and emotional recovery. Under the circumstances, it is understandable that you have questions about whether you can be compensated for your injuries and, if so, how much of a settlement offer can you expect. However, in all the years the members of our firm have worked in injury law, we've learned that personal injury cases can be as different as the parties involved, which makes it difficult to say how much you could stand to be compensated without first meeting with you to discuss your case. Fortunately, learning more about settlements and the types of damages you can seek can provide valuable insight to accident victims who seek a legal remedy. More ›
ShareWhat is Gap Insurance?
One of the most frustrating circumstances is when your car is totaled and the amount owed on your car is greater than the fair market value of your car. The total loss value is paid directly to the finance company, you have no car, and you still owe money on your wrecked car – which is now in the junkyard. This situation can be avoided by obtaining gap insurance at the time of purchasing your vehicle. Gap insurance will literally pay for the “gap” that exists between the fair market value of your car and the amount owed to the finance company.
ShareHow much is my claim worth?
The value of any type of personal injury case involves a variety of factors, including: the type of injury; the frequency of treatment; the length of time the effects of the injury last (any permanent effects?); the impact on the injured person’s activities of daily living; the prior medical history of the injured person; and whether medical expenses and lost wages may be claimed in the case. Taking into consideration all of these factors, the overall value of a case is based upon what juries have awarded in similar prior cases. More ›
ShareWhat if my accident was caused by someone with no insurance?
If there is uninsured motorist (“UM”) coverage available, you will have a claim. Under Delaware law, uninsured motorist coverage applies in four situations: More ›
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