Wilson A. Gualpa

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

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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Four Key Aspects of a Personal Injury Case

If you were injured in an accident and are considering taking legal action, understanding the key aspects of a personal injury case can be helpful. 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?

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?

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?

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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Who 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 ›

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What 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 ›

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For 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.

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What 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 ›

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Delaware 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 ›

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