Delaware Injury Law Blog

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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DE 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 ›

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What 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 ›

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How 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 ›

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What 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.

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How 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 ›

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What 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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Can I recover damages if I wasn’t wearing a seat belt?

There's no question that seat belts are life-saving safety devices. In fact, seat belt use saved an estimated 14,668 lives in 2016 alone, according to the National Highway Traffic Safety Administration (NHTSA). Research has shown, time and time again, that wearing a seat belt is one of the most effective ways to prevent serious accident-related injuries and deaths. More ›

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What should I keep in my vehicle in case I'm in an accident?

Most people don't expect to be involved in an auto accident while going about their daily business, despite the fact that car crashes are far from rare. In fact, more than 37,000 people are killed—and an additional 2.35 million are injured—in auto accidents each year in the United States, according to the Association for Safe International Road Travel (ASIRT). More ›

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Delaware Motorcycle Helmet Laws

Did you just get a new motorcycle or are you a motorcycle enthusiast who recently moved to Delaware? Learn about Delaware's motorcycle helmet laws here. More ›

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Can I sue for additional compensation if I'm not satisfied with my settlement?

Faced with mounting medical bills, immediate and long-term recovery costs, property damage, and ongoing physical pain and emotional suffering, many accident victims are eager to receive a settlement that can help them heal and get their lives back to normal. However, in personal injury cases speed can be an enemy of justice. Accepting a settlement offer too quickly, or without consulting with a knowledgeable and experienced personal injury attorney, can result in you receiving a financial award that doesn't provide the compensation you need and deserve. Some accident victims may even assume that they can sue for additional compensation if their settlement doesn't meet their needs. Unfortunately, this isn't the case. Accident victims are almost always prohibited from suing the same person or party for the same issue, even if they feel they didn't receive an adequate or appropriate settlement amount. However, there are a few notable exceptions. Read on to learn more. More ›

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Can I still bring a claim if the accident was my fault?

No. In Delaware, if your actions constitute more than 50% of the fault, then you will not be compensated. If your percentage of fault represents 50% of less of the total fault, you may be compensated, but your compensation is reduced by the percentage of your fault.

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Can my employer fire me for filing a workers' compensation claim?

More than 4.1 million workers sustain serious work-related injuries each year in the United States, according to the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA). After an on-the-job accident, injured workers may face significant physical and financial challenges. Oftentimes, Delaware workers' compensation benefits can help alleviate some of the financial stress associated with a workplace injury. However, injured workers are sometimes hesitant to file a workers' compensation claim, fearing that doing so will jeopardize their employment. More ›

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What are the car insurance requirements in Delaware?

While every state requires drivers to carry auto insurance, each state is free to set its own mandates for type of coverage, monetary limits, penalties for lack of coverage, and other issues related to auto insurance. More ›

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What compensation can I seek after an accident in Delaware?

After an accident or injury, victims often have many worries. Usually, their main concern is their health. Receiving proper medical care and therapies to support recovery should be the most important focus. However, the injuries and that treatment can leave an accident victim unable to work. Faced with a loss of income and mounting medical bills, victims are often worried about how they will meet their financial obligations. During what is already a difficult time, victims should not have to worry about whether they will be able to continue to receive medical care or wonder how they will support their families until they can return to work. To that end, the state of Delaware allows victims to file a personal injury claim against those responsible for their accident and resulting injuries. These claims seek compensation to help victims and their families to receive appropriate medical treatment and continue to live a stable, secure life. More ›

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