Car Accident Attorney in Newark, DE

Car accidents can be terrible situations. While we hope that the vehicle takes the brunt of the force, every case is different. Cars can be totaled. People can be injured. If you find yourself in a car accident, you probably want to know how to protect your rights and possibly file a claim in order to recover damages for your suffering. If you are the victim of a car accident, you probably want to clarify some issues, and speaking with an attorney is recommended. Contact MW&M for a consultation.

Delaware is an “at-fault” state. What does that mean?

Delaware is an “at fault” state, also known as “tort liability” state.  After a car accident, the driver responsible for the wreck is mostly liable for the financial burden of the victim. These may include personal injury or vehicle damages. As a victim, you have options. In Delaware, you may turn towards your insurance company and make a claim or file a claim directly with the “at fault” driver’s insurance company. You may also go to court and file a lawsuit for personal injury.

What is contributory negligence mean?

Delaware follows a doctrine called contributory negligence. This means that fault is assigned, but one’s entitlement to compensation can be impacted. According to contributory negligence, if you are at all responsible for the accident, the compensation you receive will directly correlate to the percentage of fault. In Delaware, if you are found to be over 50% liable for an accident, you will likely be barred from any entitlement to damages.

What is Personal Injury Protection?

Delaware also has a form of “no-fault” insurance called Personal Injury Protection (PIP). This does not limit anyone from the liability of a lawsuit. It protects you from the financial burden of waiting for the outcome of a lawsuit or settlement. PIP pays the holder’s medical bills and lost wages up to your PIP policy limit. While PIP will support you after an accident, an attorney can protect your rights through the process and if you need to file a personal injury lawsuit.

Is there a time limit to file a lawsuit?

In Delaware, you must file a lawsuit for personal injury within two years of the accident. There is no statute of limitations to filing a claim with your insurance. Most insurers will have this information written in the policy. It is important to act quickly to protect your rights and save you from the financial impact on your future.

Do I have to go to court and how long will my case take to resolve?

Cases in Delaware could be settled in months, but there are times when a deeply contested case goes to trial and takes years. You may not necessarily have to go to court. The stronger the case, the less likely you will have to go to trial in order to get compensated. Problems arise when there is a disagreement about who is responsible and at what percentage they are responsible. With the help of an experienced attorney, you can develop a legal plan that effectively meets your needs.

What damages are recoverable in Delaware?

There are two categories of recoverable damages.  The first category is economic loss. Assuming the car accident wasn’t your fault, this includes property damage, wage loss, medical bills, and future loss of income. Pain and suffering, also known as non-economic damages are more complicated damages to pursue. You have the right to recover for your pain and suffering if the car accident was not your fault.  This doesn’t only mean the pain and suffering that you went through. It also means how your quality of life was affected, how your day-to-day life changed and will change in the future, as a result of the accident.

Contact an experienced car accident attorney

If you have been in a car accident and it was not your fault, it is important to consult with an attorney before any interaction with the other party’s insurance company. Always contact the police and get the medical care you need. When suffering the impact of a serious injury, contact our firm to assess the case, guide you through your legal options, and zealously represent you in court. Contact MW&M for a free consultation to discuss your situation.