Delaware Personal Injury Attorney

How Our Team Can Help You Find a Personal Injury Lawyer in Delaware

The Goldwater Law Firm has a long history of results. We are an award-winning law firm that puts clients first. We know you need a strong payout in your case and want to help you get it. You can expect our team to treat you with empathy, respect, and compassion.

As one of the country’s most widely recognized law firms, we have built strategic partnerships with firms nationwide. These law firm partners serve as co-counsels for clients in all 50 states, including Delaware. We also have a strong network of experts and specialists we can call on to support your case.

All our law firm partners work based on contingency. You will never need to pay upfront for representation. We can answer your questions about how this works, and our co-counsel will explain their fees in detail during your first conversation with them. Contact us today to get started.

Learn How a Personal Injury Lawyer Handles Negligence Cases

The Goldwater Law Firm’s co-counsels in Delaware can help clients with a wide range of negligence cases. Some of the most common are traffic accidents. These accidents could include:

Car Accidents

In auto accidents, Delaware law holds the driver responsible for causing the accident liable for any injuries or damages. Our co-counsels can help victims file a claim with their own insurance company, pursue a third-party claim against the at-fault driver’s insurer, or initiate a personal injury lawsuit.​

Most people with serious injuries will want to pursue a fault-based claim for pain and suffering damages, which are not paid through the state’s required personal injury protection (PIP) coverage.

Additionally, Delaware follows a modified comparative negligence rule, which could limit the payout if the victim contributed to the accident. If their fault exceeds 50 percent, they cannot recover any damages.

Truck Accidents

Truck accidents can cause severe injuries, leading to large payouts in these cases. This can make it more difficult to negotiate fair compensation for your injuries after a commercial truck crash than in other types of traffic accidents. Delaware does not cap payouts on personal injury damages, allowing you to seek full compensation.

​However, you will want to work with an attorney to manage communication with the corporate insurance carriers and the trucking company, which is generally liable for most of these collisions.

Motorcycle Accidents

When another motorist causes a motorcycle crash, the motorcyclist often suffers serious injuries. Delaware law allows victims to file a claim or lawsuit against the at-fault driver and seek compensation. Our co-counsels represent injured bikers in these cases, fighting for the payout they need to pay for their current and future care, income losses, and other damages.

Delaware Trauma Centers Provide Comprehensive Care for Serious Personal Injuries

Some types of negligence accidents can cause severe or even catastrophic injuries. Victims could require emergency stabilization, assessment, and treatment. The best option for care is likely one of Delaware’s trauma centers, which include:

• Christiana Hospital in Newark, Delaware’s only adult Level I trauma center
• Nemours Children’s Hospital, Delaware, in Wilmington, the state’s only Level I pediatric trauma center

In addition, there are numerous Level III facilities across the state that can provide resuscitation, assessment, and stabilization. They often have transfer agreements for the Level I facilities for patients who need higher-level care. Once stabilized, the patient is transferred via ambulance or medevac airlift.

Some of the injuries that might require trauma center treatment include:

• Loss of vision or hearing
• Severe burns
• Amputation
• Traumatic brain injuries (TBI)
• Spinal cord injuries
• Serious fractures or crush injuries
• Organ damage
• Severe nerve damage
• Gunshots or stabbing injuries
• Serious lacerations

What Damages a Personal Injury Lawyer Will Pursue in My Delaware Case

The recoverable damages in a Delaware personal injury case depend entirely on how your injuries affected you and your daily life. You can seek and secure a payout for your related injuries, costs, and losses. Your attorney will document them and develop a strong argument to recover fair compensation for you.

As a part of this process, they will uncover a wide range of effects your accident and injuries had on your life. This allows them to pursue the appropriate types of damages for your case:

Economic Damages

These are the tangible expenses and losses that occurred or are likely to happen in the future. Some examples include:

• Medical expenses for past and future care
• Rehabilitation, care, and support costs
• Lost income, both currently and for future earning capacity
• Property damages for vehicle repairs and personal item replacement costs
• Out-of-pocket expenses with receipts

Non-Economic Damages

These are the intangible costs you suffered because of your accident and injuries. They include:

• Pain and suffering
• Emotional distress
• Loss of quality of life
• Trauma, anxiety, and depression
• Other intangible losses

Wrongful Death Damages

When a victim dies from injuries that occurred in a negligence accident, their surviving family members can hold the at-fault party accountable through a wrongful death action. Under 10 Del. Code § 3724, the following family members can file a Delaware lawsuit:

• The spouse of the deceased
• Any children of the deceased
• The parents of the deceased
• Siblings of the deceased
• Other relatives or anyone financially dependent on the deceased

These family members can pursue economic and non-economic damages based on the expenses and losses endured. These losses could include:

• Medical expenses from their accident injuries and treatment
• Funeral expenses and burial costs
• Loss of their expected future earnings
• Loss of benefits they provided, such as health insurance or retirement benefits
• Loss of services they provided
• Loss of companionship, care, and guidance
• Emotional distress of surviving family members

How an Attorney Navigates the Personal Injury Claims Process

When you work with one of our co-counsels in Delaware to pursue compensation based on your case, they will navigate the process on your behalf. You can focus on getting treatment and completing rehabilitation while they manage your legal case. Some of the steps they may take on your behalf include:

Investigating and Collecting Evidence

An attorney can build a compelling case for compensation by:

• Gathering accident reports, medical records, and witness statements
• Obtaining surveillance footage, photos, and expert evaluations
• Analyzing the available insurance policies to determine your options
• Organizing the evidence into a strong argument to show negligence and liability

Establishing Liability

Identifying all potentially liable parties is crucial in the personal injury claims process. Only once an attorney understands the cause of your accident and has evidence to show what happened can they identify the liable party or parties and determine how they will apply Delaware’s negligence laws to recover compensation in the case. This is when the lawyer develops a legal strategy to win a payout.

Documenting Damages

Your lawyer will calculate your economic losses, including your medical care and lost income. Then, they will consider your future expenses and losses, as estimated by experts. Lastly, they will determine a fair settlement range for your non-economic pain and suffering, emotional distress, and related losses. These steps allow them to understand better what a fair settlement range might look like.

Filing an Insurance Claim

Most insurance claims come in the form of a demand letter that outlines liability and damages. The insurance adjuster reviews the case and may begin settlement negotiations quickly. Many personal injury cases settle through a negotiated agreement.

Filing a Lawsuit When Necessary

Your attorney will file a lawsuit and navigate the litigation process when necessary. If legal action is needed, a two-year statute of limitations often applies. This is set by 10 Del. Code § 8119. Missing this deadline could bar you from taking legal action in the case.

Negotiating a Settlement or Preparing for Trial

Mediation or settlement talks could lead to an agreement even after filing a lawsuit. Many lawsuits do not go to trial. However, if there is no agreement, your lawyer will proceed to trial with your case.

Collecting Compensation

When you win a settlement or verdict in your case, your lawyer will ensure you receive your payout in a timely manner. They are also getting paid from this check, so you can trust them to manage this process efficiently.