Delaware Car Accident Attorney

Recovering Compensation With the Help of a Delaware Car Accident Lawyer

Under Delaware law, injured crash victims have options for pursuing compensation after a crash. When they file a fault-based claim or lawsuit, they may qualify to recover both economic and non-economic damages. These damages include:

• Medical Expenses: Past and future costs for treatment, hospitalization, surgeries, medications, rehabilitation, and therapies
• Lost Income: Compensation for lost pay due to injuries and treatment
• Future Income Losses: Compensation for the loss of earning capacity if there are lasting injuries
• Property Damage: Repairs or replacement costs for a damaged vehicle and other personal property
• Out-of-Pocket Expenses: Other costs related to the accident, injuries, or treatment, with receipts
• Pain and Suffering: Compensation for physical pain and emotional distress
• Trauma: Anxiety, PTSD, depression, or trauma caused by the accident
• Loss of Quality of Life: Compensation if injuries prevent participation in hobbies, family life, or other previous activities

Wrongful Death in a Delaware Car Accident

If your family member died from car accident injuries, our law firm partners may be able to help you secure compensation for your family. An attorney can help you understand your options and explain the types of damages recoverable in these cases.

Our Firm Works With Law Firm Partners to Serve Car Accident Victims

The Goldwater Law Firm has built strategic partnerships with other firms to ensure injured crash victims can get the representation and advocacy they need in all 50 states. The co-counsel we work with for Delaware car accident cases can help you understand your rights, build a case, manage the insurance carriers, and pursue maximum compensation for your damages.

Our firm has a reputation for results and always puts our clients first. We expect the same from our law firm partners. We know you are scared and angry and want justice. We understand and will not sit back and let irresponsibility go unchecked.

We can connect you with a law firm partner, many of whom are among the country’s largest and most successful law firms. They will take on your case based on contingency, never charging upfront fees or tracking the hours they put into your case. You will only pay if you win compensation. Contact us today to get started.

An Injury Lawyer Knows How to Build a Robust Car Accident Case

At The Goldwater Law Firm, our law firm partners know what it takes to recover compensation in a Delaware car accident case. They can review your options with you and explain fault and liability.

Generally, motorists involved in a crash have three options for seeking compensation after one of these accidents:

• Their own personal injury protection (PIP) coverage, required under state law
• The at-fault driver’s auto liability coverage, also required by law
• Suing the at-fault driver in a civil court

When a driver causes a collision and the victim suffers significant injuries, they may quickly exceed their own PIP coverage or sustain non-economic damages that are not covered by this policy. This leads them to pursue a fault-based case, which means gathering evidence to show what happened and how the other driver caused the crash.

Other drivers make mistakes behind the wheel, which is the most common reason accidents occur. Some examples include:

• Rear-end crashes from following too closely or failing to stop
• T-bone crashes that occur in intersections
• Rollover crashes that can cause serious injuries
• Head-on collisions, which may occur because of crossing over the centerline or going the wrong way
• Side-swipe accidents when one vehicle merges into another’s lane

Sometimes, careless and reckless drivers are engaged in other activities or have contributing factors in these accidents. These factors could include:

• Drunk or drugged driving
• Distracted driving, often texting or talking on the phone
• Drowsy driving or falling asleep behind the wheel
• Speeding or other aggressive driving

In almost every crash case, one driver violated traffic laws and caused the accident. If this happened to you, Delaware law allows you to hold that driver legally responsible for their actions.

What If the At-Fault Driver Accused You of Causing the Accident?

Often, at-fault drivers and their insurance carriers will try to pay less by accusing victims of sharing in fault for an accident. If this happens to you, you will want an attorney on your case as soon as possible. They will work to mitigate these claims. This is important because it protects your right to a full payout.

Under 10 Del. Code § 8132, the state follows a modified comparative negligence rule. Victims can recover compensation if they are 50 percent or less liable for a collision. However, their payout is reduced based on the proportion of fault assigned to them. This could significantly affect your financial recovery.

Your Accident Lawyer Understands How Serious Car Crash Injuries Can Be

Traffic accident injuries can vary widely in type and severity. Some common types of car accident injuries include:

• Whiplash
• Concussions and traumatic brain injuries
• Broken bones
• Neck, back, and spinal cord injuries
• Serious cuts and lacerations
• Internal organ injuries
• Soft tissue injuries (sprains, strains)
• Burns and scarring
• Limb injuries, including crush injuries and amputations

Some injuries are so serious that they require specialized treatment at a trauma facility. Delaware has one adult and one pediatric Level I trauma center. This includes:

• Christiana Hospital in Newark
• Nemours Children’s Hospital, Delaware, in Wilmington

These facilities provide comprehensive care for severe injuries. ​If you or your child suffered serious injuries in your crash, you may have received treatment at one of these hospitals. The costs of the medical attention and therapies offered at Level I trauma centers can be overwhelming, but they offer the best option for reaching maximum medical improvement based on your injuries.

Your Lawyer Will Investigate Your Crash and Build a Compelling Claim

An attorney can investigate what caused your crash, gather evidence to show what happened, and identify the liable party or parties. They will work to build a compelling case that convinces the at-fault driver’s insurer to pay fair compensation or risk going to court.

They may provide evidence in the case that includes:

• Police reports and other official documentation of the accident, including officer observations and any citations issued
• Eyewitness testimonies from bystanders, passengers, or other drivers confirming how the accident occurred
• Pictures of the vehicle damage, skid marks, traffic signals, road conditions, weather conditions, and injuries
• Surveillance footage from nearby businesses, traffic cameras, or dashcams capturing the accident
• Accident reconstruction reports that include expert analysis of crash dynamics, vehicle speeds, and impact forces
• Relevant medical records and other documentation of injuries from the accident
• Weather and road conditions reports, including information on visibility, road hazards, and weather at the time of the crash
• Documentation of damages, including medical bills, income statements, and receipts

If you have any questions or concerns, our co-counsels will address them and update you on your case’s status. You will not be alone through the claims process.

Deadline for Suing the At-Fault Driver

States set deadlines for filing personal injury lawsuits based on car accidents. In Delaware, this is set by 10 Del. Code § 8119. This statute of limitations usually gives you two years from the accident date to file your paperwork and begin a lawsuit based on your injuries. A similar deadline will likely apply in a wrongful death action.

Some circumstances could call for different deadlines to apply or for you to have more or less time to act. However, you want to have an attorney on your case as soon as possible after your accident. They will protect your rights and advocate for your best interests. They can collect evidence before it is destroyed and witness testimony before memories fade.