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Personal Injury - Frequently Asked Questions
- Personal Injury General Questions
- Hiring a Lawyer
- Morris James PI Group
Personal Injury General Questions
Under what circumstances am I able to recover damages as a result of an accident in Delaware?
If you have been injured through the fault of another person or company, you have the right to bring a personal injury claim.
If I am partially at fault for the accident, can I still bring a claim?
Delaware law allows you to bring a claim so long as your fault is equal to or less than that of the other responsible parties. If your actions constitute more than 50% of the fault, you may not recover. If your actions represent 50% or less than the total fault, you may recover, but your damages are reduced by the percentage of your own fault.
What sort of cases are included in personal injury?
Any kind of accident that is caused by the negligence of another party and causes damage or death to a person falls within a personal injury claim. The most typical types of personal injury actions arise from automobile accidents, motorcycle accidents, truck accidents, slips and falls on commercial properties, and product defect cases. The attorneys in the personal injury group at Morris James Personal Injury Group focus their practice on these types of cases. By focusing on these types of cases, our attorneys are extremely familiar with the controlling laws applicable to Delaware personal injury cases. The lawyers in the Morris James Personal Injury group are well known to the insurance companies, their adjusters, and attorneys. Our attorneys have the reputation for being willing and able to try cases before juries and have been very successful. The insurance companies are well aware of this success. For these reasons, with the Morris James Personal Injury Group, you get more than advice, you get an advantage.
What is uninsured/underinsured motorist coverage?
Under Delaware law, uninsured motorist coverage applies in 4 situations. Uninsured coverage applies where 1) the at-fault driver has no liability insurance; 2) the insurance company insuring the at-fault driver has gone insolvent; 3) the insurance company for the at-fault driver denies coverage; or 4) the accident was caused by a hit and run driver.
Underinsured motorist coverage applies when the value of your personal injuries is greater than the at-fault person's insurance coverage and your underinsured motorist coverage is greater than the at-fault person's coverage.
In Delaware an insurance company must properly offer uninsured/underinsured motorist coverage to you in an amount equal to the amount of your liability coverage. If the insurance company has failed to make a proper offer, the uninsured/underinsured coverage can be increased even after the accident. Our attorneys are well versed concerning these types of cases known as Reformation Actions (to reform your automobile insurance coverage to a greater amount).
How much is my case worth?
How much a case is worth involves a variety of factors, including the type of injury, the frequency of treatment, the duration of pain and disability from of the injury, the effect on the injured person's activities of daily living, the prior medical history of the injured person, and whether medical expenses and lost wages can be claimed in the case. Our lawyers thoroughly evaluate each case in order to advise our clients of the settlement range they can expect to receive.
Jury results are often unpredictable. In Delaware , no one may suggest to a jury the value of a case. Juries are only instructed to use their common sense and arrive at a fair award. With this little information, juries decide cases and value. Accordingly, the value of jury verdicts for similar kinds of cases vary widely. The jury of 12 must be unanimous and they, like you, bring their own bias and prejudices to the decision which can help or hurt you.
What if the accident is caused by someone who has no insurance?
As long as you have uninsured motorist coverage, you are protected, as if the uninsured at-fault driver had coverage.
What if I am hit by a driver who flees the scene of the accident?
If you suffer injuries as a result of the actions of a hit and run driver, you can recover for your injuries if you have uninsured motorist coverage and there is a police report of the accident. A hit and run driver is treated as an uninsured driver and that coverage applies in a hit and run situation.
Will I have to go to court?
The choice to go to a trial is yours. Most cases settle out of court. Our Personal Injury attorneys, based on their reputation with the insurance industry, are prepared to try cases, but are usually able to successfully resolve a case prior to trial. In the event a trial is required, our attorneys will spend the time necessary to prepare you for that trial.
How long do I have to bring a case?
You must file your injury case within Delaware's Statute of Limitations. In general, a personal injury claim must be brought within 2 years of the date of the accident. There are some exceptions requiring that certain defendants, such as governmental entities, be given notice of your personal injury claim within one year. If you are injured, you need to consult with an experienced personal injury attorney as soon as possible to avoid common mistakes that can have adverse consequences on your case.
How is a decision made regarding whether to accept a settlement offer or go to trial?
Our attorneys talk with each client to review the pros and cons of any settlement offer. Our job is not to make the decision, but to educate you about the pros and cons of your case and the likely outcome. Given our experience, we are able to provide you with the information necessary to help you make your decision.
Will I hurt the person I am suing by bringing a personal injury claim?
People generally are not interested in hurting the person who caused the accident, but want fair compensation. Most personal injury claims are handled by the at-fault person's insurance company and paid for by the insurance company.
Do I still have a claim if my medical bills and lost wages have been paid?
Under Delaware law, when a person is injured in an accident, their medical bills and lost wages are generally paid by their own insurance company under the Delaware No-Fault Law. An insurance company cannot raise its rates if a no-fault claim is made. Any expenses paid under the No-Fault Law cannot be awarded in a settlement or trial against the at-fault person. However, the injured person can still collect compensation for pain and suffering and for those expenses not covered by no-fault.
What is PIP (Personal Injury Protection) coverage?
Personal Injury Protection coverage, referred to as PIP or no-fault, is a first-party coverage that is required to be carried on every Delaware registered insured motor vehicle. Delaware law requires that at a minimum, each automobile or truck carry $15,000.00 per person/$30,000.00 per accident coverage.
PIP coverage applies to all occupants of a car. It also generally applies to any relative of your household who is in an accident in a car that does not have no-fault coverage. If you are a pedestrian or on a bicycle and are struck by a car, you are entitled to PIP coverage from the striking vehicle.
The Statute of Limitations for a PIP case is three years. However, all medical bills and requests for wages must be submitted to the insurance company within 27 months of the accident.
Who pays my medical bills and lost wages?
In an automobile accident where you are an occupant of a Delaware insured car your medical bills and lost wages are a first-party benefit under the PIP coverage. PIP pays for all medical bills and net lost earnings for the two-year period following the accident or up to the coverage limit, whichever comes first. To the extent medical bills and wages are not PIP eligible, those items of damage can be collected against the at-fault person's insurance company.
Do not assume that your own insurance company is on your side. Your own insurance company may challenge your rights to medical bill and lost wage coverage by sending you to their doctor to conduct an examination to determine whether that doctor thinks you should continue to have treatment or if you can return to work. If the insurance company doctor writes a letter that conflicts with your own doctor's view, your insurance company will terminate your PIP's benefits. We will help you fight your own insurance company. Our attorneys frequently file lawsuits against your insurance company to get your lost wages and medical bills paid.
Can you recommend a doctor to me to treat me for my injuries?
Yes. We would prefer you to seek and continue treatment with your own doctors. However, if you do not have a doctor or your existing doctor does not wish to continue to treat you, we can provide you with the names of other health care providers.
What does PIP cover?
Up to the limits of coverage, PIP pays all medical bills and net lost earnings incurred within the first two years of the accident. If you are required to have someone to perform substitute services (i.e., cleaning or yard work) because of the accident and your doctor writes a prescription for this, substitute services are covered. In the case of a death, PIP provides a funeral benefit in the amount of $5,000.00. Benefits may be extended beyond two years for purposes of surgical expenses.
Hiring An Injury Lawyer in Delaware
How should I choose a personal injury lawyer?
Do a background check on the lawyer. Does the lawyer focus his or her practice on personal injury cases or is the lawyer a jack-of-all-trades? The Morris James Personal Injury attorneys practice exclusively in personal injury and automobile insurance law.
If the lawyer does focus his or her practice on personal injury, ask them if they take cases to trial. (You want to be assured that your attorney has the reputation with insurance companies that he or she will take the case to trial, if that is the best method to achieve the best possible results for a client.) Our attorneys try cases.
Do I need an attorney to handle my personal injury claim?
Every insurance company involved in a personal injury claim, yours and the other side's, has one goal. That goal is to pay you as little as possible to resolve all of your claims. The insurance company has at its disposal experienced adjusters, investigators, and defense attorneys. Their goal is directly the opposite of yours. You need an effective, experienced Personal Injury attorney to protect your interests.
When should I hire a personal injury attorney?
An experienced, effective Delaware personal injury attorney should be retained as soon as possible. As a person who has no experience in this area, you are at a distinct legal disadvantage against the experienced insurance company personnel. We have had clients who have delayed making contact with us. They have made mistakes that they did not even know they were making, which lead to a disadvantage to their personal injury case. Hire an effective and experienced Delaware personal injury attorney promptly to fight the experienced insurance company on the other side.
MORRIS JAMES PERSONAL INJURY GROUP
Why should I pick the Morris James Personal Injury Group over any other law firm?
We are Delaware personal injury attorneys representing clients who are seriously injured in auto accidents, truck accidents, and motorcycle accidents. We also regularly represent clients who are seriously injured as a result of the negligence of business owners.
We have over 80 years of combined trial experience and fight for our clients to be sure they are fully compensated under Delaware law. Our three offices provide convenient access for injured victims who reside in New Castle County, Kent, and Sussex County.
The vast majority of cases we handle are on behalf of individuals who have been injured in motor vehicle accidents in Delaware . Each year, hundreds of new prospective clients ask us to consider handling their cases. Our attorneys are committed to delivering the best results to victims of car accidents and to family members of those who have tragically lost loved ones to fatal car accidents.
Our lawyers have devoted their entire professional careers to handling injury cases. With over 80 years of trial experience, we are able to effectively take you through the often difficult task of dealing with insurance companies. When a negligent driver injures someone in Delaware, the at-fault driver gets the help of his or her insurance company and its investigators and lawyers to try to prevent the injured victim from recovering from available insurance policies. We have a unique understanding of the lengths that insurance companies will go to avoid paying fair compensation to injured victims. Two of our partners spent earlier parts of their careers representing negligent drivers and their insurance companies. We understand how insurance companies operate and we are in the best position to navigate you through the defenses, delays, and roadblocks that will be mounted by the insurance companies.
We are pleased to provide free initial consultations to review and evaluate potential cases. You may contact us via phone or e-mail to set-up an initial consultation. You can also request a consultation by filling out our contact form. We have four locations throughout Delaware; in Wilmington, Newark, and Dover.
Contact MorrisJames Personal Injury Group
302-655-2599 (Wilmington) - 302-368-4200 (Newark) - 302-678-8815 (Dover)
The MorrisJames Personal Injury Group has been helping victims of serious Auto Accidents in Delaware for a combined total of 81 years. We have offices in Dover, Newark, and Wilmington. Contact us today |