Putting Our Knowledge to the Test by Addressing Your Personal Injury Concerns

An injury in its own right can produce a lot of questions. Will you be okay? How long will it take to heal? How much will your recovery cost? No doubt as you pursue an injury claim, you’ll have even more concerns and questions. However, that’s where we come in. Come see how our extensive knowledge and dedication to helping our clients can help answer all of your legal questions…and then some.

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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.

    How Auto Insurance Policies Work

    Auto insurance policies are intended to protect all drivers in case of an accident. Accident victims can obtain compensation to heal physically and Hands Held Over a Car Mimicing Car Insurance Policy Protectionsfinancially after an injury, and those responsible can protect their own financial interests. When you pay the premium on an auto insurance policy, the insurance company will cover any damages after an accident, shielding a driver from possible financial ruin. Typically, your auto insurance policy will have a deductible—a specific amount you pay out-of-pocket when your insurer has to pay for an accident. Your deductible can be as little or as much as you specify when you begin your relationship with your insurance company. Typically, a policy with a higher deductible will have a lower premium, or monthly payment.

    Auto Insurance Minimums Required by Delaware Law

    The amount of money your policy is worth can depend on where you live. While it is ultimately up to the insured to decide how large of an auto insurance policy they’d like to purchase, the state of Delaware does require at least minimum amounts and different types of coverage, including:

    • Bodily Injury Protection – This covers the injury or death of another person in an accident. Delaware minimums are:
      • $15,000 to one person
      • $30,000 to all people involved in an accident, with no more than $15,000 to any one person
    • Property Damage – This covers damage to another’s property from an accident, such as a car, personal property inside a vehicle, or any other items that are damaged as a direct result of the accident. Delaware minimums are:
      • $10,000 for one accident
    • Personal Injury Protection (PIP) – In Delaware, regardless of fault, your insurance will pay for medical expenses and lost wages by you and your passengers. Delaware minimums are:
      • $15,000 to one person
      • $30,000 to all people involved in an accident, with no more than $15,000 to any one person
      • $5,000 for funeral expenses

    These amounts are the minimum coverage required, and drivers can, and should, elect to pay for more coverage if they wish. State law does mandate auto insurance coverage, though, and the penalties for driving without insurance can be severe, including steep fines and loss of driving privileges.

    Optional Coverage for Additional Protection for Delaware Drivers

    While the state does not require that drivers carry any additional insurance other than what is stated above, insurance companies do typically offer other types of coverage for a number of situations. These optional coverages can include:

    • Collision – Collision coverage would pay for the damage done to your car in a crash with another object.
    • Comprehensive – Comprehensive coverage would pay for damage from almost any other reason outside a crash, including fire, severe weather, theft, and more.
    • Uninsured/underinsured motorist – Uninsured/underinsured motorist coverage would protect you if you are involved in a hit and run accident or an accident with a driver who does not carry adequate insurance.

    Other optional coverage can include rental car reimbursement, vehicle towing and repair coverage, and underinsured bodily injury coverage.

    Dealing With Delaware Insurance Companies After an Accident

    With respect to auto insurance, Delaware is an at-fault state. This means that when an accident occurs, the at-fault driver is responsible for paying for the accident-related expenses of anyone else involved.

    In many cases the at-fault driver and/or his insurance company will dispute the claim of responsibility in an attempt to minimize the financial consequences. The insurance company will look for any way to keep from paying accident victims the full amount they are due, so it is important for victims to act quickly to protect their rights.

    If you or someone you love has suffered injuries in a Delaware car accident, the experienced lawyers at the Morris James Personal Injury Group can help you work with your insurance company or negotiate with the responsible driver’s to achieve the best outcome possible. Take a moment to fill out our online contact form, and you’ll receive a prompt response from a member of our team who can answer your questions and schedule a free, no-obligation consultation.

     

  • What compensation can I seek after an accident in Delaware?

    Medical BillsAfter 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.

    What Kind of Compensation Can Delaware Victims Obtain?

    To be awarded compensation, victims must show how they have been harmed specifically. There are a number of distinct categories in which the courts can award monetary settlements. These encompass both economic and non-economic damages, including:

    • Medical bills. Any medical bills related to the accident can be covered, including hospital stays, medications, therapies, and even modifications necessary to a vehicle or home.
    • Future medical bills. In some cases, the injury sustained in the accident leads to a long-term health problem or permanent disability. The courts can assess what the victim will likely have to pay over the course of the next many years and award corresponding compensation.
    • Lost income. When the injury prevents a victim from working, the victim can lose valuable income. As with medical bills, a victim can receive compensation for future lost wages as well, should the injury diminish his ability to earn income in the future.
    • Pain and suffering. Pain and suffering compensation falls under the non-economic damages. These damages are intended to offer the victim some coverage for the physical and emotional pain he suffered in the accident and during the course of recovery.
    • Punitive damages. These damages are meant as punishment to the responsible party and to deter future bad behavior.

    For each area, the court will examine the facts of the case and the situation of the victim to determine if they are eligible for compensation. As an example, injured persons who are in a Delaware registered car will probably have access to personal injury protection coverage.People with this coverage will have access to wages and medical bills up to the two year period following the accident. Every case is different, and a skilled Wilmington, DE personal injury attorneys can work with a victim to prepare a comprehensive view of their needs and injuries to obtain the maximum amount of compensation. Additionally, if the victim dies as a result of his injuries, his surviving family members may be able to obtain compensation.

    To determine an award or a settlement offer, the courts and the insurance companies examine a number of factors. The economic damages can be fairly straightforward to calculate. How much are the medical bills? How much are they likely to cost in the future? How much income was the victim earning? Non-economic damages are not as clear-cut, and there is often the negotiation between the victim and the insurance company when discussing a settlement. Again, with the help of a skilled attorney, victims can negotiate with insurance companies to find a number they feel is appropriate for the severity of the injuries.

    If you or someone you love has suffered injuries in an accident, you are entitled to fair compensation under the law. Don’t let insurance companies undermine your medical care or your family’s future. Call the Morris James Personal Injury Group today to talk with a member of our team and learn more about your rights in Delaware.