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What compensation can I seek after an accident in Delaware?

FAQs

After 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 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 Morris James today to talk with a member of our team and learn more about your rights in Delaware.

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