Workers’ compensation is a benefits system that can provide wages and medical care to employees injured on the job or to the surviving dependents if a death should occur. Read our "Worker's Compensation Fequently Asked Questions" for information on how to secure the benefits you deserve if you were injured through a workers' compensation claim.
- February 22, 2023
- February 22, 2023
- February 22, 2023
The short answer is yes, medical negligence can cause cerebral palsy, and, when that happens, the law allows victims to hold negligent healthcare providers accountable.
- February 21, 2023
When an individual causes the death of another due to their actions, whether through an intentional act or the result of negligence, the family members of the deceased may bring a wrongful death lawsuit against the person who caused their loved one’s death. Find out some frequently asked questions as they relate to wrongful death.
- February 16, 2023
Do you know what to do after a boating accident? Read our "Maritime / Boating Accident Frequently Asked Questions" for information on what you should do if you or others have been injured.
- February 8, 2023
When you or a loved one have been the victim of medical malpractice, it is crucial that you find a medical malpractice lawyer that you trust and that will help you get justice and compensation.
- February 3, 2023
Injured victims of a rideshare accident often find themselves in the middle of a legal mess as well as dealing with their physical injuries and emotional trauma. If you have been injured in a rideshare accident, it is important to get legal advice to ensure that your legal rights and entitlements are protected.
- January 31, 2023
What is a rideshare?
A rideshare is an arrangement similar to a taxi where passengers request a ride for a fee, usually via a website or app, and the driver uses their private vehicle for the trip. Unlike most taxis, however, rideshares cannot be hailed from the street, and the driver is not an employee driving a taxi company vehicle therefore different laws apply. Lyft and Uber are popular rideshare companies in the U.S.
- January 30, 2023
The birth injury attorneys at Morris James are skilled lawyers and passionate advocates for their clients. We represent the families of babies who have suffered birth injuries, such as cerebral palsy, brachial plexus injuries, hypoxic-ischemic encephalopathy (H.I.E.), and related brain injuries, fractures, and other conditions.
- January 27, 2023
Trucking accidents are a common occurrence on America's roads, causing serious injuries, property damage, and loss of life. If you have been involved in a trucking accident, it is important to understand your legal rights and protect your right to compensation.
- January 21, 2023
Giving birth is a momentous occasion for any parent, but when something goes wrong, it can be devastating. When a child suffers a birth injury, there are significant practical and emotional challenges. If that injury is a result of the negligence of your doctor, nurse, hospital, or other healthcare provider, you may be entitled to financial compensation for your losses, past, and future, as well as your physical and emotional suffering.
- January 17, 2023
2022 saw record-setting medical malpractice verdicts across the country. Juries have seen the pain and suffering caused by negligent healthcare providers, and are compensating innocent victims for both their financial and non-financial harm. This list only includes cases that went to trial and highlights some of the largest medical malpractice verdicts from 2022.
- December 12, 2022
Morris James is investigating claims of infant illness and death related to the potential contamination of Similac baby formula and associated recalls. Here are Similac Infant Formula Recall FAQs.
- November 30, 2022
A slip and fall accident can happen anywhere, anytime. If you are hurt in a slip and fall accident, these Five Things To Do After a Slip and Fall Accident are a good starting point for you, but this is not individualized legal advice for your specific situation.
- November 10, 2022
The injuries that you might sustain if you are hit by a vehicle as a pedestrian, cyclist, or golf cart user can be catastrophic and life-changing. The law protects innocent victims of road accidents and makes at fault drivers legally and financially liable.
- November 1, 2022
A motorcycle does not give its rider the same protection as a car, truck, or SUV, and the rider can suffer catastrophic injuries in an accident. According to the National Highway Traffic Safety Administration (NHTSA), more than 80% of all reported motorcycle crashes result in injury or death to the motorcyclist.
- October 21, 2022
It is important for dog owners to understand their responsibilities and potential liabilities as dog owners. It is also important for people who have been injured in a dog attack to understand their rights as a victim, and how the law can help them to obtain justice and compensation for their injuries.
- October 7, 2022
Serious or catastrophic injuries have long-lasting and life-changing consequences for victims. If you or your loved one has suffered a serious or catastrophic injury, you may have questions about what is next.
- September 29, 2022
Boating accidents are unfortunately common in Delaware, particularly in the summer season when visitors come from across the state and the country to enjoy our waterways. When you are involved in a boating accident, there are certain steps that you should take to protect yourself and other people. There are also steps that you must take to comply with state and federal laws.
- September 9, 2022
Brachial plexus injuries in infants are most commonly caused by trauma to the neck as it stretches away from the shoulders during birth. Unfortunately, these injuries can occur during the delivery of a baby and because of a physician’s medical malpractice.
- September 6, 2022
Delaware is one of the deadliest states in the country for pedestrians, according to a recent study of federal data. It ranks as the fifth most dangerous state for pedestrians, and statistics show that the number of pedestrian and bicyclist fatalities have nearly doubled in Delaware in the past decade.
- September 2, 2022
Cauda Equina Syndrome (CES) is a rare neurologic condition, but trained medical providers are required to understand the signs and symptoms associated with this medical emergency so that a timely diagnosis can be made.
- August 29, 2022
Shoulder dystocia is a common cause of birth injuries. This article discusses medical malpractice claims involving shoulder dystocia, and answers common questions patients and their family members may have about shoulder dystocia, and the birth injuries it can cause.
- August 22, 2022
Cerebral palsy is a common motor disability that typically manifests in childhood. It is caused by damage to, or abnormal development of, a child’s brain during pregnancy or infancy. Sometimes this damage is caused by mistakes of medical professionals during the mother’s pregnancy or childbirth.
- August 16, 2022
Sometimes medical providers fail to correctly or timely diagnose a medical emergency. When this happens, the medical providers may commit medical malpractice, in which case they can be held responsible for any injuries the patient suffers.
- August 12, 2022
Unfortunately, doctors and other healthcare professionals can fail to recognize when a patient has cancer, despite signs and symptoms of it. That can allow the cancer to grow without any treatment, which can increase the risk of additional pain, the need for more advanced treatment, and death. When a medical professional fails to appropriately and timely diagnose cancer, or when a medical professional fails to treat cancer appropriately, the patient may have a medical malpractice claim.
- August 10, 2022
Scientific and medical evidence has shown that drinking or bathing in contaminated drinking water from two on-base water wells at Camp Lejeune significantly increased the risk of developing certain cancers and other chronic diseases. Up to one million military and civilian staff and their families may have been exposed.
- August 10, 2022
Despite continued medical advances, stroke remains a leading cause of death and disability in the United States. In fact, according to the CDC, every year more than 795,000 people in the United States have a stroke. A stroke can cause permanent brain damage, impacting an individual’s physical and cognitive functioning and, in some cases, can lead to death.
- August 2, 2022
Electronic fetal monitoring (“EFM”) is used for most women during labor. EFM allows the medical providers to see how the baby is doing in response to the stresses of labor. It provides important information that the medical team uses to determine many things, including whether the plan for a vaginal delivery is no longer a safe option for the baby. This article discusses EFM, medical malpractice claims involving EFM, and answers common questions family members may have about EFM if their baby suffered a birth injury.
- July 29, 2022
Prolonged labor, also known as a failure to progress, occurs when a woman’s labor lasts an atypical amount of time. Although there are different definitions for what constitutes prolonged labor, for first-time mothers, labor has historically been considered prolonged if it lasts for approximately 20 hours or more. For women who have given birth before, labor has historically been considered prolonged if it lasts 14 hours or more.
- July 25, 2022
Under Maryland law, a medical professional commits medical malpractice by providing medical care that is inconsistent with the accepted standards of practice for similar health care providers.
- July 22, 2022
As in most states, medical malpractice in Pennsylvania refers to a medical professional’s inappropriate conduct that is inconsistent with the generally accepted standard of care practiced by medical professionals and that results in injury to a patient.
- July 14, 2022
Unfortunately, birth injuries to infants and their mothers are not uncommon. Some birth injuries are caused by the natural processes of pregnancy and childbirth and are unavoidable even with appropriate medical care. Other birth injuries, however, may be caused by medical malpractice.
- July 7, 2022
A birth injury, sometimes called birth trauma or neonatal birth trauma, is any physical harm caused to a mother or baby as a result of harm during pregnancy, childbirth, or the period after delivery.
- June 30, 2022
A birth injury or birth-related injury is any physical harm caused to the mother or baby immediately before, during, or shortly after childbirth. We recently discussed birth injuries in relation to the mother here. In this article, we will consider birth injuries to the baby.
- June 23, 2022
Motorcycle accidents can result in serious, life-altering injuries and property damage. Sometimes injured motorcyclists are forced to negotiate with their own insurer or other parties, or even bring a legal claim, to ensure that they are fully compensated for all of their eligible losses.
- June 17, 2022
With lots of opportunities for inland and offshore boating, Delaware is a popular destination for boating enthusiasts and recreational water activities. In summer, thousands of people make use of the Delaware waterways, and unfortunately, accidents happen. When they happen, you should know what steps to take in the immediate aftermath of the accident, and in the ensuing days and weeks.
- June 2, 2022
Despite continued medical advances, the number of pregnancy-related deaths has steadily increased since the Pregnancy Mortality Surveillance System was first introduced in 1987.
- May 26, 2022
In 2021, there were 360 traffic crashes on Delaware roadways involving a motorcycle. 63% of those traffic crashes resulted in personal injuries and 6% ended in death, meaning that there were 226 injured victims of motorcycle accidents and 23 fatalities on Delaware roads in 2021.
- May 20, 2022
Childbirth is usually a wonderful experience. Sometimes, however, mothers suffer serious injuries during childbirth that may have been preventable with appropriate medical care. The birth injury lawyers at Morris James understand how difficult this time can be and, in cases where medical negligence caused a birth injury, we help families obtain the financial compensation that they deserve.
- May 12, 2022
In very simple terms, product liability holds a person or company legally and financially liable for harm that is caused when their product is defective. In the U.S. in 2020, nearly 11 million people were treated in hospital emergency rooms for injuries resulting from consumer products, with young children suffering some of the highest injury rates.
- May 5, 2022
If you were injured are considering taking legal action, understanding the key aspects of a personal injury case can be helpful.
- May 5, 2022
If you or a loved one has been injured and you believe it was due to medical negligence, you should contact a reputable, experienced attorney as soon as possible. We understand this can be a very difficult situation for many reasons: the uncertainty of what went wrong and why, the pain and suffering caused by the injury, or the medical bills piling up.
- May 5, 2022
If you are getting out on the water, you should know how to stay safe, obey the law, and what to do if you do get in a boating or jet ski accident. Staying calm and knowing what to do in the event of an accident can save lives and protect your legal rights.
- April 28, 2022
Throughout the country, the elderly are suffering neglect and abuse from the very people entrusted with their care. Sometimes signs of abuse or neglect are obvious, but more often, an abuser will not act when family members are present. If you suspect that someone is being abused or neglected in a nursing home or other elder care facility, you should take action immediately to make that person safe.
- April 21, 2022
Trucking accidents can be catastrophic events. These accidents involve heavy vehicles that are typically hauling even heavier cargo loads. Although any road accident has the potential to cause serious injury, when large trucks traveling at highway speeds collide, jackknife, or overturn, there is an even greater potential for horrific, sometimes fatal, injuries to the occupants of other vehicles on the road.
- April 12, 2022
Managing Partner Keith Donovan discusses the key factors in case valuation.
- April 8, 2022
A wrongful death lawsuit is a legal action brought by the survivors of someone who died as the result of a wrongful act of another person. It is not a criminal action, however, in Delaware, it is possible to bring a civil action for a wrongful death even if the state has brought criminal charges in relation to that death.
- March 21, 2022
It is a sad fact of life that people are injured in car accidents every day on Delaware roads. The U.S. Department of Transportation’s National Highway Traffic Safety Administration recently announced that the number of fatalities on U.S. roads increased at a record pace in 2021. Estimates project that 31,720 people died in accidents on U.S. roadways in the first 9 months of 2021 alone.
- March 7, 2022
A birth injury is an injury to a mother or baby that occurs before, during, or shortly after childbirth. Serious birth injuries are rare, but when they occur, they can cause devastating effects that may require a lifetime of treatment.
- March 3, 2022
Early 2020 also saw a massive increase in the number of dog bites and dog bite insurance claims, coinciding with the start of pandemic lockdowns. 1 in 5 dog bites require medical attention and the consequences can be severe, whether the victim is a child or an adult.
- February 10, 2022
Slip and fall injuries are a common occurrence in the United States and send many people to the hospital year after year. When an individual falls, the results can be quite serious, causing severe injury or even death. The injured party will likely have a number of questions about their legal rights. An experienced slip and fall attorney can help an individual understand their legal rights, answer their specific questions, and navigate each step of their case.
- January 18, 2022
Nursing home abuse can occur in a number of forms, and it is not limited to instances of physical abuse. Other common types of abuse that occur in nursing homes include psychological abuse, financial exploitation, neglect, and sexual abuse.
Slip and fall cases have a reputation of being hard to win. Read our "Slip and Fall Frequently Asked Questions" for information on what you should do if you have been injured.
- January 3, 2022
Medical malpractice, also known as medical negligence, occurs when a hospital, doctor, or other health care professional fails to comply with the standard of care and causes an injury to a patient.
- December 9, 2021
For those who are involved in a car accident, there are many steps that need to be taken—especially if they are dealing with another party that was uninsured at the time of the collision.
- November 30, 2021
As one might expect, with so many box trucks and delivery vans on the road, there are an unfortunate amount of accidents that occur each year. According to Large Truck and Bus Crash Facts, published by the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration, there were around 510,000 police-reported crashes that involved large trucks in 2019. Of these accidents, a total of 4,479 incidents resulted in fatalities, while 114,000 crashes caused injuries.
- I Fell On a Friend’s Property, and I Don’t Want to Sue Them, but My Bills are Piling Up—What Should I Do?November 11, 2021
Slip and fall accidents are an unfortunately all-too-common occurrence and can happen anywhere, anytime. Find out what you should do to navigate the aftermath of a slip and fall accident.
- October 18, 2021
There has been a substantial rise in the number of boaters out on the water. The massive spike in recreational boating has been attributed to the pandemic. The increase in boats has also led to an unfortunate rise in boating accidents.
- October 12, 2021
Boating accidents are unfortunately an all-too-common occurrence in the United States. To illustrate how widespread this issue is, consider that according to the U.S. Coast Guard’s 2020 Recreational Boating Statistics Report there were 767 boating fatalities in 2020, which represented a staggering 25.1 percent increase from 2019. According to the same report, there were 5,265 total accidents, and the total number of injured victims was 3,191—with both figures also representing a roughly 25 percent increase from the previous year. Add in the fact that property damage totaled over $62 million, and it becomes clear that having boating insurance is an absolute must.
- September 17, 2021
Injuries from a boating accident can be very serious, even fatal. The laws that govern boats are much less restrictive than those for cars and trucks. People with little or no training can drive speed boats through crowded waters, causing very dangerous conditions. States differ on the type of licensing and education boaters need, and on the minimum age to operate a boat.
- September 16, 2021
Have you been involved in a motorcycle or ebike accident? Read our frequently asked questions to find out what steps you should take to protect yourself.
- July 16, 2021
As the summer kicks off, many people are getting out on the Delaware waterways and oceanfront in kayaks, jetskis, speedboats, and other personal watercraft. With increased activity on the water, there are inevitably more boating accidents as well as more incidents of theft, vandalism, and other damage to boats. It is important to understand your insurance coverage and the extent of your liability as a boat owner, and ensure that you have full insurance coverage for your boating activities in place before an accident happens.
- July 2, 2021
The Delaware waterways are a popular destination for boating, jet-skiing, paddle boarding, water-skiing, and other recreational activities. As the summer approaches, many people are looking forward to getting out on the water and shaking off their winter blues. Unfortunately, some water users are not as prepared as they should be for the dangers of the water. Inexperienced, underprepared, and sometimes reckless boaters can cause accidents on Delaware waterways resulting in serious injuries to themselves, or other boaters.
- July 1, 2021
Our co-counsel Larry Cohan discusses the Aziyo Biologics product recall that resulted in over 100 indivduals contracting tuberculosis from a bone graft during spinal surgery.
- June 21, 2021
On June 16, 2021, Morris James LLP filed a lawsuit against Aziyo Biologics, Inc. (Aziyo) and Medtronic entities (Medtronic) on behalf of Delawarean, Richard Williams after he became infected with tuberculosis after spine surgery. This is the first lawsuit filed in relation to the contamination of FiberCel Viable Bone Matrix (FiberCel) with tuberculosis (TB.)
- June 21, 2021
FAQs about the Aziyo Biologics product recall that resulted in over 100 people contracting tuberculosis from a bone graft material used during spinal surgery.
- June 4, 2021
Workers' compensation, often simply called workers’ comp, is a no-fault insurance that protects employees when an employee is injured or becomes ill as a result of their job. It is available throughout the United States of America but is governed by state-specific rules in each individual state. In Delaware, the workers’ compensation system is administered by the Delaware Department of Labor’s Industrial Accident Board.
- May 20, 2021
No one is prepared for a car accident and the impact it can have on your life. It can cause fear, pain, expense, and inconvenience. It also raises questions that you have never had to consider before, such as do you need a lawyer if you have been in a car accident or do you go it alone?
- May 19, 2021
Nursing home abuse cases are usually actions in medical malpractice or personal injury which in Delaware must be brought within 2 years of the date of the injury or the date the abuse was (or should have been) discovered.
- May 5, 2021
Each year, thousands of Americans are injured by defective or poorly made products. Despite the government regulations that exist, some manufacturers still produce substandard items that could harm consumers.
If you have been attacked by a dog and sustained injuries, there are immediate steps you should take. Read our "Dog Bite Frequently Asked Questions" to find out what you need to do to protect yourself.
If you have been involved in a car accident, you will have many questions. Should I hire a lawyer? What if I've been hurt? What if my car was totaled? Read our "Frequently Asked Questions" about car accidents for answers to these and many more.
If you or a loved one has been injured in a trucking accident, you will have many questions. Read our "Frequently Asked Questions about Truck Accidents" for information on what you should do to protect yourself.
- November 18, 2020
La mayoría de los residentes de Delaware saben que están legalmente obligados a comprar un seguro de automóvil para sus vehículos. Sin embargo, la mayoría de las personas no entienden lo que están comprando o por qué. Este artículo va explicar las coberturas que compra, o debe comprar, en su póliza de seguro de automóvil. Si alguna vez resulta lesionado en un accidente automovilístico, es esencial comprender su póliza.
- September 21, 2020
When a loved one is killed in a negligence-related incident caused by someone else's negligence, surviving members only have a short window to file a lawsuit.
- September 8, 2020
It’s only natural to wonder what is the settlement value for personal injury in Delaware. What can you realistically expect to receive in compensation for your pain and suffering?
- May 28, 2020
A car accident can happen at any time, even during a pandemic, when there are fewer cars on the road due to shelter in place orders. Being in an accident can be challenging and concerning enough during normal times, let alone during the outbreak of a virus.
What do you need to know if you are in a car accident in Delaware during COVID-19? Essentially, you can follow the normal protocol after an accident, but you should take some extra precautions to stick to social distancing guidelines.
- May 28, 2020
If you have an existing personal injury case open, you may be wondering if COVID-19 will impact your personal injury case. You may also be wondering about your legal options in the event that you or a family member contracts the disease or if a family member passes away from the coronavirus.
Is the coronavirus a personal injury case? Will your existing liability case be impacted by the coronavirus? At the Morris James Personal Injury Group, we want to walk you through your legal options and answer your specific questions regarding a COVID-19 personal injury claim.
- May 22, 2020
Have you been injured in a work vehicle? What rights do you have as an injured employee, and what compensation are you entitled to? The boundaries between work and personal life are becoming increasingly blurrier, so it's essential to understand the rights you have if you're injured in a work car accident.
In this guide, we'll discuss what to do if you're injured in a work vehicle, how to determine who is responsible and what the difference is between workers' comp and a personal injury lawsuit.
- May 12, 2020
If you are in a car accident, you may want to gather evidence to support a personal injury claim or lawsuit. Photos can be one of the best ways to document the scene of an accident, providing you with solid visual proof of what happened during and afterward. But what photos should you take to document the accident? What visual evidence should you gather to best support your case?
- April 27, 2020
Have you been in a car accident? Did you sustain injuries or property damage as a result of the accident? After you have been in a car crash and documented the scene, the next step is determining who is at fault. The laws in your state determine who must pay for the damages that were incurred as a result of the car accident.
- March 25, 2020
In the United States, more than 3 million people are injured in car accidents every year. Delaware has a share of these accidents, with more than 28,000 crashes and 8,161 people injured in 2018.
Any accident can be jarring for everyone involved, but it can be especially confusing for passengers.
- March 9, 2020
In a product liability case, a product is defective or unexpectedly dangerous, and the buyer sustains an injury from using this defective item. A product can be defective in its manufacturing, design or labeling, and a consumer can bring a liability case against the manufacturer or seller if they are injured from using the defective product.
Every state has product liability laws, but the specifics vary from state to state. Familiarize yourself with the laws and requirements surrounding product liability in Delaware below to determine what you need to be successful in your case.
- December 16, 2019
Driving while “buzzed” is an increasing problem in the U.S. In 2009, the National Highway Transportation and Safety Administration (NHTSA) found that 18% of all drivers involved in a fatal car accident were high on some kind of drug. In 2014, the Substance Abuse and Mental Health Services Administration (SAMHSA) estimated that 10.1 million Americans (4.1%) were driving while under the influence of drugs like marijuana.
- November 21, 2019
Across the United States, employers are required to create a healthy and reasonably safe work environment for their employees. Most employers strive to provide this environment, although some fall short. Regardless of the safety precautions taken, employees regularly suffer work-related injuries or illnesses.
- November 18, 2019
Accidents happen — you might slip and fall or trip over something and end up on the ground. While you might be able to get back up and walk away unharmed, accidents can often lead to more severe injuries, and in some instances, even result in death. In 2016, more than 39 million people visited a physician's office due to accidental injuries, and more than 29 million ended up in the emergency department for the same reason. In total, 169,936 people in the U.S. died from unintentional injuries in 2017 — making it the third leading cause of death. While some people suffered injuries at home, others were on someone else's property. If you or a family member got injured on someone's property, you could take action.
- November 4, 2019
Drunk driving continues to be a serious problem in the United States. In 2016, police arrested over one million Americans for drunk driving. That is only 1% of the 111 million self-reported incidences of drunk driving. Just over 10,800 people died in alcohol-related crashes in 2017.
- October 31, 2019
Car accidents can leave victims shaken, confused or in shock. Despite having just gone through an incredibly jarring experience, crash victims must be particularly careful of what they say and do after an accident, as their behavior will be thoroughly dissected by insurance adjusters and defense attorneys. Learning what not to do after a Delaware car accident can help car crash victims avoid common mistakes that could damage their personal injury insurance claim or lawsuit. Let's review 10 common mistakes you should avoid after a car accident.
- July 30, 2019
Reporting a car crash to the police and the insurance company protects you and bolsters the integrity of any related insurance claim or lawsuit you might file.
- July 22, 2019
Motorcycle crashes can cause serious injuries, including nerve damage. Learn about motorcycle accident nerve damage, and how to seek help if you were hurt.
- May 7, 2019
Minor truck accident injuries don't always mean minimal suffering. Injured in a truck crash that wasn't your fault? You may be entitled to damages.
- April 11, 2019
Underride accidents are a particularly deadly type of truck accident that can leave victims with catastrophic injuries and other severe losses. Learn more here.
- March 7, 2019
Severe truck accidents can be traumatic events. Victims can suffer a range of injuries, including psychological disorders like post-traumatic stress disorder.
- March 1, 2019
Motorcycle crash victims seeking compensation face challenges from serious injuries to bias. A Wilmington DE attorney can help clients overcome these hurdles.
- February 25, 2019
Scaffolding accidents can result in serious injuries. Hurt in a scaffolding accident on the job? You may be entitled to workers' comp benefits or other damages.
If you or your family were stationed at Camp Lejeune for 30 days or more between August 1953 and December 1987, you may be entitled to out-of-pocket health care costs and compensation for your pain and suffering.