Delaware is very much a commuter state. Drivers from neighboring states such as Maryland, Pennsylvania and New Jersey are often driving through Delaware. Many car, truck and pedestrian accidents occur in Delaware’s largest cities, such as Wilmington and Newark. Car, truck and pedestrian accidents are very common throughout the state.
Under Delaware car/auto accident law, negligent drivers can be held liable and ordered to pay civil damages, i.e., fair and reasonable financial compensation. This is the basis of tort or negligence in Delaware. Acting or driving in a careless or negligent manner can result in civil liability.
DE Car/Auto Accident Law – A Brief Explanation of Damages
Whether the accident occurred in Wilmington, Newark or Dover, or whether the at-fault driver was a Delaware resident or not, Delaware car accident law allows financial recovery for the following types of damages:
- medical bills not covered by PIP,
- lost wages not covered by PIP, and
- pain and suffering.
Only medical bills and lost wages not covered or otherwise coverable by PIP can be presented in a car, truck or pedestrian accident lawsuit in Delaware. Click here to learn more about PIP claims in DE car accident cases.
Pain and suffering damages are meant to compensate an injured individual for the emotional and physical pain caused by an accident and injuries.
DE Car/Auto Accident Law – Filing an Auto Accident Lawsuit
In order to obtain financial recovery in a car accident case, the injured individual (driver, passenger, pedestrian, etc.) may be required to file a lawsuit against the negligent party (at-fault driver).
Filing a court proceeding in a personal injury case such as a car accident case can be daunting to most people, especially those who have never been involved with the legal system before. Part one of this article will discuss initial questions in car accident cases, such as whether the case can be resolved prior to filing a lawsuit and how the case is initiated. Part two of this article will discuss details of car accident lawsuits, how they are resolved, etc.
Can a DE Car/Auto Accident Lawsuit be Resolved Without Filing a Lawsuit
In nearly every car, truck or pedestrian accident case, the injured party’s attorney will contact the insurance company representing the at-fault driver. Initially, the contact is meant to relay information, such as the extent of the injuries, damages, status of PIP, etc.
Depending on the facts of the case, such as whether the injured party’s medical treatment has reached a natural conclusion, the attorney may attempt to negotiate a settlement prior to filing the lawsuit. Doing so requires compiling medical records, evidence of financial losses, etc., and presenting the evidence in a logical and concise manner.
Prior to filing the car accident lawsuit, the attorney may send a “demand package” or “specials package” to the insurance adjuster for the at-fault driver. A demand package details the accident, injuries and losses, and also discusses a reasonable, fair settlement amount with the insurance company. Depending on the facts and circumstances of the case, the insurance company representing the at-fault driver may be willing to negotiate a settlement prior to filing the lawsuit.
It is important to note that car insurance companies are notorious for downplaying injuries and damages. Pre-lawsuit settlement or resolution is not a realistic expectation in every car accident case.
- Learn the Basics of Delaware Car Accident Lawsuits Part Two (Lawsuit Basics)
- Learn the Basics of Delaware Car Accident Lawsuits Part Three (Litigation Basics)
- Learn the Basics of Delaware Car Accident Lawsuits Part Four (Settlement Basics)
Wilmington DE Car Accident Lawyer with Over 30 Years of Experience
Since 1982, firm founder, Martin Knepper, has served residents of Delaware in all personal injury matters, including car accidents and truck accidents. Contact our accident lawyers today and ask for a free consultation. (302) 658-1717
Our lawyers serve residents throughout the Delaware area, including: Wilmington, Newark, Dover, Middletown, and Smyrna. We also represent residents of other states such as Pennsylvania, New Jersey, Maryland and Virginia who are injured in car or truck accidents while in Delaware. For more information, please contact us.
*Disclaimer: This website page does not provide any legal advice or create any attorney-client relationship. Every case is unique and you should not take any action or make decisions in your case without speaking to a qualified car and truck accident lawyer in Delaware. Any discussion of results is no guarantee of the same or similar results in current or future cases.
*Use of the contact form on this website or emailing one of our lawyers does not create any attorney-client relationship. In addition, confidential information should not be sent through the contact form.