Can You Recover for Disability Caused by an Auto Accident in Delaware?
Under Delaware car accident law, individuals who are injured due to the negligence of another party are entitled to make claims for all reasonable damages which flow from the accident and resulting injuries. In a typical car accident lawsuit, the injured driver/passenger will make specific claims against the at-fault driver and obtain fair and reasonable financial compensation for medical bills and lost wages in excess of PIP coverage as well as pain and suffering.
In a car accident lawsuit involving a major collision, like a high-speed accident on Route 13 or Interstate 95 in Wilmington, the injured individual may suffer a temporary or permanent disability as a result of the injuries. Major collisions can and do result in spinal cord injuries and traumatic brain injuries, either of which can cause impairment or disability.
Factors Affecting an Impairment/Disability Claim in an Auto Accident Lawsuit
When evaluating an impairment or disability claim in a car accident lawsuit, a Delaware court will consider all the activities that the injured driver/passenger engaged in prior to the accident, such as work activities and life activities including hobbies. The key is establishing and proving to what extent these activities were impaired because of the injury and to what extent they will continue to be impaired for the rest of the individual’s life expectancy. The plaintiff (injured driver/passenger) must identify precisely how the impairment or disability affected work and life activities.
Under Delaware law, no definite standard determines compensation for an impairment or disability. Rather, financial compensation for an impairment or disability must be based on the evidence. The financial award must be just and reasonable in light of the evidence and must be reasonably sufficient to fully compensate the plaintiff.
Delaware’s Comparative Negligence Principle
In addition, it is important to note that in some cases, the plaintiff’s financial award may be reduced, if for instance, the plaintiff was comparatively negligent. Delaware employs the standard comparative negligence principle. If the plaintiff in a car accident case shares some of the blame for having caused the accident, her financial award will be reduced by her percentage of negligence, up to a certain point. If the plaintiff is 51% at fault, then her claim is denied altogether. For instance, if the plaintiff is deemed to bear 20% of the fault for causing the accident, her total financial compensation award would ultimately be reduced by 20%.
Wilmington Car Accident Law Firm
If you have questions about your specific auto accident case, please call our Wilmington accident lawyers for a free case evaluation. Our firm also has offices in Newark and Dover. (302) 658-1717
*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.
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