Delaware Personal Injuries And Compensation
Call the Delaware Personal Injury Lawyers of Knepper & Stratton at (302)736-5500 or (302)736-5500
The Delaware personal injury lawyers of Knepper & Stratton help individuals throughout Delaware who have been seriously injured in motor vehicle accidents from their Wilmington and Dover offices. Personal injury cases are usually accepted on a contingency-fee basis, which means clients pay no attorney fee unless we recover money for them. If you have been injured due to another’s negligent or reckless conduct Call (302)736-5500 in New Castle County or (302)736-5500 in Kent or Sussex Counties for a free initial consultation.
Injuries and Compensation in Delaware
Generally, an individual injured in an automobile accident in Delaware may bring a claim or lawsuit to recover the actual expenses associated with property damage and emotional and physical pain and suffering. Sometimes medical bills, costs and economic damages such as wages are also recoverable. You may also sue to recover future medical expenses and future lost wages or loss of earning capacity if in your doctor’s opinion you will suffer such losses in the future. Litigation involving motor vehicle accidents can be extremely complicated, contact an experienced personal injury attorney at Knepper & Stratton, (302)736-5500 or (302)736-5500 who is familiar with motor vehicle accident damages who will place you in the best position to receive the recovery that you deserve.
Damages in Delaware
In automobile accident cases, as in all negligence cases, the injured party may recover for physical pain and suffering, mental pain and suffering, medical and rehabilitative expenses and lost wages in excess of Personal Injury Protection, PIP, past and future lost income, permanent impairment and permanent disfigurement. Typical damages may also include future medical bills that are reasonably certain, loss of enjoyment of life, and physical property damage. A previous personal injury does not necessarily affect the right to recover compensation. The injured party may still recover damages for re-injuring or aggravating the earlier injury. In order to document the damages, a person injured in an accident should keep a daily diary, as explained here, describing how the injury affects him or her and his or her immediate family.
Family member’s damages – Loss of Consortium
The spouse of the accident victim may also be able to recover for damage to the marital relationship. The uninjured husband or wife may bring the claim, which is known as “loss of consortium.” Loss of consortium generally refers to any negative effect on the marital relationship caused by the accident, and includes loss of the spouse’s love, companionship, comfort, affection, solace, moral support, sexual relations, ability to have children, and physical assistance in the operating and maintaining a home. Loss of consortium can be either temporary or permanent.
Insurance
Typically, an insurance policy will cover the victim’s damages. If the other driver has insufficient insurance or is not insured at all, the victim may be entitled to compensation from his or her own car insurance company under an “uninsured” or “underinsured motorist” provision. Also, other car insurance policies, such as the policies of other family members or employers, may provide benefits to the injured person. Even if the injured person was partially at fault, the law may permit a recovery. To protect yourself and your family in the event of a car accident, contact an experienced attorney at Knepper & Stratton, (302)736-5500 or (302)736-5500 to review your insurance policies and to inform you of your legal rights under your policies.
Recovery Amount
The value of an automobile accident case depends on a number of factors, including whether or not you are comparatively negligent in causing the car accident, how easily the other party’s fault can be established, the type and seriousness of the injuries, the type of medical treatment required, and the amount of car insurance coverage available. Other relevant factors may include how the accident happened, the extent of vehicle damage involved, whether the injuries are permanent or involve significant scarring, the amount of your past medical bills and expected future medical bills, and the effect of the accident on your income. Every personal injury case is different. Therefore, the assistance of a personal injury attorney at Knepper & Stratton, (302)736-5500 or (302)736-5500 experienced in handling automobile accident cases, is vital to determine the fair value of your personal injury claim.
Act Now! Call Knepper & Stratton at (302)736-5500 or (302)736-5500
Injuries suffered in a motor vehicle accident can be catastrophic. Serious and disabling injuries can affect not only the injured person, but family members as well. Even relatively minor injuries that require medical care and result in lost time from work can have a great impact on a family.
If you are an automobile accident victim and have specific questions or concerns about compensation for your losses, contact an expert personal injury lawyer at the law firm of Knepper & Stratton at (302)736-5500 or (302)736-5500 to assist you by diligently pursuing the individuals or companies that caused your injuries, determining what insurance is available, and maximizing your recovery.
Page last reviewed and update: September 1, 2020