Best Personal Injury Law Firms 2023

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Personal Injury Frequently Asked Questions

What is a Personal Injury Case?

When a person is injured at the hands of a negligent third party or a criminal, the injured victim can claim monetary damages to compensate for the damage or losses.

What is Negligent or Illegal Conduct?

Individuals and entities have an obligation to act reasonably and avoid causing harm to victims of foreseeable injuries. It is negligence to act unreasonably and cause harm to another. It is also negligence to violate a safety rule, regulation, or law that results in harm to another.

Intentional conduct that harms others is another type of actionable wrongful conduct. Examples of similar intentional torts include battery, assault, false imprisonment, or it could be intentional infliction of emotional distress.

How much is my case worth?

They teach us in law school: “A case is worth what a jury pays.” This statement rings true. Lawyers and insurance adjusters settle lawsuits based on how much a jury could award. Here are some factors insurers will look at when evaluating your claim:

• How much pain is your injury causing you?
• Did you go immediately to the Emergency Room or to the doctor?
• Did you let a certain amount of time go by without seeing a doctor?
• Is your injury permanent?
• Can you still do the same activities?
• Stopped going to work? How much money did she lose?
• How much are your medical expenses?

What Damages Are Compensable in an Injury Case?

The law allows an injury victim to receive monetary compensation for:

• past, present, and future suffering
• past, present, and future medical expenses
• loss of past, present, and future wages
• permanent disability
• disfigurement
• reduced mobility
• decreased quality of life

Back to the start

What Can I Do to Maximize My Claim for Monetary Compensation for Damages?

• Go to the hospital if necessary.
• Talk to a lawyer as soon as possible.
• Don’t wait too long to go to the doctor
• Keep all doctor appointments
• Get the best treatment available
• Be truthful and accurate in the information you give to doctors and nurses
• Stay off social media

What to do if you have Pre-existing Medical Conditions or Injuries? Can You Still Receive Compensation?

Yes, in Delaware, if your previous injury was worsened by an accident, you can still receive compensation for the aggravation or worsening of the injury.

How Do I Get a Lawyer?

Call an attorney to schedule a consultation. Most injury attorneys offer free consultations on injury cases. To be a client, an attorney must agree to take your injury case and have you sign a fee agreement. Accident attorneys are required to put fee contracts in writing.

How Are Personal Injury Lawyers Paid?

Most attorneys in Delaware work on a contingency fee basis in personal injury cases. In a contingency fee contract, the attorney does not charge any money upfront but will take a percentage of any agreement, award, or judgment. In other words, the attorney will be paid in the end if the monetary award is received.

What Are the Contingency Rates?

In Delaware, contingency fees typically range from one-third (33.33%) to 40% of all compensation, depending on the type of injury case.

Who Will Pay Court Costs and Litigation Costs?

In Delaware, the attorney will usually fund the client’s case and pay litigation costs upfront. However, the attorney will be reimbursed for court costs and settlement or award litigation fees at the end of the case.

Tip – Be aware that some attorneys may hold clients liable for litigation costs if compensation is not achieved.

How Much Can I Expect for Court Costs or Litigation Costs in a Delaware Personal Injury Case?

Each case is different. It depends on various factors like whether a lawsuit is filed and other factors. Some cases are settled quickly with little or no expense. On the other hand, litigating case can be expensive. Common fees that could come out of an awarded award or compensation are:

• investigator fees
• expert witness fees, which includes medical experts
• court filing fees
• testimonial fees

Tip – A good attorney will keep an eye on expenses and treat the case as a win/loss statement for the client. The lawyer’s duty is to maximize compensation for the client.

Will Any Other Fees or Money Come Out of My Agreement?

Medical providers or health insurance companies may be owed unpaid medical bills. If there is sufficient insurance coverage, your agreement should cover all outstanding medical expenses. The key is to know, in advance of the agreement, the amounts of medical liens or the amounts owed to providers.

What is a “Law of Limitation”?

The statute of limitations is the amount of time you have to file a claim before the lawsuit expires. A lawsuit is lost if the claim is not filed within the time allotted by the rule.

What is the Statute of Limitations (SOL) in Personal Injury Cases 

Different States have different SOL. Take for example, in a personal injury case in Delaware, the statute of limitations is two (2) years from the time the injury is alleged to have been suffered or when the plaintiff realizes that he or she suffered a complicated injury. 

Essentially, a lawsuit must be filed within two years from the date of the accident.

In cases like wrongful death cases, the statute of limitations is two (2) years from the time the death occurs or when the plaintiff knows or should have known that the death was caused by wrongful or willful conduct on the part of the defendant. .

How Long Will It Take to Get My Settlement Check in a Personal Injury Case?

It could take anywhere from several months to several years, It depends on the case. An accident victim may wish to complete medical treatment to the point of availing maximum medical improvement before negotiating an injury claim with an insurance company. Once treatment is finished or “maxed out,” negotiations typically start with the insurance company. If a sufficient settlement cannot be negotiated with the insurer, a lawsuit is filed. Litigation can take from several months to several years. Each case may vary.

What Types of Injury Cases Does Personal Injury Law Firm Handle?

• Car accidents
• Truck Accidents
• Motorcycle Accidents
• Bicycle Accidents
• Pedestrian Accidents
• Dog Bites
• Culpable homicide
• Security Negligence
• Slip and Fall
• Civil Liability
• Medical Malpractice