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Should I Sign A Release With A Confidentiality Clause In It?

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Attorney Ben Schwartz explains why insurance companies ask the injured party to sign a release with a confidentiality clause in it.

Hi, I’m Attorney Ben Schwartz,

Today we’re going to answer a viewer question from Jennifer in Smyrna, Delaware. Jennifer wrote-in. Essentially, she says that she settled her car accident personal injury case on her own. The at-fault drivers’ insurance company wants her now to sign a release that has a confidentiality clause in it. It says she can’t talk to anybody about the fact that she got a settlement or how much money she got from the settlement and is that normal?

The answer is no, that’s not normal. Normally when we see car accident personal injury cases, when we see the releases coming from the insurance company for that settlement there is no confidentiality clause.

Once in a while, very rarely, we see a confidentiality clause and/or we will see a non-disparagement clause. So, a confidentiality clause is something that says you’re not going to say anything negative about the defendant; about the at-fault party who paid you money.

There are reasons why the insurance companies and the defendants would want these things. There’s no real reason I can think of why an injured plaintiff would want it. I would suggest that you ask the insurance company to take it out. If it’s not something that they’re paying you extra money for, it’s not something that belongs in the release. So, I would ask for them to take it out or if they don’t want to take it out, ask them how much more they are going to pay you to secure the confidentiality or to secure the non-disparagement agreement.

I’m attorney Ben Schwartz. If you have settled a personal injury case but you haven’t yet signed the settlement documents and you want a lawyer to review them like Jennifer and Smyrna, I’ll be more than happy to take a look at your settlement documents at a free consultation.

If you have had an accident and you have settlement documents, you know when you look at those documents and you think to yourself this is highly complicated and it’s not something that a normal person would read and understand and be able to digest, that’s true.

I just want to say, not that I’m trying to advertise to you, I just want to say that’s why you get an attorney from day one. In a car accident or slip-and-fall or other personal injury cases. I’m attorney Ben Schwartz, thanks for watching this video. Hopefully, you enjoyed the video. Hopefully, you found it informative and interesting. If you have questions for me about the law, personal injury law, personal injury litigation, etc. Send me an email, thanks for watching.

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Delaware Personal Injury Attorney Ben Schwartz explains to a viewer what could happen in a personal injury lawsuit involving a motorist with an unsecured load.

Hi, I’m Attorney Ben Schwartz,

Today we’re going to do a quick video on a motorist with an unsecured load. I got an email from Ted in Newport, Delaware and he says, “I was driving on I-95, there’s a truck in front of me with a toolbox and the tools are falling out all over the highway. I swerved to avoid them and the pickup truck kept ongoing. Is that a case?”

So, I guess the first question that I have, Ted, is was there an accident where you were injured? What happened? Did you just swerve to avoid the tools and you kept going and it scared you? Or is this a situation where you swerved to avoid them, you hit the guardrail, spun-out and broke your neck? What happened? What are your injuries? What are your damages as a result of this accident?

Once you move past that question, the driver who had the toolbox that was unsecured in the back of the truck just kept on going; he never stopped. So, the question comes up, how are you going to sue that guy if you don’t even know who he is? Who would you name in the lawsuit complaint? Maybe the police investigated and maybe that guy was identified or maybe another motorist followed him up the road and got a tag number or was able to pull him over and get his information, we don’t know.

But let’s assume that he drove up the road, never to be seen or heard from again. You have no idea who it is; nobody knows who it was. The guy just has gone now, what do you do? Well, Ted, that is what’s called an uninsured motorist claim. In Delaware, on your auto policy, if this happened in Delaware if you are a Delaware resident, which I’m assuming you are, on your auto policy you probably carry what’s called uninsured motorist benefits. If there’s an accident caused by a driver who flees the scene and is never heard from again, your uninsured motorist insurance coverage will pay you whatever you would have gotten from that at-fault driver. If you’d been able to locate them, identify them, and file the lawsuit against them. So, this is sounding to me like an uninsured motorist or a UM case. I hope that proves helpful and I hope that you make a successful recovery with your UM case.

If you would like to have help in regard to a car accident personal injury case, an uninsured motorist case resulting from a car accident or any other personal injury case, please feel free to contact me. If you have an interesting question about some quirk in the personal injury law or criminal law in the Mid-Atlantic region, shoot me an email. If you have a question, chances are other people out there on the internet are trying to figure out the answer to the same exact question. We can do a video and we’ll learn more about the law together.

Thanks for watching, I appreciate you and send me an email and let me know what you think.

You can also visit our Delaware DUI Website at www.delawareduidefender.com.

Wilmington, DE Motorcycle Accident Lawyers Getting Clients Fair Compensation

The freedom of driving a motorcycle on Delaware roads can be exhilarating. However, a fun drive can quickly turn tragic when another driver is distracted or does not obey traffic laws. Sadly, many accidents involving motorcycles result in catastrophic injury or even death. This can devastate the lives of victims and their families, leaving them with countless bills to pay without the income from the injured motorcycle rider.

Many people think that an insurance claim will be sufficient to cover the costs of a motorcycle crash, but this is usually not the case. The insurance company will probably not recognize such damages as lost wages, emotional pain, and other injuries sustained in the collision. To make a full financial recovery, you should consider speaking with an experienced motorcycle accident attorney.

Your lawyer can help you gather evidence to show you deserve full compensation for economic and non-economic damages. Call our law offices today at 302-654-4930 to schedule an appointment with a knowledgeable motorcycle accident lawyer and get the legal representation you deserve.

What Are Some Common Causes for Motorcycle Crashes in Delaware?

Riding a motorcycle presents drivers with some risks that other vehicles do not have. Because of a motorcycle’s smaller size, other drivers on the road may not see the motorcycle, causing an accident. However, the at-fault party can still be held liable because they owe a duty of care to all vehicles on the road, including motorcycles.

Some examples of reasons a motor vehicle could collide with a motorcycle include:

  • Distracted driving, such as operating a vehicle while eating, drinking, or using a cell phone
  • Driving at excessive speeds
  • Stopping suddenly without warning
  • Changing lanes without signaling
  • Violating traffic signs and stop lights
  • Cars making left turns and thinking they can pull out before the motorcycle passes
  • Failure to check blind spots when turning or changing lanes

If you are suffering from injuries due to another driver’s inattention or traffic violation, call our law firm immediately for excellent legal counsel and representation.

What Injuries Typically Occur in a Motorcycle Accident?

Motorcycles offer very little protection, leaving motorcycle accident victims exposed to the impact of the other vehicle. Because of this, motorcycle accident injuries are usually very severe, requiring extensive medical treatment, such as hospitalization and surgeries.

Some injuries an injured motorcyclist could experience include:

  • Broken bones
  • Road rash
  • Lacerations
  • Loss of limb
  • Traumatic brain injury
  • Spine and neck injury
  • Paralysis
  • Emotional trauma
  • Wrongful death

Whether you or a loved one was a biker or motorcycle passenger who is suffering injuries from a collision, you should speak with a legal professional to see if you should pursue legal action in a motorcycle accident claim. Call Schwartz and Schwartz, Attorneys at Law, P.A., to schedule a free case evaluation and discuss the details of your unique situation.

How Much Compensation Can I Receive in My Motorcycle Accident Case?

You should meet with a lawyer in person to get an accurate estimate of how much your case is worth. However, you can expect a successful lawsuit to result in compensation for at least some of the following items:

  • Past and future medical expenses
  • Specialist charges, such as chiropractors and physical therapy
  • Past and future lost income
  • Decreased income-earning capacity
  • Catastrophic injuries
  • Pain and suffering
  • Mental distress
  • Wrongful death

Chances are the other party’s insurance company will not cover most of these damages in a settlement. However, with a skilled attorney on your side, you have a better chance of recovering the compensation you deserve.

Should You Hire Our Motorcycle Accident Attorneys?

If you or your loved one was involved in a motorcycle wreck, you have our deepest sympathy. Our talented legal team promises to stand by your side as we help you prove negligence and recover compensation for your suffering. Our skilled lawyers can work with insurance companies to negotiate a fair settlement that matches the pain you have gone through.

When you are recovering from severe injuries in a motorcycle accident, the last thing you need is to worry about the legal aspects of recovering damages. Call our law firm today to rely on our experience and dedication in seeking maximum compensation for your family. You can reach us at 302-654-4930 to free case review.

Truck Accident Lawyers in Delaware

Helping Clients Secure Compensation After Big Rig Collisions

Every year, Delaware drivers are involved in tens of thousands of motor vehicle accidents. In most cases, these result in nothing more than property damage. Unfortunately, this isn’t always the case. Looking at the latest data available, over 100 drivers in our state die in such accidents in a given year, and the economic loss of these collisions is more than $1.1 billion. While any vehicular collision has the capability of causing serious injury, statistics show that wrecks involving big rigs and tractor-trailer vehicles are particularly dangerous. If you or a loved one has been in such a collision, a truck accident lawyer in Delaware may be able to help.

Schwartz & Schwartz, Attorneys at Law deal with all manners of personal injury cases. Unfortunately, we’ve far too often seen the detrimental and tragic consequences that a trucking accident can leave behind. Perhaps you suffered serious injuries, or maybe you’re dealing with intense emotional distress. In a worst-case scenario, a loved one may be incapacitated or even face wrongful death. Regardless of the specifics of your situation, the Delaware truck accident attorneys at Schwartz & Schwartz will provide a review to help you better understand your rights. Contact us today.

How Dangerous Are Commercial Truck Accidents?

Most people can look at tractor-trailers — or even modern large pickups — and understand how a trucking accident can be so devastating. Fully-loaded big rigs can weigh up to 80,000 lbs under federal law, and new pickups weigh in excess of 4,000 lbs. Each of these is massive compared to the relatively paltry weight of a 3,000-lbs sedan. This size differential easily explains why it’s rarely the truck drivers in these accidents who end up seriously injured. Sadly, it’s not just an assumption that wrecks involving commercial trucks are more destructive. Our auto accident lawyers can assure you that statistics back up this hypothesis.

For instance, a tractor-trailer accident is a relatively rare event in Delaware. In fact, less than 5% of all crashes in our state involve such large trucks. Even so, over 7% of all fatal collisions involved these trucks. This shows that there’s a disproportionate rate of deaths when there’s a truck driver involved, and in most cases, it’s individuals in passenger vehicles, cyclists, and pedestrians that make up this statistic. If you or a loved one is injured in such a collision, it’s important to get your truck accident case started immediately. Time is of the essence when filing personal injury and wrongful death claims, so don’t hesitate to contact us today.

What Are Common Causes of Truck Accidents?

If you’ve been involved in a car accident in the past, you may already have a solid understanding of what causes many tractor-trailer collisions. That’s because most of the same negligent actions that lead to passenger vehicle accidents can cause big rig wrecks. Of course, there are obviously some major differences as well. After all, a sedan carrying two passengers certainly won’t encounter the same issues as a vehicle with a 30,000-lbs trailer behind it. Recognizing these differences is vital to understanding potential liability in your case.

  • Driver fatigue
  • Violation of federal regulations
  • Distracted driving
  • Mechanical failure
  • Improper loading
  • Negligent hiring practices
  • Unsafe roadways
  • Inclement weather

As evidenced by the above list, it’s not always the tractor-trailer driver who is at fault for collisions. For instance, government agencies could face liability if they failed to repair damaged roadways. The trucking company or shipping business could also be at-fault for failing to properly maintain their vehicles. However, statistics have shown us that — when a tractor-trailer accident occurs — the drivers of passenger vehicles are at fault 80% of the time. If you believe you share some level of blame for your injuries, though, you should still reach out to a truck accident lawyer in Delaware.

This is because Delaware is a modified comparative negligence state. This means that — even if you are partially at fault for a tractor-trailer accident — you may still be entitled to recover financial losses. Court awards will be reduced by your level of fault, and you won’t be able to recover if you’re more than 50% at fault. However, in many cases, it’s still possible that you could get a settlement or court award to help you cover lost wages, medical expenses, and other losses you endured due to the accident.

Do I Need an Attorney After Sustaining Serious Injuries?

After involvement in a tractor-trailer accident, you may wonder whether you need legal representation. In fact, this is one of the most common questions that law firms hear when providing consultations for injury victims. Many mistakenly believe that they’ll get exactly what they deserve if liability in accidents caused by truck drivers is clear. Unfortunately, this is rarely the case. In fact, who’s at fault for your injury may not even be as clear as you think.

Any accident involving a tractor-trailer will inevitably result in a call from an insurance company. They’ll tell you that they care about your well-being — and that their goal is to help you get the compensation you deserve. In reality, their primary goal is profit. Your securing maximum financial restitution is in direct conflict with that. This is the case with every personal injury claim. However, a legal professional can ensure you’re not taken advantage of.

Personal injury attorneys will also know when settlement negotiations are futile. If the insurance company will not make a fair offer, you need an attorney who will take your case to trial. The overwhelming majority of cases — even those involving semi-trucks — do not get to this point. However, you don’t want to face off against insurance company attorneys on your own if litigation becomes necessary.

Contact Our Truck Accidents Lawyers in Delaware Today

Any motor vehicle collision has the potential to cause serious injuries, but when truck accidents occur, this risk is greatly amplified. If you or a loved one were injured in a wreck with a tractor-trailer — or if you were a pedestrian or other accident victim — it’s important to seek the compensation you deserve. Lost wages, medical bills, pain and suffering, future medical expenses, and a variety of other difficulties can become costly very quickly. You shouldn’t have to face these struggles on your own, and with Delaware personal injury attorneys on your side, you won’t have to. This means you can focus on healing and caring for your family while the legal process plays out.

At Schwartz & Schwartz, our legal professionals have spent years fighting to secure maximum compensation for our clients who were injured in accidents involving commercial trucks. tractor-trailers are necessary for our economy, but when negligence is thrown into the mix, the results can be devastating. While our Delaware truck accident lawyers might call “The First State” home, we also serve clients in Maryland, Pennsylvania, Washington D.C., and New Jersey. Contact us today by calling (302) 678-8700. With experienced truck accident lawyers on your side, you’ll have a legal advocate who will fight relentlessly to ensure you get justice.

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In this video, Delaware Car Accident Lawyer, Ben Schwartz, answers the question: “Will my Auto Insurance Company Raise My Rates after a Car Accident that was not my fault?”

A lot of people ask me whether their insurance rates are going to go up after their car accident.  When people come into my office and see me for their car accident, it’s usually because some careless driver ran a red light or stop sign and smashed into them, or wasn’t paying attention and rear-ended them when they were stopped.  So when my clients are asking me if they should expect their automobile insurance rates to go up, they are really asking if their insurance company can legally jack up the premium after an automobile accident that was not their fault. The answer to this question, at least in Delaware, is NO WAY!

If you were involved in an accident but you did not cause the accident, then your insurance company cannot raise your rate.  Delaware Administrative Code, Title 18, Section 609, Regulation 5.1.1 says:
“No surcharge shall be imposed against a named insured or any person insured under the policy for any claim paid by an insurer arising from a not-at-fault accident.”

“’At-fault Accident’ means an accident involving the ownership, maintenance or use of a motor vehicle, including unlawful parking, in which damages or losses are incurred and which is chargeable to the named insured or any other insured under the policy. In the event of contributory negligence, an accident shall be considered at fault if more than 50% of the fault is assessed to the insured. There is a rebuttable presumption that a single-car accident that results in the payment of a claim is an “at-fault accident”.

That means you’ve got to be more than 50% at fault to have your rates jacked up after an accident.
If you were injured in a car accident that was not your fault, and now your insurance company is raising your rates and in effect victimizing you twice, call us for a free consultation.

-Ben Schwartz