Personal Injury Lawyers in Wilmington, DE, Fighting to Get Our Clients Fair Compensation
Accidents can happen at any time. Unfortunately, we know this all too well in Delaware. That’s because emergency room visits in our state have increased significantly in recent years. Of course, most people aren’t concerned with statistics when they or a loved one suffers a serious injury. Such injuries can interfere with a person’s ability to work, care for their family, and otherwise enjoy life. An incident that results in such harm is already tragic, but when it’s caused by the negligence or recklessness of another, the situation is notably disheartening. If you find yourself in such a position, a personal injury lawyer in Wilmington, DE may be able to help.
At Schwartz & Schwartz, Attorneys at Law, our personal injury lawyers have spent years fighting diligently to help our clients secure fair compensation. Getting hurt in an accident can have detrimental effects on a person’s life. When this happens, it’s important for victims to have an advocate on their side. That’s exactly what we offer at Schwartz & Schwartz. Contact us today for a free consultation to discuss whether you may be entitled to compensation. We’ll go over your case and — if we decide to work together — will work on a contingency fee basis so there’s no risk on your part.
Do You Have a Valid Personal Injury Lawsuit?
One of the biggest questions people have after suffering an injury is whether they have a valid personal injury lawsuit. After all, not all injuries are caused by the negligence of another party. For instance, around half of all fatal car accidents involve only a single vehicle. It’s difficult to blame another driver in such situations. Of course, this also doesn’t mean that no one is at fault in such accident cases. In Delaware, whether you have a valid case typically comes down to whether another party holds some level of blame for your injury. That’s why personal injury cases rely on the following factors in our state:
- Duty of care: For someone to be liable for an injury, they must have had a duty of care. A Wilmington personal injury attorney can explain just how easy of a threshold this is to meet. In fact, every person in the country has a duty to care for complete strangers at most points during the day.
- Violation of duty: A personal injury claim only goes forward if there is a violation of a duty. For instance, property owners have a duty to maintain safe premises for invitees and licensees. If they fail by allowing dangers to exist, they may be liable if an accident occurs on their property.
- Injury causation: The injury sustained in an accident must be caused by a violation of duty. For instance, a driver that runs a red light has violated their duty of care. If a nearby pedestrian is injured when a tree falls on them, however, there’s no causation between the driver and injury.
- Damages suffered: Personal injury victims must sustain some form of damages for their claim to be valid. These damages often include medical bills, lost wages, and similar financial losses. Victims may also be entitled to non-economic damages, though, in the form of emotional distress and other harm.
Even when they’re written by personal injury attorneys in Wilmington, DE, online guides cannot tell you whether you have a valid case. There are many situations that may seem “open and shut” — such as drunk driving accidents — but there are countless factors that could influence the outcome of any potential claim. This is why you should sit down with a legal professional if you’ve suffered any personal injuries. At Schwartz & Schwartz, Attorneys at Law, we’re here to help.
Who Is At Fault in Personal Injury Cases?
Any personal injury attorney can tell you that assigning fault in a case is an incredibly complex task. For instance, think back to the “open and shut” matter we mentioned above — accident cases involving drunk drivers. Common sense may seem to dictate that the intoxicated driver is at fault, and there’s a very good chance they may be. However, what about the nearby tavern that continued serving him after he was obviously drunk? What about the local government that failed to repair the broken section of the road the drunk driver was attempting to avoid before the wreck?
In such a situation, the driver, tavern owner, and government may all find themselves facing some level of liability. Experienced personal injury attorneys understand that liability isn’t always black and white — particularly when it comes to accidents or reckless behaviors that cause serious injuries. In fact, you may even find that you share some level of liability. This is one of the most unfortunate situations following a serious accident — not because the victim isn’t entitled to compensation — but because they often believe they’re not entitled to compensation. This often leads to them not contacting experienced attorneys.
In reality, Delaware is a modified comparative negligence state. This means that liability from all parties is considered during injury cases. For instance, many auto accidents occur when one driver violates the law and another is going too fast to avoid an accident. While a court may view one side as most at fault, they may also decide that the victim contributed 10% to their own injury by speeding. This would reduce any potential award by 10%. So, a $1 million verdict would result in a payout of $900,000. This would still be a significant outcome, so don’t make assumptions about your legal rights. Speak to our Wilmington personal injury attorneys today.
What Is the Delaware Personal Injury Statute of Limitations?
Statutes of limitations can be very complex in some areas. An attorney who goes to law school in one state may have to learn completely new statutes when they move elsewhere. Fortunately, Delaware’s personal injury statutes of limitations are fairly straightforward. In most injury cases, you have up to two years to file a case. There are some nuances, however, that can extend this time. For instance, the countdown for filing wrongful death cases does not start until an individual actually dies. This could be years after their initial injuries were sustained.
Medical malpractice cases also have two years to be filed, but there are situations where a mistake might go unnoticed at first. In such cases, it’s possible to file a lawsuit up to three years after the negligent act causes injury. Your path to recovering damages, regardless of the situation, will typically start with insurance negotiations. Of course, you should speak with a personal injury lawyer in Wilmington, DE before going this route. Insurers will do everything in their power to get you to accept an unfair settlement. Don’t let them take advantage of you during this difficult time.
One of the most important things in any case, however, is to not use the statute of limitations to procrastinate. For instance, you may very well have two years to file a lawsuit following severe motorcycle accidents. This doesn’t mean you should take your time. Personal injury cases become more difficult to prove as every day passes. Evidence disappears, investigations become more difficult, witnesses move, and memories fade. This is why you should speak with a Wilmington Personal injury attorney as soon as possible. Don’t lose precious compensation over procrastination.
Why Should You Choose Us for Your Personal Injury Attorney?
Schwartz & Schwartz, Attorneys at Law is a major force both in our region and around the country. Our skilled lawyers have prosecuted and defended personal injury cases in all Delaware courts. From the JP Courts to the Delaware Court of Chancery, and from the Supreme Courts to the Federal District and Third Circuit Court of Appeals — we’ve been there for our clients. And if you’ve been injured in an accident caused by someone else’s negligence, our law firm may be able to help you as well.
Many of our cases are high stakes in nature. We often represent people in situations where they stand to gain or lose everything in a single verdict. Many of our clients have suffered catastrophic injuries and need financial compensation just to afford their medical treatment and living expenses. We’ve taken on some of the most powerful insurance companies in America, and while they’ll try everything in their power to offer a low settlement, we don’t fold under pressure. We focus and work harder. Pressure motivates us.
We maintain offices in Pennsylvania, Washington, D.C., Delaware, Maryland, and New Jersey.
We also have close working relationships with attorneys and legal practices in other geographic areas in the region. Our relationships in the region reach as far as Maryland, New Jersey, and New York. We also work directly with attorneys across the nation. Thanks to these relationships, we can offer services on a pro hac vice basis outside of Delaware. If you’ve been seriously injured or lost a loved one in a wrongful death case — no matter where you’re located — you may benefit from speaking with our Wilmington personal injury attorneys.
What Cases Does a Personal Injury Lawyer Handle?
Many attorneys build their entire practices around a single issue. For instance, a law firm could solely seek out cases of individuals being injured inside local businesses. Others might only take on workers’ compensation cases. At Schwartz & Schwartz, we’ve spent years representing people injured in any type of accident. If you’ve been harmed due to the negligent or reckless actions of a person, business, government, or other entity, we can help you understand your rights under Delaware personal injury law.
To get an idea of just how broad our areas of practice are, consider the most common cases we handle in our law firm:
- Car accidents
- Motorcycle accidents
- Tractor-trailer accidents
- Negligent security
- Dog bites
- Wrongful death
- Medical malpractice
- Hit and run injuries
- Autonomous vehicle accidents
- Nursing home negligence
- Slip-and-fall injury (premises personal injury)
- Workers’ compensation
- Delaware local counsel/pro ha c vice attorneys
While this list may look impressive, it barely scratches the surface. We help our clients deal with injuries stemming from all types of accidents. From settlement negotiations to filing legal action in court, we’re there every step of the way. If you’ve suffered physical injuries, damage to personal property, or even emotional distress due to another party’s negligence, seek out a professional that can practice law in Wilmington and the surrounding areas. Our attorneys at Schwartz & Schwartz may be able to help, and if your injury occurred elsewhere, we might still be able to file a case on your behalf or point you in the right direction.
Our Personal Injury Lawyers in Wilmington, DE Can Help
It’s not uncommon for accident victims to find themselves overburdened following an injury. In addition to dealing with lost wages, medical bills, property damage, and other losses, they typically have to worry about insurance companies and potential litigation. Even if you were not injured in an accident, the loss of a loved one can lead to complex and stressful wrongful death lawsuits. No one should have to go through these difficulties on their own — particularly due to the reckless or negligent actions of another party — and once victims choose us to handle their personal injury claims, we take on the significant burdens.
At Schwartz & Schwartz, Attorneys at Law, we’ve far too often seen the difficult situations that can arise from an auto accident, slip and fall injury, workplace mishap, or other unfortunate occurrences. While our personal injury lawyers in Wilmington, DE are dedicated to helping Delaware citizens seek justice, we also handle accident cases in other states. We have offices in New Jersey, Maryland, Washington D.C., and Pennsylvania — and our working relationships with attorneys across the country allow us to handle claims in other states as well. Contact us today by calling (302) 654-4930 to schedule a free consultation. We’ll fight hard to help you recover compensation.