Key Laws That Could Affect Your Car Accident Claim in Delaware
At Silverman, McDonald & Friedman, we serve clients throughout Delaware who have suffered injuries in car crashes caused by other parties. We are here to serve you from our offices in Seaford, Wilmington, and Newark with representation that gets results.
There are often many variables to consider when it comes to motor vehicle accidents, injuries and pursuing compensation. Several laws in Delaware can affect if and to what degree you are able to seek compensation for your injuries. They are as follows:
Modified comparative negligence
It is important when filing a claim for compensation for injuries sustained in a car crash to understand insurance companies will likely attempt to minimize the amount they pay out on your claim. In Delaware, they will do this in part by using the state’s comparative negligence law.
Under this law, drivers partially responsible for an accident are still eligible to pursue damages from the liable party. However, if you are found to have any fault in the accident, the percentage of blame assigned to you by the court will correspond with the reduction in the award amount you receive.
Insurers often attempt to maximize the liability of plaintiffs seeking compensation. When successful, this can place the plaintiff’s assigned liability higher than the liability of the other at-fault driver or drivers. If you are deemed to be more responsible for the accident than the other driver or drivers combined, you will be precluded from obtaining compensation for your losses. An experienced attorney can help make sure you do not fall victim to this effort.
No-fault insurance law
Drivers in the state of Delaware are required to have personal injury protection (PIP) coverage as part of their auto policies. Delaware is a no-fault state when it comes to car insurance. As a result, insurers in the state are required to pay a percentage of your medical bill, lost wages, and property damage up to the auto insurance policy’s limits, regardless of who is liable for the accident.
If you sustain serious injuries in a car accident that cause overwhelming losses, you may be eligible to file a personal injury lawsuit outside the parameters of the state’s no-fault auto industry system. This can enable you to recover compensation for non-economic damages like pain and suffering, loss of companionship, emotional distress, and loss of enjoyment of life.
Statute of limitations
Understanding the statute of limitations in your car accident case is important. It is generally two years from the accident date or the date you received your injury diagnosis. Failing to file your claim within this two-year period can bar you from pursing a claim or seeking compensation from the at-fault party.
The Delaware car crash lawyers at Silverman, McDonald & Friedman apply effective legal strategies to help their clients recover the rightful compensation they are owed from their injuries. If you need help, let’s talk about your case. To set up a no-cost consultation, give us a call us today at 302-888-2900 or fill out our contact form. We serve the legal needs of our clients from offices in Newark, Wilmington, and Seaford.
Attorney Jeffrey S. Friedman joined Silverman, McDonald & Friedman in 2001. He graduated from Widener University School of Law, and is admitted to practice law in Delaware and Pennsylvania, and in several Federal Circuit courts. He areas of concentration include auto accident and workers’ compensation cases. Read more about Attorney Friedman here.