Personal Injury Claim Process
Resourceful Personal Injury Lawyers Guiding Clients through the Claims Process in Delaware
Proudly representing clients in Wilmington, Seaford, Newark, DE and beyond
Having an accident and suffering a serious injury is difficult enough; dealing with the claims process can only add to your challenges. But you have a right to pursue a claim for injuries caused to you by the negligent or unlawful actions of others. When all you can think about is how your mortgage or rent is going to get paid while you’re out of work, or how you can keep your children fed, you want a skilled Delaware personal injury lawyer on your side to help.
If you or your loved one have suffered a serious injury in an accident, you may be too shaken and confused by the situation to know your rights – but we are not. The law firm of Silverman McDonald & Friedman has handled numerous personal injury cases in its decades of experience, and can hold your hand through a potentially difficult and stressful process. Our clients in Newark, Seaford and Wilmington, Delaware have been relying on us (and recommending us to others) for years because they know we pay attention to your needs, and help you start on the path to recovery. To that end, we want to share with you this basic overview of the personal injury claims process that you can follow when you are ready to file a claim.
Important first actions after an auto accident
Every action following your accident seriously can impact future legal claims. Following an accident, you should talk to a Delaware personal injury attorney here at Silverman, McDonald & Friedman about what your options are. You should also:
- Seek medical attention, even if you don’t think you are injured. Sometimes, it can take a few days or even weeks before the real effects of the accident come through.
- Be careful what you say to anyone about the accident, especially regarding fault. Never, ever admit fault.
- Refuse to sign anything offered to you by the other party or his representatives without letting one of our team members review it first. It is your right to have a Delaware personal injury lawyer review any documentation before you sign it; don’t let anyone bully you out of your rights.
- Get contact information from the other party and any witnesses, and then send that information over to us.
- If possible, take pictures of the accident and your injuries, or any injuries that other parties sustained. Take pictures of any property damage, too.
You will need to gather the evidence of the losses you have suffered in the accident. You must be able to prove how much income you have lost, and you must provide medical bills that show how much you have paid so far in medical expenses related to the accident. If your injury is permanent, you can include the cost of future lost income, and the cost of your ongoing medical care along with any property damage to your vehicle. It is not enough to simply say what you think you lost; you’ll need medical records and documentation from your employer to back up those claims. If you experience any difficulty obtaining those records, someone at Silverman, McDonald & Friedman will be able to get them.
Our role in filing a personal injury claim in Delaware
Unless you are licensed to practice law in this state, don’t attempt to file a claim without speaking to a Delaware personal injury attorney first. In fact, don’t file the claim even if you are, because people who have just been in a serious, catastrophic accident do not always think as clearly and logically as they should. In those moments when you are unsure what to do, we step in to handle the claim. We:
- Fully investigate the circumstances of the accident, drawing upon the evidence at the site, documentation, witness accounts and photographs.
- Handle all communication with the insurance companies involved
- Carefully document the type and extent of your injuries
- Work with expert testifiers, such as doctors or accidents reconstructionists, to support your claim
- Aggressively pursue those responsible, seeking compensation for your damages through a settlement or court case if necessary
You may claim medical bills and even lost wages for the time you missed at work because of your injuries. Damages for pain and suffering may also be included in your claim to account for the personal anguish and emotional effects of the event and the trauma you suffered.
Your personal injury claim may take a considerable amount of time, depending on the willingness of the responsible party to offer a reasonable settlement. However, you do not have to settle your claim, and in some cases our legal team may advise you not to settle if it is not in your best interest. If you are unable to come to an agreement on a settlement, a Delaware personal injury attorney from Silverman, McDonald & Friedman can begin a lawsuit against the negligent party and/or delinquent insurer. In all cases, we try to resolve the matter efficiently and effectively, with as little stress for you as possible.
Contact our knowledgeable personal injury attorneys in Wilmington to file your injury claim
At Silverman McDonald & Friedman, we take on the legal worries so that you can focus on healing and getting back to your life. We provide the legal counsel you require after an injury in a serious auto accident or other catastrophic event. You may fill out our contact form or call us at 302-888-2900 for a free initial consultation with a Wilmington personal injury lawyer to discuss your case. We handle auto accidents throughout the three Delaware counties from our offices in Wilmington, Newark, and Seaford.