Dover Personal Injury Lawyers

In Delaware, personal injury lawsuits are based on a legal theory known as negligence. Negligence is the failure to use reasonable care in a situation, resulting in harm or damage. A successful personal injury claim requires evidence that the defendant had a duty of care to the plaintiff and failed to uphold that duty.

To prove negligence, you must show four elements:

• Duty – the defendant had a legal duty to act with reasonable care

• Breach of Duty – the defendant failed to act in accordance with that duty

• Cause – the breach of duty was the cause of your injury or losses

• Damages – you suffered damages due to the breach of duty

To determine the strength of a personal injury lawsuit, you should consult an experienced personal injury lawyer. The Delaware personal injury lawyers at Rhoades & Morrow have the knowledge and resources to help you build a strong case. Call for a free consultation today!

Types of Personal Injury Cases We Handle

A personal injury occurs when a person has suffered physical, emotional, and/or psychological injuries as the result of another person’s negligence. Personal injury may fall into any of the following categories:

Medical Malpractice

This may include a physician’s failure to diagnose or properly treat a serious illness, failure to disclose important information about an illness, botched surgery, and more.

Birth Injury

An injury that is suffered before, during, or after delivery can have a lifelong impact on the child and on the family.

Motor Vehicle Accidents

Car accidents are the cause of serious injuries and deaths every day. A serious car accident may also involve a truck, bus, train, motorcycle, or when a pedestrian is struck.

Premises Liability

This can include any injury that occurs on private, municipal, or business-owned property. Common premises liability cases involve slip and fall accidents, dog bite cases, swimming pool injuries, and other types of negligent maintenance.

Work Injury

In addition to Workers’ Compensation, you may be entitled to third-party benefits for your injury. This is most common in construction accident cases. Industrial accidents, including those involving toxic substances, are also common.

Catastrophic Injuries

These are personal injuries that result in permanent disability. It could be the result of an automobile accident, a work injury, or an assault.

Nursing Home Abuse

When you trust your loved one’s care to a facility, and that person is injured, neglected, or abused, it can be heart-wrenching. Filing a lawsuit against a perpetrator or their employer is one way to hold them accountable for their actions.

Defective Products

We have filed personal injury claims against manufacturers, corporations, and distributors whose products have caused harm.

Wrongful Death

We are committed to seeking justice for those who have suffered the tragic death of a loved one due to another person’s dangerous behavior.

You Deserve Maximum Compensation For Someone Else’s Negligence

If you are an injured person due to someone else’s negligence, you may be entitled to seek compensation for your losses. Depending on the facts of your case, damages can include:

• Medical bills related to treating your injury

• Lost wages or loss of earning capacity

• Physical pain and suffering, emotional distress, and trauma

• Loss of consortium (injuries preventing parties from enjoying companionship)

At Rhoades & Morrow, we understand how overwhelming it can be to manage the physical, emotional, and financial strain that comes with an injury. We will work hard to ensure you receive the fair compensation you are entitled to.

If you are in need of knowledgeable and experienced legal counsel for a personal injury case, contact Rhoades & Morrow today. Our team is dedicated to helping our clients achieve justice and peace of mind. We will listen carefully to your story and work hard to make sure your rights are protected. Contact us today for a free consultation.

Determining If You Have a Valid Personal Injury Claim

Determining if you have a valid personal injury claim in Delaware hinges on establishing the presence of negligence and causation leading to injury. Initially, there must be a clear establishment of duty of care — a legal obligation requiring individuals and organizations to adhere to a standard of reasonable care while performing acts that could cause harm. For instance, drivers have a duty to operate their vehicles safely to avoid auto accidents. When an individual or entity breaches this duty, such as by speeding or ignoring traffic signals, they may be liable for any injuries that occur as a result.

Moreover, causation must be demonstrated, meaning it must be shown that the injury was a direct consequence of the negligent party’s actions. This can often be the most complicated part of a personal injury case, as it requires linking the breach of duty directly to the injuries sustained. In some cases, expert testimony might be needed to prove that the breach caused the injuries and that these were not pre-existing conditions. Lastly, the victim must have suffered actual damages — medical costs, lost income, pain and suffering, or other measurable losses — as a result of the injury. Without quantifiable damages, there may be insufficient grounds for a valid claim.

A comprehensive evaluation of these elements by a DE personal injury attorney can be instrumental in ascertaining the validity of a personal injury claim. The legal professional would review the evidence, including medical reports, witness statements, and other pertinent documentation, to build a robust case. By assessing the circumstances against the backdrop of Delaware’s personal injury laws, an experienced personal injury attorney can offer crucial guidance on the likelihood of claim success and the next steps to take in recovering compensation for the suffering and losses endured.