Putting Clients First Since 1990 - Your Trusted Advocates for Personal Injury Claims in Newark, DE
Rehoboth Beach is the epitome of a tale of two cities in that during the winter, it is a quite small city on the banks of the Atlantic Ocean that has a modest population of slightly more than 1,000 people. However, it is a completely different place once the calendar turns to the summer.
After Memorial Day weekend, the city’s population swells to more than 25,000 people as tourists and summer renters descend on the small town to enjoy its many beaches, restaurants, and amusement parks. The increased population overwhelms the local streets and Route 1A, which is the main entryway into the city.
With alcohol flowing through many bars and breweries, a seasonal amusement park, and added congestion on the road, accidents and injuries are going to occur. When they do, be sure you have a seasoned personal injury lawyer on your side who will protect your rights and help ensure you are compensated for any injuries you suffer or protect you from having to pay for someone else’s injuries.
Understanding Personal Injury Law in Delaware
Personal injury law in Delaware is a broad area of the legal system that covers injuries sustained by an individual due to the negligence or intentional actions of another party. This can include car accidents, slips and falls, nursing home abuse, premise liability claims, and more. To have a successful personal injury claim, one must prove that the other party owed them a duty of care, breached that duty, and caused the injuries sustained. Injuries can range from minor cuts and bruises to more serious ones like broken bones or traumatic brain injury.
Types of Personal Injury Claims We Handle
At Rhoades & Morrow, we provide skilled legal representation to all our clients who have suffered injuries from the negligent actions of others. Although we will help those involved in car accidents, there are other clients we want to help as well, including those facing the following issues:
Catastrophic injury: These types of injuries can be the result of different accidents and leave you permanently disabled. We can help you obtain compensation to help with your long-term care and loss of livelihood.
Defective products: A defective product can occur because of the way it is manufactured, designed, or marketed. If you are injured because of a faulty product, we will file a products liability claim with the entity along one of these areas.
Motorcycle accidents: These are potentially one of the more devastating types of accidents, given the vulnerability of the driver. Motorcyclists have a right to the road as much as cars, and if a driver causes an accident that leads to your injuries, they should be held accountable.
Nursing home abuse: There is nothing more disgusting than the abuse of the most vulnerable in nursing homes. If your loved one has unexplained injuries, experiences medication errors, has fallen or wandered off because of a lack of safety measures, or shows other signs of inadequate care such as bedsores, dehydration, or malnourishment, it could be a sign of nursing home abuse, and we will help you seek legal action.
Pedestrian and bicycle accidents: Especially in a beach town such as Rehoboth Beach, bike riding and walking are popular activities. However, given the already congested streets especially in the summer, bicyclists and walkers could be prone to accidents, especially when drivers fail to heed their mind. However, they are still entitled to the road and drivers can be held liable if they get into an accident with a bike rider or a pedestrian.
Premises liability: A property owner must ensure that the building they own, regardless of whether it is a private or commercial building, is free of hazards. When a person has an accident and sustains an injury on someone else’s property because the owner did not maintain their legal responsibility, we will hold them liable for that by filing a premises liability lawsuit.
Truck accidents: Given the size of these massive machines, injuries sustained in truck accidents can be devastating. However, determining liability might not be as easy as blaming the driver. Truck accidents are caused by a variety of factors, and outside parties might share in the liability. Our law firm will investigate the cause of the accident and help sort it out.
Work injuries: When you are hurt at work, your medical bills and lost wages should be covered under Workers’ Compensation. Unfortunately, there are certain companies or their insurance that are not as forthcoming as needed. We will represent you with these companies to be sure they pay what they owe you. We will also evaluate your case to determine if you have grounds for a third-party liability case.
Wrongful death: When a loved one dies because of the fault of another, that is a tragedy beyond words. Adding to that pain is if this loss has a devastating effect on your finances. We will file a wrongful death claim against the party whose actions led to the accident that cost your loved one their life.
Determining Liability in Personal Injury Cases
Liability in personal injury cases is fundamentally about responsibility – it identifies who is at fault for the accident and thus, legally obligated to compensate for the damages. Establishing liability often revolves around the concept of negligence, which requires demonstrating four key elements:
Duty of Care: This means that the defendant had a legal obligation to act in a certain way toward the injured party. For instance, drivers have a duty to operate their vehicles safely to prevent harm to others on the road.
Breach of Duty: Here, it must be shown that the defendant failed to meet the aforementioned duty of care. This involves demonstrating that their actions deviated from what a reasonable person would have done in a similar situation.
Causation: A critical aspect of proving liability, it involves establishing a direct link between the defendant’s breach of duty and the accident. This essentially means that ‘but for’ the defendant’s actions, the injury would not have occurred.
Damages: Lastly, it must be evident that the plaintiff suffered actual harm or injury, which can range from physical harm to property damage or even emotional distress.
Understanding these elements is crucial in determining liability in personal injury cases. It’s also worth noting that in some scenarios, more than one party can be held liable, such as in the case of a truck accident where both the driver and the trucking company might share responsibility. This is known as ‘joint and several’ liability.
At Rhoades & Morrow, we have a team of skilled personal injury attorneys who excel at proving these elements and establishing liability in various personal injury cases. We dedicate ourselves to ensuring that our clients receive the compensation they’re entitled to. For more information or to schedule a free consultation, please contact us at (302) 427-9500.
What To Do After a Personal Injury Occurs
When you’ve been involved in an accident and sustained personal injuries, it can be a stressful and overwhelming time. However, following a few crucial steps can significantly affect your personal injury claim’s outcome.
Seek Immediate Medical Attention: Ensure that you and any other persons involved in the accident receive prompt medical treatment. This not only ensures your health but also serves as crucial evidence in your claim.
Notify Law Enforcement: In most cases, it is wise to call the police and file an accident report. This record can provide valuable information for your personal injury case.
Document the Incident: If you can, take photographs of the accident scene, your injuries, and any property damage. These can serve as compelling evidence for your claim.
Collect Witness Information: If there were any witnesses to the accident, get their contact information. Their testimony can corroborate your account of the incident.
Contact a Personal Injury Attorney: It’s important to consult with an experienced personal injury attorney as soon as possible. They can guide you in the right direction and help you understand your rights and legal options.
Taking these steps can help preserve your rights and provide a solid foundation for your personal injury claim. It ensures you have all the necessary documentation and evidence needed to prove liability and quantify damages. Keep in mind that personal injury law can be complex, and having an experienced attorney by your side can make all the difference in achieving a positive outcome for your claim.
Compensation in Personal Injury Claims
In Delaware, a successful personal injury claim can result in compensation for both economic and non-economic damages.
Economic Damages: These are quantifiable losses that you’ve suffered as a result of the accident. They include medical expenses (both current and future), lost wages if you’re unable to work, loss of earning capacity if your ability to work in the future is affected, and property damage.
Non-Economic Damages: These are less tangible losses that don’t have a specific dollar value. They include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium, which refers to the negative impact on a spouse or family member’s relationship with the victim.
Several factors can influence the amount of compensation you might receive. These include the severity of your injuries, the impact of the injuries on your life and work, the amount of your medical bills and lost wages, whether your injuries are permanent, and the strength of your case.
Why You Need a Personal Injury Lawyer
Navigating the complexities of a personal injury claim can be daunting, particularly when you’re also dealing with physical pain and emotional distress from an accident. That’s where a personal injury lawyer comes in, offering expertise and guidance that a regular person typically doesn’t have.
Personal injury lawyers understand the intricacies of the law and are skilled at interpreting and applying these laws to your case. They know how to negotiate with insurance companies, who are often looking to minimize their payout. They can assess the true value of your claim, taking into account both current and future expenses and losses, something that most individuals may not fully comprehend. Lawyers also have the resources to thoroughly investigate your case, gather necessary evidence, and establish liability.
If your case were to go to court, a personal injury lawyer could represent you, presenting your case in the most compelling way possible. In essence, a personal injury lawyer can level the playing field, ensuring that your rights are protected and that you receive the compensation you deserve.
Why Choose Rhoades & Morrow To Handle Your Personal Injury Claim?
At Rhoades & Morrow, we offer several distinct advantages for our clients.
Free Initial Consultation. This allows you to discuss your case without any financial obligation, giving you a chance to understand your legal options.
No-Win, No-Fee Policy. Our contingency fees ensure that you don’t pay unless we successfully recover compensation on your behalf. This demonstrates our confidence in our ability to win your case and also removes any financial risk on your part.
Extensive Experience and Success. We have over 30 years of experience handling personal injury cases, and we’ve successfully recovered millions in compensation for our clients.
Choosing Rhoades & Morrow guarantees you a dedicated team that places your best interest at heart. We offer a risk-free, client-first approach, ensuring you get the dedicated, efficient, and effective legal representation you deserve. With our vast experience in personal injury law and a track record of successful claims, Rhoades & Morrow is the smart choice for your personal injury claim in Newark, DE.
Take The First Step Towards Recovery – Contact Rhoades & Morrow Today For a Free Consultation
If you or a loved one has sustained an injury because of someone else’s negligence, reach out to the Rehoboth Beach personal injury lawyers at Rhoades & Morrow. Regardless of the injury or circumstance of your accident, our experienced legal team will be there for you to help you receive the compensation to which you are entitled. Contact us online or call any of our three numbers: (302) 427-9500, (302) 600-1107, or (302) 422-6705 today to schedule your free evaluation. Located in Wilmington, Bear, and Milford, Delaware, we serve clients in Middletown, Dover, Milford, Lewes, Rehoboth, Elsmere, and Seaford, Delaware.