Delaware Car Accident Lawyers

Once you have filed a claim with your insurance company and they process it, they will inform you of their decision. It will explain if your claim has been approved or denied, and if it was approved, it will tell you the amount of money it will provide.

Once you approve that plan, the insurance will begin issuing you checks within the next few weeks in a schedule for which you and the insurance company agree.

In determining how much an insurance company will provide to you for your injuries, it will vary depending on multiple factors. It is important immediately after your accident and in the days and weeks following that you keep a record of all your experiences, including any bills, photographs, and test results. Keeping these will help your settlement.

Other factors that can impact your settlement include:

• Severity of your injuries.
• Medical treatment.
• Income.
• Emotional distress.
• Multiple parties involved.
• Publicity.
• Milestones.
• Litigation costs.
• Where the accident occurred.
• The question of liability.

The more severe the injuries, the higher the settlement.

When you are planning to file a claim to seek compensation for the harm inflicted from your car accident, it is important to bear in mind certain rules that Delaware has that could impact your case moving forward. Those rules include:

• Modified comparative negligence: Delaware uses this system, which assigns a certain percentage of blame for all accidents. All parties assigned responsibility will be required to pay the equivalent portion of that percentage.
• No-fault insurance law: Delaware drivers are required to carry personal injury protection (PIP) on their car insurance. This is a policy that will allow a driver to collect on a portion of medical bills, lost wages, and property damage after a car accident, regardless of a driver’s level of responsibility.
• Statute of limitations: It is important to note that you have two years from the date of your accident or the date you received your injury diagnosis to file your claim. If you miss this deadline, you could lose out on the opportunity to file a claim.

Do not give the insurance company a recorded account of the accident. You should report the accident to satisfy the terms of your insurance policy, but you should not give the insurance carrier more information than they need. Anything you say could be used to deny you coverage or claim that your injuries are not serious.

Given the comparative negligence rule that is followed in Delaware, it can be difficult to determine what an average settlement will be for a car accident in the state. You should know that according to Delaware’s negligence laws, you may be entitled to receive compensation for your injuries as long as you are not more than 50 percent liable for your damages.

Several factors can impact the total cost of an attorney, as it can vary from lawyer to lawyer. The work you will expect from your lawyer will also have a correlation on the price, as the more work the lawyer has to do, the higher the legal fees. A car accident lawyer falls under civil litigation, which is among the highest priced lawyers in the area.

Although the costs of a lawyer may appear to be overwhelming at first, not all lawyers charge by the hour. There are those who will charge a flat fee. In addition, a more common method of payment, particularly in a personal injury case, is through contingency fees.

In these circumstances, a lawyer agrees to receive payment only if they are successful at winning your case or at least obtaining a settlement. They will request a percentage of your settlement at the beginning of the case. They will receive it only if you get money. If they do not, then you will not have to pay anything.

Not all car accidents are significant enough that you will need a lawyer. There are some instances when there are only minor injuries or minor property damage involved. In those circumstances, you may choose to move forward on your claim without a lawyer to maximize the money you receive in a settlement. You should be warned that insurance companies often try to offer a modest settlement at the expense of their customers. Be wary of their attempts to shortchange you on a settlement deal.

If you do plan to go it alone, there are a few easy steps to follow when you are looking to settle your case:

• Evaluate the damage: Get a full picture of any injuries you sustained and the full extent of the damage to your car or other property.
• Talk to insurance adjuster: You need to first determine how much your insurance company is willing to pay for your accident.
• Write a demand letter: You can then write a demand letter that explains why you believe the insurance amount is too low and detail why you deserve more.
• Seek a settlement: You should always be open and willing to settle your matter as quickly as possible; however, that does not mean you should take whatever offer comes your way.
• Prepare for court: Do your research before appearing before a judge and understand what you need to do and what additional fees you might face.

When the judge makes their ruling, you will have to live with that decision. If at any point during the process you believe you need a lawyer’s help, do not hesitate to reach out to a lawyer for their advice and assistance.

The statute of limitations in Delaware is two years for a personal injury claim. That begins on the date of your accident or the day that you sustained your injuries to file a claim. Although two years might seem like a long time, it can go fast, so you will need to move quickly if you wish to receive compensation for your injuries. If you fail to file your claim within the two years, you will not be able to claim any compensation.