Delaware Car Accident Lawyers

When choosing a lawyer, it is important to remember that when you are involved in a car accident, the full financial impact of your injuries may not be immediately apparent. Some lawyers are interested in settling your case as quickly as possible without taking the time to do the work necessary to maximize your compensation.

At Rhoades & Morrow, our process is different. Our Wilmington car accident lawyers fight aggressively and work to thoroughly secure full and fair compensation for your injuries, as well as lost wages and damages, no matter how long it takes.


Recovering Millions For Our Clients

What Should I Do After a Car Accident?

Drivers and passengers can take simple actions that will help their case to acquire compensation for injuries or financial losses:

  • Call the police and obtain a police report. A police report is an official account of the accident. If you believe the report is incorrect, you must know who completed the report so that we can speak to them. The insurance company also uses the police report when you file a claim. We will ensure all information about the accident is correct before proceeding with your claim.
  • Document the accident scene and your injuries. Any pictures or videos you can record of the accident scene will make the case easier to prove. We can show that the accident was not your fault, and any images you capture can be used to sway a jury.
  • Gather eyewitness testimony from the accident scene. Ask for phone numbers and other contact information so that witnesses can give a full statement. If you can collect witness testimonies, you can forward the contact information for each witness to our office. The witnesses can give a sworn statement about the accident, and we will use that information to show that you were not at fault.
  • Seek medical treatment. Your injuries may not be obvious, but a trained emergency physician will detect any underlying issues that you may not notice until months after the accident. The insurance company or defendant may claim that you are not truly injured if you do not seek immediate medical care. Even if you do not think you are hurt, you must see a doctor.
  • Seek legal counsel. Contact an expert Wilmington car accident lawyer as soon as possible.

Why Should I Hire An Attorney After My Accident?

It is important for you to seek legal counsel after an accident because the other party’s insurance company will do everything in their power to avoid responsibility for your injuries. They will strive to settle your case for as little compensation as possible. Their proposed settlements may only cover a fraction of the costs you will incur for medical bills, lost wages, loss of future earning capacity, and pain and suffering.

We will delay any settlement until we understand how much compensation you truly deserve. If you are injured in a motor vehicle accident or a loved one died because of a collision, an experienced car accident lawyer can help you in the following ways:

  • Assess the value of your settlement claim.
  • Hold negligent parties accountable and work to obtain appropriate compensation.
  • Explain how and when you can expect to be compensated.

If you are dealing with mounting medical expenses, are out of work, or are disabled, these situations can be catastrophic for your family. You need to know how much money you could receive in a settlement and how to proceed. We also help with wrongful death claims if a loved one died in an accident. We will explain the procedure for your claim and collect all the information that is needed. Our legal team will guide you through the legal process. We will contact medical experts if necessary and investigate the accident thoroughly.

steps to take after a car accident

How Will I Be Compensated?

If you or someone you love was involved in a serious motor vehicle accident, such as a rollover accident, our experienced lawyers can help. After you are in a serious accident, your life may change completely. Everything may be upended as you seek medical care and wrestle with insurance companies. You may not be able to work, and bills may go unpaid. That is the time to seek legal help. Our lawyers will stand up for your rights, fight your legal battles, and manage the many complicated issues that arise in the aftermath of a car accident. You can be compensated for the following expenses after an accident:

  • Medical expenses.
  • Lost wages.
  • Lost earning potential.
  • Lost companionship.
  • Pain and suffering.
  • Wrongful death of a family member.

Car Accident FAQs

car accident injuryOnce 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.

car accidentGiven 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.

personal injury claimThe 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.

Why Choose Rhoades & Morrow?

Our law firm will help throughout the process and manage any legal issues while you focus on your recovery. We will conduct any correspondence with your insurance company or any other lawyer with whom you will be interacting.

We will communicate with the insurance company when the time is right and will present your case to them during a settlement negotiation. If another driver caused your car accident, you should not contact them. Any phone calls or letters you receive from the defendant should be forwarded to our office immediately.

Wilmington Car Accident Lawyers at Rhoades & Morrow Advocate for Clients Injured in Car Accidents

If you have been hurt in a car accident, reach out to one of our Wilmington car accident lawyers at Rhoades & Morrow. Our experienced legal team is known for providing focused, results-oriented legal representation. We have years of experience in this field and will apply this experience to your case. Contact us online or call us at (302) 427-9500 today to schedule a free consultation. We have offices located in Wilmington, Bear, Milford, and Lewes, Delaware. With offices in all three counties of Delaware, we serve clients throughout the state.

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