Being a victim of a personal injury accident can be a traumatizing and painful experience. Not only do you have to deal with the physical pain and emotional distress, but you also have to worry about the financial burden that comes with medical bills, lost wages, and other expenses that may arise due to the injury. Fortunately, in Delaware, victims of personal injury accidents have the legal right to seek out compensation for their losses.
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Types of Personal Injury Claims
Personal injury claims can arise from a variety of different accidents and incidents, including:
Car Accidents
Car accidents are one of the most common causes of personal injury claims in Delaware. If you have been injured in a car accident that was caused by another driver’s negligence, you may be able to file a personal injury claim.
Slip and Fall Accidents
Slip and fall accidents can occur on someone else’s property due to dangerous conditions such as wet floors, uneven pavements, or poorly lit areas.
Medical Malpractice
Medical malpractice occurs when a healthcare professional’s negligence causes an injury to the patient. Examples of medical malpractice include misdiagnosis, surgical errors and medication errors.
Defective Products
Manufacturers of products have a legal responsibility to ensure that their products are safe for their intended use. Defective products can cause injuries, such as burns, product defects, and explosions.
Dog Bites
Dog bites can lead to serious injuries. Delaware law allows victims of dog bites to hold the dog’s owner liable for their injuries.
Statute of Limitations for Personal Injury Claims in Delaware
If you are planning to file a personal injury lawsuit in Delaware, it is important to pay attention to the statute of limitations. The statute of limitations is the time limit you have to file a lawsuit in court after you have been injured. In Delaware, the statute of limitations for most personal injury claims is two years from the date of the accident. There are a few exceptions to this rule, and it is important to speak with a qualified personal injury attorney to determine the statute of limitations for your specific case.
Exceptions to the Statute of Limitations
Medical Malpractice claims – the statute of limitations is typically two years from the date the injury was discovered or should have been discovered by the patient.
Claims against the Government – If a government entity is responsible for the injury, the statute of limitations is usually shortened to six months from the date of the accident.
Comparative Negligence Rule in Delaware
Delaware follows the comparative negligence rule, which means that if you are found to be partially at fault for the accident that caused your injuries, your compensation may be reduced. The amount of compensation is determined by the percentage of fault assigned to each party involved in the accident.
Hire a Personal Injury Lawyer
If you have suffered injuries in a personal injury accident in Delaware, it is crucial to contact an experienced personal injury attorney as soon as possible. An attorney can help you navigate the complicated legal process, gather evidence, and negotiate with insurance companies on your behalf. Additionally, working with a personal injury lawyer can increase your chances of receiving fair compensation for your losses.
Conclusion
Filing a personal injury claim in Delaware can be a complex and overwhelming process. However, understanding the statute of limitations, comparative negligence rule, and types of personal injury claims can help you determine when to file and what to expect during the process. If you have any questions or need legal assistance, do not hesitate to contact a skilled personal injury attorney who can guide you through the process and advocate for your rights.