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After a car accident, a slip and fall accident, or another type of incident, a victim may suffer significant injuries, such as broken bones, slipped discs, and traumatic brain injuries. In order to ensure they are properly compensated by an insurance company or individual, a victim may wish to a pursue a personal injury suit. While it is possible for someone to attempt to recover damages and work with insurance providers alone, having representation from a well-respected personal injury attorney typically makes more sense for various reasons.
In addition to their familiarity with regulations and the rights of accident victims, attorneys have access to case law. Case law can help a lawyer come up with the most appropriate way to organize and present a specific case based on worked that was previously completed for other plaintiffs. The knowledge of a lawyer cannot be underestimated, especially when battling against high-powered lawyers working on the behalf of insurance providers.
Is a personal injury case worth pursuing? It is wise to set up a consultation with a personal injury lawyer to determine if a case has legit merit. Personal injury attorneys have seen many types of cases and situations. This gives a lawyer an incredible perspective when it comes to determining if it is worth a victim’s time to pursue higher damages than those being offered by insurance providers.
An insurance company’s legal team counts on a victim to be uninformed. That is why they usually offer settlements that sound good, but they are not large enough to cover long-term recovery costs. When a victim hires a lawyer, the insurance company’s legal team realizes that the victim will have proper legal guidance.
Many people think that as long as they have the right documentation and evidence, they will be able to manage all the aspects of a lawsuit. When an injured victim is already dealing with anxiety related to being hurt, they do not want to experience additional stressors. A lawyer and law firm personnel are well-trained to handle all the elements of a lawsuit.
Sometimes, the best way to prove a personal injury case, especially if it goes to trial, is to bring in experts. The average victim does not typically have any access to well-known experts, but lawyers do have many contacts. In fact, lawyers who have been practicing in the personal injury arena for a long time usually have numerous experts they can rely on. An expert’s testimony can mean the difference between winning or losing a personal injury case.
Victims may have little to no evidence to support their case, or they may have a lot of disorganized paperwork. Either way, the paperwork, images, and videos may not be enough for a fair settlement. An attorney can tell quickly what evidence is important and what needs to be left out of a lawsuit. The lawyer will also make recommendations on what other types of documentation will be vital for the case.
Lawyers play many roles when working on the behalf of their personal injury clients. One role is to negotiate for the largest settlement possible. A lawyer working for the insurance provider frequently makes low-ball offers in hopes a victim will accept. The offer might seem reasonable at first, but they are not necessarily appropriate when considering everything. A personal injury lawyer will fight for the maximum amount of compensation that is possible.
Getting phone calls from insurance lawyers or investigators can be overwhelming for a victim. When a victim retains legal counsel, the lawyer can handle all texts, emails, phone calls, letters, and other forms of communication. The attorney will inform the client regularly, but the client will not have to deal with most of the stressful conversations.
Occasionally, an injured person will start to handle a personal injury case alone. The majority of smaller personal injury cases settle out of court, but many others go to trial. Having to prepare for a trial date can be confusing. A lawyer will know how to litigate and understand what the court expects during the trial.
Personal injury lawyers rarely ask for a lot of money upfront. Instead, they work on a contingency fee arrangement. This means that they only get paid if the client receives a settlement. The exact percentage of the final settlement that the lawyer asks for varies from firm to firm and will be discussed with the client before representation begins. Not having to pay any out-of-pocket expenses to get legal representation can be an enormous relief for a victim.
When an injured victim works with a lawyer, they increase their chances of winning a trial or receiving an attractive settlement. Though a win cannot be guaranteed, a victim who turns to a personal injury lawyer improves their odds of receiving an appealing settlement offer. For this reason, it is important to speak to an experienced lawyer right away after an accident happens.
There are many benefits to hiring a personal injury lawyer. Legal representation is extremely important if you wish to recover damages after an accident. If you were recently hurt in an accident, contact our Delaware personal injury lawyers at Rhoades & Morrow today. We help victims get the compensation that they deserve. Contact us online or call us at 302-427-9500 for a free consultation today. Located in Wilmington, Bear, and Milford, Delaware, we proudly serve clients throughout Middletown, Dover, Milford, Hillsborough, Lewes, Rehoboth, Elsmere, and Seaford.
This year, September 13 to the 19th is National Assisted Living Week, an opportune time to raise awareness about the benefits of assisted living. This year’s theme gives special attention to caregivers and the essential services they provide.
Assisted living is a useful option for seniors who require some type of ongoing medical or personal care. Some benefits of assisted living include:
Many people feel guilty about putting their loved one in an assisted living community, but the truth is that sometimes it becomes necessary to do so. It may be time to consider assisted living if a loved one experiences any of the following:
There are several things to consider when evaluating assisted living communities, including the services provided, the atmosphere, and the cost. If possible, take a virtual tour of the facility and speak with a representative who is knowledgeable about the facility and its features.
It is important to ensure that the assisted living community one chooses is right for their loved one. Some questions one may want to ask include:
Not all assisted living facilities are safe and nurturing environments. More than 500,000 adults over the age of 60 years old are abused or neglected each year, according to the Centers for Disease Control and Prevention (CDC). This number does not reflect the extent of the problem; many cases of nursing home abuse are unnoticed or unreported.
Additionally, the National Center on Elder Abuse (NCEA) reports that approximately 95 percent of nursing home residents have been neglected or witnessed neglect.
The CDC lists six types of elder mistreatment:
Physical abuse: This includes pushing, hitting, slapping, or improperly restraining an elderly person. When this happens, one may notice that their loved one has unexplained injuries, such as bruises or broken bones.
Sexual abuse: There have been reports of assisted living staff members taking advantage of residents who are unable to defend themselves. Injuries around the genitals or the development of sexually transmitted diseases may be signs of rape or other forms of sexual abuse.
Emotional abuse: This type of mistreatment may not be as apparent as physical abuse, as it leaves no visible marks. However, if a loved one has sudden changes in mood or personality or exhibits fearful behavior, they may be a victim of emotional abuse.
Neglect: Nursing home aids are supposed to take care of residents and ensure that they have sanitary living conditions. When they fail to provide the basic necessities, such as food, water, shelter, and self-care, it constitutes neglect. Another form of neglect is social or emotional neglect, wherein a resident is subject to constant unkind treatment or forced isolation.
Financial abuse: Some people exploit the elderly for financial gain. Evidence of this type of abuse often becomes apparent when there are unexplained missing assets or financial transactions.
Abandonment: This type of neglect occurs when someone who is charged with caring for an elderly person deserts them, leaving them to their own devices, whether in a public place or an assisted living facility.
When elderly abuse or neglect is reported, it may trigger an investigation by an adult protective services agency, a criminal investigation, or a civil lawsuit. To recover monetary damages from an assisted living facility, a plaintiff must prove that the nursing home breached its duty to provide a specific standard of care to a resident, either by its own actions or its employees’ actions, and that the resident was injured as a result.
Even though an employee may have committed the abuse or neglect, the assisted living facility itself may be held legally liable. Through a legal concept known as vicarious liability, the employer has authority over the actions of its employees and is legally responsible for the actions of those employees. Damages available in nursing home neglect and abuse cases include:
Punitive damages may also be imposed on the assisted living facility in egregious cases of abuse. Such damages are awarded to punish the defendant for its wrongful actions and deter against future behavior.
If one suspects nursing home negligence or abuse, they should contact a lawyer as soon as possible. They may be able to hold the assisted living facility liable for the wrongful acts of its employees. An experienced attorney will be able to evaluate the case, collect evidence, and build the best nursing home neglect or abuse case possible.
Contact one of our Milford nursing home negligence lawyers at Rhoades & Morrow for assistance with your elder abuse case. Our experienced and compassionate legal team help nursing home abuse victims get the compensation that they deserve. For a free consultation, contact us online or call us at 302-422-6705. Located in Wilmington, Bear, and Milford, Delaware, we serve clients throughout Middletown, Dover, Milford, Hillsborough, Lewes, Rehoboth, Elsmere, and Seaford.
Victims who have been hurt in car accidents regularly try to recover compensation from insurance carriers and at-fault parties. However, if a victim does not seek immediate medical attention after the incident, they may wind up making their case difficult to prove.
For this reason, most legal professionals suggest that car accident victims at least visit their primary care physicians for check-ups as soon as they can, even if they do not think they have suffered injuries. Yet, many people insist on waiting to call up doctors.
Not everyone who has experienced a car accident feels physical pain or notices a difference in mental health right away. Often, the shock of the accident masks pain. Even victims with serious injuries may try to walk away from the scene without allowing emergency personnel to treat them.
Even people who know they are not feeling well after a collision may want to get away from the area rather than be examined by medical personnel; therefore, they may opt out of help from medics. Although the desire to get back to normal and perhaps pretend the accident never happened is understandable, it can lead to a delayed diagnosis.
A final reason that people sometimes wait to get help is that they do not feel hurt. Nevertheless, even a slow speed accident can lead to long-term issues, including neck injuries and broken bones.
The longer the period between the crash and a physician’s diagnosis, the greater the likelihood that an insurance provider will deny a claim or that a court may be wary to award damages in a personal injury lawsuit. It is tough to prove causality when an event happens weeks before a clinical diagnosis is made.
A defense team on the side of the insured at-fault party may argue that the injury happened sometime between the accident and the time the injury was diagnosed. They might be upheld by a court because their defense could seem reasonable.
Some accident injuries are known to show up after crashes. In other words, those injuries might be missed by medical personnel, even if the person received treatment right after the crash. Personal injury attorneys often use that fact to help their clients establish a link between their medical issues and the collision.
Sometimes, it can take several days or longer for an injury to show up after a car crash. Neck, shoulder, and back pain are among the more frequently seen complaints among those who have been in car accidents. For instance, whiplash may not present symptoms for a few days, even if the neck has been seriously injured. Whiplash is especially commonplace in crashes where the victim has been rear-ended, sending the head jolting forward without warning.
Sudden chronic headaches can also appear many days after a car crash. Since headaches are not unusual occurrences, a doctor may need to conduct tests to see if the headaches are related to damage suffered during the accident. Similarly, traumatic brain injuries, such as milder forms of concussion, can take a few days to appear.
Other types of late-presenting car collision injuries can be emotional or psychological, such as personality and mood changes due to post-traumatic stress disorder (PTSD) or another psychological response to the traumatic event. It is essential that a physician show the connection between the accident and the injury.
After being in a car crash, victims ideally should monitor their physical and mental well-being for a few weeks. Any potential symptoms of hidden injuries should be noted, tracked, and examined by a professional.
Side effects related to delayed car accident injuries could include the following:
Even the smallest possible symptoms need to be monitored because they could be indicators of a much bigger problem. Usually, a doctor will order tests, which could include blood work, X-rays, or an MRI. Though these types of tests can be expensive if they are not 100 percent covered by the victim’s medical insurance, they present critical steps to reveal injuries..
If a victim does not get treatment at the accident scene or soon after, the victim can still get help at the earliest sign of a potential injury. The key is to avoid unnecessary delays whenever possible, as delays can lead to a denied claim. Delays can also pose health risks, such as if the victim requires surgery, physical therapy, or emotional counseling to mitigate the damages caused by the injury.
Hearing that an insurance claim has been rejected by the at-fault driver’s insurance team can make a victim feel like there is no recourse. However, this does not mean an injured car crash victim should stop trying to recover compensation or damages.
Consulting a personal injury lawyer is important, particularly in the case of a significant injury that took time to present itself. Many car accident victims with delayed diagnoses eventually get their claims accepted after hiring a legal team to help fight for their rights.
Car accidents often cause hidden injuries. If you were in a car accident, contact one of our Delaware personal injury lawyers at Rhoades & Morrow right away. For a free consultation, complete our online form or call us at 302-427-9500. Located in Wilmington, Bear, and Milford, Delaware, we serve clients throughout Middletown, Dover, Milford, Hillsborough, Lewes, Rehoboth, Elsmere, and Seaford.
Every car owner is required to carry auto insurance in order to register a vehicle, but it can be difficult to deal with an expensive insurance policy while managing a global pandemic, work stoppages, and an assortment of anxieties caused by the coronavirus. In response, some companies have offered discounts or refunds for policy owners.
The most common response among insurance companies during the COVID-19 pandemic is a partial refund of insurance premiums. Companies are offering something in the range of a 15 percent discount to all their customers until they believe the pandemic has been weathered. Some companies are offering discounts until policies renew, and others may extend discounts even longer.
There is no need to change your car insurance policy if you believe you can afford it. Your carrier has likely given you some sort of discount, and that means that you are saving a bit of money. This is good news for people who have been able to work from home or have a reduced workload. Anyone who still has a job and continues to drive to work is not affected, but you may need to make changes if your insurance policy has become all too expensive for you.
You can reduce the costs involved with your insurance policy if you reach out to the carrier. You should talk to your insurance agent or the carrier if you would like to make changes. In some cases, companies can move you to a different level of coverage. If this is the case, you do not need to make specific changes to your policy. You can use a different package to protect yourself and your vehicles.
You should make changes to your policy based on how it is constructed. Everyone has a different policy, and you may have riders, additional coverage, a deductible, and other facets of your plan that can be altered. Consider making these changes to your auto policy to save money:
You should ask your agent or the insurance carrier if there is anything else that they can change to help you save money. Working with an insurance professional will help you make wise choices as you attempt to alter your auto insurance.
Suspending your auto insurance coverage is a complex subject. You can suspend your coverage, but you may be required to carry coverage at all times because your vehicle is registered in your state, county, and city. You do not want to receive a letter from the state showing that you have been fined for not maintaining coverage on the vehicle.
Suspending your coverage is an extreme measure that you should only use when it is allowed by your state or municipality. This option is also useful for people who keep a car at a vacation home. You may only live in that location a few months out of the year, and suspending your coverage in the interim will help you save money. Some adult children who keep cars for their elderly parents may also suspend their coverage because the car is not in use.
Canceling your coverage is only a good idea if you are not driving at all. As mentioned, you may have issues with the registration on your vehicle. You should reach out to the state about your registration or ask the insurance company if they can reduce your rates even more.
Insurance premiums have not risen yet, but the COVID-19 pandemic is not over. Insurance companies are still in the middle of a giveback period that includes offering discounts and refunds to customers. This period will end, and premiums will likely return to normal. Insurance companies will increase revenue simply by changing your premium back to its original amount. They have, however, lost quite a lot of money by offering these discounts.
At the same time, insurance companies are losing investment income because interest rates are at all-time lows. When insurance companies cannot make as much money as they once did with alternative investments, they will begin charging more for auto insurance and other plans to make up the difference. There has not been an announcement, but you might want to reduce your insurance costs preemptively.
Additionally, it is advisable to contact an experienced lawyer if a car accident does occur during this time. A lawyer will help you with filing a claim and will assist you with your insurance company.
Our accomplished Milford car accident lawyers at Rhoades & Morrow are prepared to assist you if your insurance company or policy has changed course, causing you great harm or financial hardship. In addition, we can assist you if you have had a car accident during this difficult time. Call us at 302-422-6705 or contact us online for a free consultation. Located in Wilmington, Bear, and Milford, Delaware, we assist clients throughout Middletown, Dover, Milford, Hillsborough, Lewes, Rehoboth, Elsmere, and Seaford.
Driving above the posted speed limit may sound harmless, but statistics show that speeding is the leading cause of vehicular deaths in the United States. In fact, speeding frequently plays a part in no fewer than one-fifth of all fatal crashes in Delaware. Even when someone does not die after a car accident, he or she may be left with catastrophic injuries. This makes the act of speeding a dangerous, selfish choice for any driver on the road.
Speeding occurs for a wide variety of reasons and it happens in all age groups. One reason is impatience, which can make drivers more susceptible to trying to get around slower moving traffic. To some motorists, speeding may seem normal, especially when all the other cars on the highway appear to be going five or 10 miles above the speed limit.
Driving while under the influence of alcohol or drugs can also cause someone to speed. The same is true for distracted driving, such as when a driver texts or eats while driving. In both circumstances, the driver pays more attention to something other than the road.
What are other commonly cited speeder excuses? Anything from wanting to find a restroom to running late for a meeting may become explanations for speeding. However, these rationales do not hold up under scrutiny and ultimately put everyone on the road at risk.
Most speeders believe that they can slow down if needed. However, speeding causes a diminished reaction time. A driver who speeds has much less time to react to changing conditions. The faster a vehicle is traveling, the longer it will take to stop. Consequently, going just a few miles above the speed limit can mean the difference between avoiding an accident or becoming a statistic.
Motorists who consistently speed put their own wants and needs above those of their fellow travelers. Though it is impossible for safe drivers to completely avoid speeders, they can take a few measures to reduce the risk of colliding with a speeding vehicle.
First, motorists should steer clear of speeders and try to move out of their way. Allowing a speeder to pass quickly may be the wisest decision, rather than trying to slow the speeder down or keep up with the speeder.
Secondly, drivers who are being tailgated by a speeder will want to move out of the way as soon as possible. This can be difficult, especially on roads where passing is not allowed. If necessary, a driver should be prepared to take an exit, turn onto another road, or turn into a parking lot. This gets the driver away from the speeding vehicle permanently.
Finally, if a speeding motorist becomes hostile or harassing, the victimized driver can take recourse by having a passenger call 911. Highway aggression and speeding are often closely associated, alerting the authorities to inappropriate or frightening driving behaviors is important.
Were you seriously injured in a speeding accident? If so, it is crucial to contact one of our Bear car accident lawyers at Rhoades & Morrow to obtain legal counsel. Complete our online form or call us at 302-834-8484 to schedule a free consultation about your case. With offices located in Bear, Wilmington, and Milford, Delaware, we serve car accident victims in Middletown, Seaford, Dover, Milford, Hillsborough, Lewes, Rehoboth, Elsmere, and Seaford.
The National Highway Traffic Administration (NHTSA) reports that approximately nine people are killed each day in the United States due to distracted driving. Anything that takes a driver’s attention off the road is a distraction, including smartphones, navigation systems, applying make-up, eating, drinking, conversing with passengers, and many other actions. Most distractions are avoidable if drivers are willing to take some safety precautions.
Approximately 660,000 drivers use electronic devices while driving, according to the NHTSA; using electronics distracts the driver, which can lead to a serious car accident. It is best to only use your cellphone for emergencies. Even hands-free devices can cause you to have a delayed reaction; therefore, if you must make a call, pull over safely to the side of the road or a rest stop.
While driving, put your phone on silent, do not disturb, or airplane mode so that you are not tempted to read and respond to text messages or phone calls. Sending or reading a text takes a driver’s attention off the road for about five seconds; during that time, those traveling at 55 miles per hour could travel the length of a football field, according to the NHTSA.
Distracted driving statistics for 2020 reveal that reaching for an object increases the chances of getting in a car crash by eight times. Therefore, it is important to make sure all loose objects in the car are safely stowed away prior to getting on the road. If you must access something, pull over to a safe location, do not attempt to reach it while driving.
Enter your destination into your GPS before you start driving so that you are not adjusting it while you are on the road. Also, make any necessary adjustments to your seat, mirrors, air conditioning, windows, and radio before heading out. Keep in mind that once you have been distracted, it only takes three seconds for a crash to occur.
Be sure to eat before or after your trip, it is important to not eat or drink while you are on the road. Spilling food, reaching for drinks, and other distracted behaviors can cause drivers to get in distracted driving accidents.
Passengers can be extremely distracting to drivers; before getting on the road, inform them of the risks associated with distracted driving, and ask them to participate in making it a safe trip. Passengers should refrain from demanding the driver’s attention and avoid engaging in distracting behaviors, such as talking, pointing, or playing loud music.
Also, children should be secured before driving and only tended to once you have safely pulled over. Parents with children in the car are more likely to become involved in distracted driving accidents.
If you were involved in a distracted driving accident, contact one of our Milford car accident lawyers at Rhoades & Morrow today. You may be entitled to compensation for your injuries. For more information, contact us online or call us at 302-834-8484 for a free consultation. With offices located in Bear, Milford, and Wilmington, Delaware, we advocate for injured car accident victims throughout the state, including Elsmere and Seaford.
Spring is almost here and with it comes warmer weather. While drivers no longer have to worry about snow or ice on the road, there are still risks that drivers should be aware of, including some that are unique to this season. Knowing the risks and engaging in safe driving behaviors can help drivers avoid spring-related car accidents.
Road surfaces become damaged during the winter season. Ice, salt, sand, and snowplows can weaken asphalt and dislodge large chunks, creating numerous potholes. Even a small pothole can knock wheels out of alignment or damage tires. Drivers should avoid potholes whenever possible, and make sure that their tires are properly inflated, this can help to minimize damage. Winter road conditions also lead to more construction in the spring, so drivers should proceed with caution in areas where road work is being done.
When temperatures rise, pedestrian accidents become more frequent. More people may opt for two-wheeled transportation, such as bicycles or motorcycles. Drivers should be prepared to share the road, especially when entering intersections. More pedestrians are out in the spring, so drivers should use caution when turning, and make sure to yield when pedestrians have the right-of-way.
Animals also emerge in the spring and may dart out onto the road, forcing drivers to swerve or stop suddenly. Staying alert can help to minimize accidents caused by animals.
Spring has its own weather pattern that makes driving difficult. Many areas experience heavy rain in the spring, which can impact visibility and cause large puddles to accumulate. Rain can make road surfaces slick and may cause cars to hydroplane. Drivers should increase their following distance and decrease their speed when driving in the rain, and if conditions become too dangerous, they should pull over until it is safe to drive. Heavy rain can also cause flooding, so drivers may have to avoid some areas altogether to prevent damage to their vehicle.
Some regions experience hailstorms in the spring, which can impede driving and force drivers off the road. Spring also brings seasonal allergies for many drivers, and the medications to treat them can cause drowsiness. Drivers should know how allergy drugs will affect them before they get behind the wheel.
It is important for drivers to make sure their vehicle is in good condition, especially if it was not used much during the winter. Drivers should take the season change as a cue to check their cars and make sure that tires, brakes, and lights are working well.
Wiper blades often need to be replaced if they get worn out during the winter. If there are any rust spots on the car, they should be treated immediately before they become a bigger problem.
If you were injured in an auto accident, call one of our Milford car accident lawyers at Rhoades & Morrow. Our knowledgeable, experienced lawyers will thoroughly review the details of your case to determine who is responsible and get you the compensation to which you are entitled. To schedule a free consultation, complete our online form or call us at 302-422-6705. With offices conveniently located in Milford, Wilmington, and Bear, Delaware, we help car accident victims throughout Delaware, including those in Elsmere and Seaford.
Delaware roads are known for being some of the deadliest roads for pedestrians to walk. If were injured in a pedestrian accident, your injuries may be severe, and you may be eligible to collect compensation.
According to the Office of Highway Safety, pedestrian deaths have rose from 24 to 30; the increase in deaths has returned to Delaware, and the state has become one of the worst places for pedestrians to work. Since the start of 2020, at least three pedestrians have died. Alcohol consumption plays a role in the number of pedestrians hit by vehicles.
Many of Delaware’s high-speed roads, including Kirkwood Highway and Philadelphia Pike, do not have enough crosswalks for pedestrians to cross safely.
Delaware has created road improvement projects to lower pedestrian deaths since 2017. The Pedestrian Council focuses on discovering ways to lower the number of pedestrian deaths. The state has also installed sidewalks and crossings; however, pedestrians have been reluctant to use them.
If you are behind the wheel of a vehicle, there are a few things you can do in order to keep yourself and others safe on the road:
If you are a passenger walking on the road, there are a few things you can do to avoid being struck by a moving vehicle:
If you were injured in a pedestrian accident, it is best to speak to one of our experienced lawyers. To reduce your chances of an accident, be mindful while walking on Delaware’s roads. Even while practicing extra safety measures, accidents can still happen. Our accomplished Delaware pedestrian accident lawyers at Rhoades & Morrow will fight hard for your rights and will get you the compensation you deserve for your injuries. Contact us online or call us at 302-427-9500 to schedule a free consultation. With offices located in Wilmington, Bear, and Milford, Delaware, we also represent clients in Elsmere and Seaford.
When someone is involved in an auto accident caused by another driver, they are typically able to file a personal injury lawsuit and recover damages for their injuries. However, what happens if they are in accident with an emergency vehicle?
Emergency vehicle car accidents, although rare, do occur. There are approximately 30,000 firetruck crashes each year, according to the United States Fire Administration and the National Highway Traffic Safety Administration. Injury claims for emergency vehicle car accidents can be complicated due to government liability; however, a personal injury plaintiff may be able to recover damages from an emergency vehicle car accident under certain circumstances.
While laws vary by state, those who provide emergency medical services generally have governmental, or sovereign, immunity. This means that firefighters, police officers, and ambulance drivers are generally exempt from liability and may not be held liable in civil actions. In Delaware, responsible public safety personnel who render emergency care or rescue assistance are not liable for any civil damages if they have the required training or certification, and if they did not cause the injuries or death willfully, wantonly, or recklessly by gross negligence.
Drivers of emergency vehicles are permitted to speed, run red lights, and break other traffic laws that the general population must follow. However, they are still required to exercise due care, such as using lights and sirens to alert other drivers to their presence. If an emergency vehicle driver is found to have willfully, wantonly, or recklessly caused an accident, they may be held liable in a personal injury lawsuit.
Those who are injured in emergency vehicle car accidents will typically face more obstacles when it comes to obtaining compensation than those who are injured in regular car accidents involving at-fault drivers. In Delaware, an injured party may file a claim against a government agency or its employee only if the claim refers to a lawful action performed in the scope of the government employee’s duties. If the injury resulted from an unlawful action, the claimant may only sue the individual who caused the accident personally, not the government agency that the person works for. If successful, claimants may be able to recover damages, including medical expenses, lost wages, and pain and suffering.
Drivers can avoid getting in a car accident with an emergency vehicle by taking certain precautions. When an emergency vehicle is approaching, slow down and observe the surrounding traffic before pulling over to the side of the road. Also, exercise caution even when the emergency vehicle is not moving; Delaware law requires drivers to reduce speed and move to a lane not adjacent to the vehicle when approaching a stationary emergency vehicle.
If you were injured in an emergency vehicle car accident due to the driver’s negligence, you may be eligible to collect compensation. There are special legal rules pertaining injury claims against the government, such as shorter statute of limitations and notice requirements. Our experienced Bear car accident lawyers at Rhoades & Morrow will evaluate your case and help determine if you are eligible for compensation. Contact us online or call us at 302-834-8484 to schedule a free consultation. With offices located in Wilmington, Bear, and Milford, Delaware, we also represent clients in Elsmere and Seaford.
Personal injury law covers an extensive array of cases ranging from car accidents to product liability. There are many ways an injured person can seek damages from someone responsible for their injuries; likewise, there are many types of personal injury lawyers available to represent a case.
The circumstances of the case will determine which area of personal injury law applies to your case. By extension, your choice of lawyer should be influenced by how well suited they are to argue your case and to fit your personal situation. There are some important elements to consider while seeking a personal injury lawyer for your case.
An attorney with experience in a case like yours will be familiar with the legal issues your case might entail and can foresee common problems and viable solutions to address them. A lawyer with connections in the field may be able to tap experts to support your case.
While the name on the billboard may be the person you interview, you should know that a lot of the work might be handled by paralegals who draw up legal documents and perform other research and support functions. If your case will be assigned to a junior associate, you should know that too. Although it is possible that the case will be overseen by a senior attorney, the arrangement should be disclosed. Keep in mind that the use of lower level employees is likely to save you money in legal fees.
You should be aware of the payment arrangement before you decide on an attorney. Many personal injury attorneys work on a contingency basis where they only collect fees if the case successfully yields monetary damages. The typical range for contingency fees is 25 to 40 percent of the amount agreed to in settlement or what will be awarded in court.
Be sure to ask how the payments are broken down and how costs factor in. Costs can include court filing fees, administrative expenditures, fees for expert witnesses, or evidence-collection expenses. In the best scenario, costs may come before the attorney’s fees. Otherwise, the costs will come out of the amount left after the lawyer takes their percentage-based cut. Usually the costs are part of the contingency arrangement, but find out if the costs will be your responsibility if the case is unsuccessful.
Many personal injury cases end in settlement. That can be the best scenario, but you should be confident that your lawyer is prepared to take the case all the way to court, if necessary. Knowing how comfortable your lawyer is with arguing your case in court can mean that you can avoid pressure to settle because it better suits your attorney.
When you experience a personal injury, it is best to have an experienced attorney at your side armed with extensive experience winning legal battles for clients with your type of injury. Our knowledgeable Bear personal injury lawyers at Rhoades & Morrow have the knowledge and resources to support your case and get you the compensation you deserve. Contact us online or call us at 302-834-8484 to schedule a free consultation. With offices located in Wilmington, Bear, Milford, Delaware, we also serve clients in Elsmere and Seaford.
Statement Regarding Coronavirus Disease ("Covid-19"):
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The situation regarding the COVID-19 virus changes daily. During this uncertain time, we can assure you that the team at Rhoades & Morrow continues to focus on helping our current clients as well as assisting new clients.
We know that legal questions still arise, and we are here to answer your questions and provide the trusted guidance that you have come to expect from us over the years. To ensure the health and safety of our staff and our clients, we are conducting virtual consultations via Zoom and by telephone. We also have the ability to exchange documents via secure e-mail.
We will continue to work to protect the rights of our clients. If you have any questions or concerns, please do not hesitate to call us at 302-427-9500 or contact us online.
We look forward to hearing from you. Stay safe and healthy.