A car accident can leave a person with a catastrophic injury. Unfortunately, if a person fails to take the appropriate measures to obtain needed compensation to recover from the injury, it could result in lifelong consequences.
Car accident claims for serious injuries are not as cut and dry as many people think. From gathering information to dealing with the insurance company, the process toward collecting compensation is complicated, and it could easily turn out badly, even if the accident is not your fault.
It is important to remember that insurance companies are large businesses with a bottom line: profit. Insurance companies likely are going to offer a settlement to the claimant. In most cases, the settlement is going to reflect what the insurance company, not the claimant, feels is reasonable. What is reasonable to the insurance company is quite often unreasonable to the person who suffered the damages. Insurance companies will likely deal with a claimant more aggressively than they would an experienced lawyer.
Additionally, a lawyer will know how to assess information and determine fault, damages, and future expenses. If you are not at fault and have a serious injury, there is a better likelihood that a lawyer could obtain a larger settlement.
An experienced lawyer can also help make sure that you take the appropriate legal steps. For instance, it is critical that you not share your thoughts about the accident to the insurance adjuster or other driver. It is also important to follow-up on medical appointments and keep all records of bills, medications, and treatments related to your car accident injury.
What if My Case Goes to Trial?
Once a legal claim is filed, which in Delaware must be done two years from the date of the accident, your lawyer will start the litigation process. The defendant will probably claim that your injuries are not as serious as you have claimed. In response, your lawyer will present the evidence needed.
Medical expenses, lost wages, pain and suffering, loss of consortium, and out-of-pocket expenses are all damages that need to be properly assessed and presented. If the settlement or arbitration does not go in your favor, the case goes to trial.
Once at trial, your lawyer will need to prove the other driver contributed to the cause of the accident more than you did. It is important to note that Delaware follows the legal principle of comparative negligence. This means that if you are awarded damages, the amount you receive is the total amount minus your percentage of fault. In other words, if you are found to be 30 percent at fault, you will receive 70 percent of the total compensation award. If you are more than 50 percent at fault, you are barred from receiving anything. This is why it is critical to have a lawyer who can prove the other driver caused the accident.
Delaware Car Accident Lawyers at McCann Dillon Jaffe & Lamb, LLC Can Represent You
If you have been seriously injured in a car accident, you need a lawyer to represent you through the long and complicated legal process. One of our experienced Delaware car accident lawyers at McCann Dillon Jaffe & Lamb, LLC can advocate on your behalf. Call us at 302-888-1221 or contact us online for a free consultation. Located in Wilmington, Delaware, we serve clients throughout Dover, Newark, and Middletown.