25 November

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How Pain and Suffering Damages Are Calculated in Delaware

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Compensation for Emotional Distress in Personal Injury Cases

When you suffer injuries in an accident caused by someone else's negligence, the consequences go beyond medical bills and lost wages. The physical pain, emotional distress, and reduced quality of life can take a significant toll. These non-economic losses, referred to as pain and suffering damages, are a key component of personal injury claims in Delaware. What Are Pain and Suffering Damages? Unlike economic damages like medical bills and lost wages, pain and suffering damages aim to compensate victims for the intangible impacts of an injury. These damages typically fall into two categories: Physical Pain: Includes chronic pain, discomfort, and the impact...

18 November

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Liability in Delaware Truck Accidents

Posted by Delaware Legal News

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What to Do if Your Loved One Was Killed During a Trucking Accident

Truck accidents can result in devastating injuries and significant property damage due to the size and weight of commercial vehicles. In Delaware, determining liability in these incidents is often a complex process that involves understanding federal regulations, state laws, and specific circumstances surrounding the accident. Knowing who may be held accountable is critical for ensuring victims receive the compensation they deserve. Potential Liable Parties in Truck Accidents Truck Drivers A truck driver may be held responsible if their negligence caused the accident. Examples of driver negligence include speeding, distracted driving, driving under the influence, or violating hours-of-service regulations designed to prevent fatigue....

11 November

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Understanding Personal Injury Claims Litigation in Delaware

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The Benefits of Hiring a Personal Injury Lawyer in Delaware

When you've been injured due to someone else's negligence, seeking compensation is essential to cover medical bills, lost wages, and pain and suffering. In Delaware, filing a personal injury claim often begins with settlement negotiations, but if those fail, the case may proceed to litigation. Understanding what happens during personal injury litigation in Delaware can help you navigate this often complex process and set realistic expectations. Filing the Lawsuit The litigation process begins when the injured party (plaintiff) files a complaint in the appropriate Delaware court. This document details the facts of the case, the legal grounds for the claim, and the...

04 November

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Worker’s Compensation Rights in Delaware

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What You Need to Know About Delaware's Workers' Compensation Laws

Workers’ compensation in Delaware is designed to protect employees who experience work-related injuries or illnesses, ensuring they receive financial and medical support while they recover. This benefit system is crucial for injured workers who may face significant medical expenses and lost wages, allowing them to focus on their recovery without the added burden of financial strain. Understanding your rights under Delaware’s workers’ compensation laws can help you make informed decisions if you ever need to file a claim. Eligibility for Workers’ Compensation in Delaware In Delaware, most employers are required to carry workers' compensation insurance for their employees. This coverage applies to...

28 October

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What to Do After a Rideshare Accident in Delaware

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Who Is Liable for a Delaware Rideshare Accident?

Rideshare services like Uber and Lyft have become a popular transportation option in Delaware, but accidents involving rideshare vehicles can be complex and stressful. If you’ve been injured in a rideshare accident, whether as a passenger, driver, or other party, knowing the right steps to take can significantly impact your ability to seek compensation. Here’s what you need to know and do to protect your rights after a rideshare accident in Delaware. 1. Prioritize Safety and Seek Medical Attention The first step in any accident is to ensure your immediate safety and health. Move to a safe area if possible, away from...

21 October

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Understanding Comparative Fault in Delaware Auto Accidents

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Understanding Comparative Fault in Delaware Auto Accidents

Auto accidents can be complex, particularly when multiple parties share responsibility for the crash. In Delaware, the legal principle of comparative fault plays a vital role in determining how damages are awarded in personal injury cases involving car accidents. Understanding comparative fault and how it impacts compensation is essential for anyone involved in a collision, whether they are pursuing a claim or defending against one. For a Delaware auto accident lawyer at Edelstein, Martin & Nelson, LLP, navigating the intricacies of comparative fault laws is key to securing fair outcomes for clients. What Is Comparative Fault? Comparative fault, also known as comparative...

14 October

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Who is Liable in a Wrongful Death Claim?

Posted by Delaware Legal News

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Types of Evidence You Can Use for Disability Benefits

When a loved one dies due to someone else’s negligence or wrongdoing, the emotional toll can be devastating. Beyond the personal loss, the legal aftermath can feel overwhelming as families try to understand their options for seeking justice. A wrongful death claim allows surviving family members to pursue compensation for their loss, but one of the key questions is: Who can be held liable in these cases? In Delaware, liability for wrongful death can be attributed to individuals, companies, or entities whose actions or inactions contributed to the fatal incident. Here's a closer look at who might be liable in a...

07 October

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Why It’s Important to File a Wrongful Death Claim

Posted by Delaware Legal News

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Losing a loved one due to someone else’s negligence or wrongdoing is devastating, and it’s even harder to know where to turn when faced with the emotional and financial toll of such a loss. In Delaware, a wrongful death claim provides families with a legal avenue to seek justice and compensation for their loss. While no amount of money can bring back a loved one, filing a wrongful death claim serves several important purposes, from holding the responsible party accountable to ensuring financial stability for the family. Here are key reasons why it’s crucial to file a wrongful death claim. 1. Hold...

30 September

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Who Can File A Wrongful Death Claim?

Posted by Delaware Legal News

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Most Common Car Accident Injuries and Your Legal Options

The death of a loved one is always a devastating experience, especially when it’s the result of someone else’s negligence or wrongdoing. In Delaware, families of victims who have lost their lives due to another party’s negligent or intentional actions may be able to pursue justice through a wrongful death claim. However, understanding who has the legal right to file such a claim is essential before proceeding. Delaware law outlines specific guidelines about who can bring a wrongful death action and under what circumstances. 1. Immediate Family Members Under Delaware law, the right to file a wrongful death claim is generally limited...

24 September

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Wrongful Death Claims in Delaware: What You Need to Know

Posted by Delaware Legal News

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The loss of a loved one is devastating, especially when their death was caused by someone else’s negligence or wrongdoing. In Delaware, surviving family members may be able to seek justice through a wrongful death claim. These claims can help families recover compensation for the emotional and financial losses caused by the death of a loved one. Understanding how wrongful death claims work in Delaware is essential to protecting your rights and seeking the justice your family deserves. 1. What Constitutes a Wrongful Death in Delaware? A wrongful death claim arises when a person’s death is the direct result of another party’s...