14 March

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Three frequently asked questions regarding personal injury cases

Posted by Law De

in Blog

After sustaining a personal injury and filing a claim, it’s normal to have questions regarding your case. Here we will examine a few of the most frequently asked questions about personal injury cases. What does it mean to go to a jury trial? According to the Constitution of Delaware, a person who has been injured has a right to seek damages for their injuries in front of a panel jury of twelve of their peers. During the trial, your lawyer presents an opening statement along with evidence to support your claim. Such evidence can include documents, testimony, videos, and photographs, for example....

07 March

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How to Prove That a Nursing Home Acted Negligently

Posted by Law De

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How can you prove that a nursing home acted negligently? Perhaps you entrusted a nursing home with your elderly loved one. Maybe it got to that point in their life where they needed constant, around-the-clock care that you just couldn’t give to them. So, you sat down and researched every single nursing home in the area until you found the right one – or so you thought. It turns out that nursing home abuse is more common than we once thought. We don’t want to think that our loved ones could suffer from abuse by their caretakers, but this doesn’t...

28 February

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Facts about receiving medical treatment following a personal injury

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Doctors who treat personal injuries Finding medical treatment for a personal injury isn’t always as simple as one might assume. To begin, the primary care physician you’ve been seeing for years may, at times, refuse to treat you. This is not a personal grievance. It has to do with the fact that in circumstances involving an injury caused by an accident, a number of complications arise. Accidents create complications stemming from the bills involved, additional paperwork and forms, and deadlines that the average general practitioner is both ill-equipped and undetermined to deal with. Unfortunately, the only malefactor of such a scenario will...

21 February

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Misdiagnosis and How it Leads to a Personal Injury Case

Posted by Law De

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At Edelstein Martin & Nelson, we specialize in medical malpractice claims and want to help you compensate after you have been injured at the hands of a doctor, nurse, or any other healthcare professional due to a medical mistake. There are many medical mistakes that you could fall victim to, such as misdiagnosis. Today we will talk a bit more about misdiagnosis and how it occurs, as well as how you can receive the compensation that you are entitled to. Types of Misdiagnosis Sometimes, doctors and other professionals fail to detect the presence of serious diseases in our bodies, which means...

14 February

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Talking to Your Attorney and the Insurance Company After Your Accident

Posted by Law De

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After your accident takes place, you’ll be talking to more people than just your physician at the hospital where you seek medical treatment. You’ll have to schedule an appointment with your attorney to talk about how to move forward with your case, as well as fight the big-name insurance company to get the compensation you deserve. Today we will discuss the do’s and don’ts of talking to the insurance company, as well as what documents you want to show your attorney at your initial consultation. Talking to the Insurance Company When you make your insurance claim, you are telling the insurance company...

07 February

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Pharmaceutical Drugs Causing Injuries to Users: What Can Be Done

Posted by Law De

in Blog

Product liability suits come about every year due to the negligence of manufacturers. Manufacturers owe a duty of care to those who use certain drugs on the market. It is up to them to test the drugs and medicine before they actually release them to the markets, according to Food and Drug Administration (FDA) regulations. Of course, when it comes to pharmaceutical drugs, the manufacturers aren’t the only parties who could be found liable. Sometimes, it all boils down to the doctor who prescribed your drug, the nurse who instructed you to use it, and more. However, today we will...

01 February

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Driver Fatigue Played a Role in my Car Accident

Posted by Law De

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With many accidents happening on highways in Delaware each year, it’s hard to say what the leading causes are at times. However, we know that each year, drivers enter the roads after a long day of work and they as well as other drivers never make it home because they are injured or killed by fatigue. What role does fatigue play in car accidents? Driver fatigue plays a role in a wide variety of cases. Fatigue is not just your normal ‘tired,’ it is a type of tiredness brought on by not getting enough rest over a long period of time....

25 January

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How Important Witnesses Are to Your Car Accident Case

Posted by Law De

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In many cases, when a car accident in Delaware happens between two parties, they are the only two who have witnessed what happened. This is why car accidents can become quite complicated very quickly – because, when it is one driver’s word against another, sometimes a case requires further investigation. Because car accidents can become complex matters, it is always good to identify “third party” witnesses who may have seen exactly what happened in your case. Eyewitness testimony is when somebody gives a description at a trial when they have seen what happened in the event of an accident. It is...

18 January

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Fatigued Driving: Responsible for Many Car Accidents Every Year

Posted by Law De

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The statistics are in, and we are alarmed by what they’ve found. According to the National Sleep Foundation’s 2005 Sleep in America poll, about 168 million people have driven a vehicle while feeling drowsy. Then, it was determined that 103 million people have actually fallen asleep at the wheel. Every year, there are about 1,550 deaths, 71,000 injuries, and $12.5 billion in monetary losses. The unfortunate fact is that there is no test to determine how sleepy someone is when they enter the roadways. All we know is that fatigued driving causes a variety of auto accidents every year, some...

10 January

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Injured in a Delaware DUI Accident? We Can Help

Posted by Law De

in Blog, Legal Advice

Accidents happen on our roadways every day, but many of them can be prevented. What happens if a drunk driver enters the roadway and causes an accident, turning your life upside-down? Sadly, this is the case for many drivers every year, who never expect it to happen to them. Accidents by other drivers happen for a variety of reasons, from distracted driving to weather conditions and more. But when you are injured due to the reckless nature of a driver who decided to get drunk and get behind a wheel, you may have questions. We have answers. In 2008, statistics...