Understanding Comparative Negligence in Delaware
Filing a car accident claim for compensation requires proving negligence. Understanding how comparative negligence works in Delaware is vital for increasing your chances of compensation. This can help you identify what steps to take when filing your claim. Feel free to ask a Wilmington accident attorney for more information about how this process works.
WHY PROVING NEGLIGENCE MATTERS
Proving negligence involves proving fault for a car accident to establish who owes money for the damages caused. What usually happens is a car accident claim is filed with the auto insurance company, and a claims adjuster is assigned to each driver. As the 
driver who was injured in a car accident, it is your task to submit evidence to support your accident claim.
The claims adjuster will examine your car accident claim to compare evidence and information to that of the other driver. This process will determine each driver’s role in the car accident in terms of negligence. How this works depends partially on state laws governing negligence.
The three types of negligence laws include contributory negligence, comparative negligence, and modified comparative negligence. Contributory negligence requires a driver to be completely innocent to qualify for compensation. Comparative negligence offers compensation based on the percentage of fault for the accident.
Negligence must be proven in comparative fault states like Delaware for you to qualify for compensation. Not proving negligence may prevent you from being compensated for your injuries and other damages caused by the car accident. This means more out-of-pocket expenses.
WHAT IS COMPARATIVE NEGLIGENCE IN DELAWARE?
The way comparative negligence works in Delaware is by assigning a percentage or portion of fault to each driver. This includes any drivers associated with the car accident collision. Compensation is awarded to each driver based on their proportion of fault for the car accident.
This means that a driver may receive more or less compensation depending on how at fault they are deemed for the accident. Drivers who are deemed more at fault may receive less compensation, whereas drivers who are considered less at fault are likely to receive more compensation.
What many people find helpful about comparative negligence is that they are not completely denied compensation if they were somewhat at fault for the accident. Fault for the accident is determined in a more precise way with evidence, facts, and testimonies. In this way, all drivers have the potential to be compensated in some way for the accident.
Try contacting a Wilmington car accident lawyer if you have any questions or concerns about how this process works. An experienced lawyer can help you take steps to prove negligence and defend yourself against the other driver. You might be able to increase the amount of compensation you could be eligible for.
CONTACT EDELSTEIN MARTIN & NELSON FOR LEGAL ASSISTANCE
Navigating the complex legal processes of proving negligence in a car accident claim for compensation can be frustrating. Call Edelstein Martin & Nelson today at (302) 504-4815 to talk to a Delaware car accident lawyer for a free consultation. Our team of attorneys can help you obtain compensation for medical bills, pain and suffering, and lost wages. We are located in Wilmington, DE.
