When to Hire Personal Injury Lawyers in Centreville DE
When someone is injured or loses their lives because of the action or inaction of a third party, it may be worth considering hiring personal injury lawyers Centreville, DE. Personal injury law is a specific area of the law that is intended to protect victims from financial losses due to the negligence of a third party. What types of cases are applicable to personal injury? Personal injury law is applicable to accidents which cause harm to a third party when the person responsible for the accident acted in a manner that was intentional or negligent. Under Delaware statutes, even when a person is only partially responsible, they may be held financially responsible for the accident under a statute known as the “modified comparative fault rule”.
What is the modified comparative fault rule? In effect, the court will determine if the victim is partially at fault for their injuries and reduce any awarded damages by the percentage of that fault. For example, if two parties are involved in a car accident and one driver ran a red light and another driver was using their cell phone, both parties are at fault. If the victim was using the cell phone, they may be deemed to have been 20 percent responsible for the accident while the driver who ran the red light is responsible for the other 80 percent. In the event the court awarded a judgment of $100,000 the victim would receive only $80,000 of the judgment.
Are there time limits on filing a claim? Yes, as with most other states, there is a statute of limitations on filing a personal injury claim. One of the issues that personal injury lawyers in Centreville, DE will discuss is when the incident occurred. Personal injury claims must be filed no later than three years after the date of the incident. What types of accidents fall under personal injury? There are a broad range of accidents which may result in a personal injury suit including: Automotive – car, truck, motorcycle, underinsured and uninsured motorist cases can all result in personal injury claims. Non-automotive – pedestrians or bicyclists who are injured as a result of a careless driver or other incident may file personal injury claims. Dog bites – under Delaware law, dog owners are strictly liable for any injuries their pet caused to another person.
Other types of accidents involving slips and falls, dangerous product injuries and even medical malpractice fall under the umbrella of personal injury law. Victims of injuries or those who have lost a loved one because someone else acted in a negligent manner should consider seeking the assistance of personal injury lawyers in Centreville, DE if they believe they have a case. In most cases, a review of your case will help you determine the best way to proceed.