Need to hire a Personal Injury Lawyer?
If you’re looking for an injury lawyer in Wilmington, Delaware – we’re ready to help! Here at Stirparo Law, you will receive practical counsel and excellent representation.
Experiencing harm to your mind or body is very traumatic, and when it happens, you need an injury lawyer who is experienced and fights hard to protect your rights. We understand your needs at that time and will work with you, listen to you, and use our expertise to help.
Call us today at (302) 479-9555 to schedule an appointment for a free consultation or contact us at here to schedule an appointment today!
What Makes A Personal Injury Case?
Personal injury law is a type of law known as tort law. In these cases, the person bringing suit ("the plaintiff") has suffered harm to his or her body or mind. The plaintiff files suit against the person or entity (defendant) that caused the damage through the following acts.
- Negligence
- Gross negligence
- Reckless conduct
- Intentional misconduct
The damages suffered vary in their definition depending on the jurisdiction. However, they typically include the injured person’s (plaintiff’s) medical bills, pain and suffering, and reduced quality of life.
How Are Personal Injury Cases Resolved?
Informal settlement:Most personal injury cases are resolved by informal settlement before a lawsuit is filed. A plaintiff’s personal injury attorney usually reaches a settlement with the defendant’s auto insurance company after negotiation. Once an agreement is reached between the parties, the settlement is confirmed in writing and the plaintiff must sign a release, which is a written agreement stating the agreed upon amount to be paid by the defendant to the plaintiff in order to resolve the plaintiff’s bodily injury claim.
Formal lawsuit:
However, not all claims are settled prior to a lawsuit being filed. If a lawsuit is filed, the claim proceeds through the litigation process governed by court rules and procedures, and ultimately may result in a trial in court in which the court ultimately has to resolve the issues and determine the outcome of the case. At trial, the court will have to determine whether any party was at fault in causing the injuries, which party was at fault for the injuries, and the extent of the damages caused by the injuries. If the defendant is determined to have caused the injuries and damages to the plaintiff, that defendant will be held legally accountable and a court judgment for a sum certain will be entered against the defendant.
A formal lawsuit involves more time from the client because of all the formalities and paperwork required. These cases are started by an individual (plaintiff) who files a civil complaint against another person, business, corporation or government department – this "other" party is also known as the "defendant." The complaint filed with the court states that the defendant was careless or irresponsible resulting in injury that caused the plaintiff harm. The process is called "filing a lawsuit."
Even though formal lawsuits are the most traditional approach after informal settlement negotiations fail, it usually takes longer to resolve the claim after filing a lawsuit because of the following reasons:
- A busy court docket
- Case delays
- Increased litigation costs
- Negative psychological and emotional impact of litigation on the plaintiff
- It can take 2-3 years to get to trial and appeals lasting several years may follow
Statute of Limitations & How It Affects Personal Injury Cases
Once an accident or injury occurs, the clock starts ticking! Plaintiffs have a limited amount of time to either settle their claim or file a complaint in order to pursue a case against the defendant. A Statute of Limitations begins once harm is inflicted upon the plaintiff or when the plaintiff discovers the injury.
Statutes of Limitations are governed by state law and vary in length depending on the type of accident or injury. For example, in some states, certain personal injury cases have a Statute of Limitations of two years, while in other states the statute of limitations for that same type of personal injury can be longer or even shorter.
Therefore, it is best to check with individual state laws or with a personal injury attorney to confirm the time restraints involved in your state’s personal injury Statutes of Limitations.
Common Cases Of Personal Injury
There are many types of personal injury cases that can occur and not all of them lead to liability or blame. Some of the more common personal injury cases that require an injury attorney include the following.
Car accidents:
In the United States, car accidents comprise the majority of the personal injury cases. Accidents usually occur because someone violates the traffic laws or they are being careless and not paying attention causing them to drive inattentively or recklessly. A negligent driver in such case can typically be determined to be at fault for causing injuries to another person and held financially responsible for their injuries and damages. Visit our page on personal injury car accidents to learn more.
Slip and fall injuries:
Property owners such as landlords, restaurant owners, retail shop owners, or other types of owner, whether they are an individual or business entity have a responsibility under the law to maintain their properties to be safe so that those visiting or staying at the property are not injured. There are exceptions, as with most rules, and this one is no different. The landowner's legal responsibilities vary when it comes to property safety. Their liability also depends on the law that was in place at the time of the accident.
Dog bite injuries:
When attacked or bitten by a dog you may have the right to pursue a personal injury claim for your injuries. Therefore, you should immediately seek legal advice and schedule an appointment for a free consultation and consult with a personal injury lawyer to determine whether or not you should pursue the matter further.
Medical malpractice:
These cases arise when a physician or other health professional fails to provide appropriate care, and a patient is injured or harmed as a result. Medical malpractice is a type of personal injury that is very complicated, expensive to pursue and difficult to win as compared to the other types of personal injury claims mentioned.
Get The Legal Help You Deserve
As with any lawsuit, or complaint filed, there are differences in each type of case. If you think or know you’ve been involved in one of the personal injury scenarios described above or one similar – you should contact a personal injury attorney to determine whether you have a case.
Here, at Stirparo Law, you will receive the utmost attention and experienced advice whether or not you have a case. If you want a personal injury lawyer in the Delaware area who will take the time to listen to you, give you great advice throughout the process and fight hard to obtain for you just compensation for your injuries – you’ve reached the right law firm!
