Serious Injuries Require Serious Representation
Catastrophic injuries can be life changing. Spinal cord damage, amputations, burns, and other severe and potentially life-threatening injuries not only cause tremendous bodily pain and discomfort, they impact a person’s quality of life. These types of serious injuries often require extensive medical treatment, rehabilitation, and even lifelong care.
Car accidents are one of the leading causes of catastrophic injuries. Often the result of texting, speeding, impaired driving and other reckless behaviors, these injuries are not only disabling, but are often entirely preventable. Because the financial impact of a catastrophic injury can be devasting for the victim and their immediately family, a personal injury claim should be considered to recover compensation for the injured person’s losses.
If you or a loved one has suffered a catastrophic injury in a motor vehicle accident, here are some things to consider before taking any sort of legal action.
Common Catastrophic Car Accident Injuries
- Loss of limbs: Limb loss occurs immediately as the result of a crash or through surgical amputation to remove a damaged limb or appendage. Amputations require extensive recuperation and rehabilitation to help the victim “relearn” how to do basic tasks.
- Neck and spine injuries: Bruising, overstretching, or severing of the spinal cord affects the pathways through which the brain sends signals to the body, leaving victims with partial or complete paralysis. Depending on the extent of paralysis, individuals may need around-the-clock care and assistance.
- Traumatic brain injuries: Car accidents are the third-leading cause of hospital visits for traumatic brain injuries (TBI.) Brain damage can lead to impaired cognitive function, sensory problems, and emotional problems.
Personal Injury Claims in Delaware
Statue of Limitations
Most catastrophic injuries require extensive and even permanent medical care. For this reason, car accident victims often choose to pursue legal action to recover compensation for these expenses. In the state of Delaware, potential plaintiffs have two years to bring a personal injury claim against any negligent party whose reckless actions resulted in a car accident.
That two-year period begins as soon as the crash occurs. This two-year deadline also applies to accidents where your property was damaged and where a loved one was killed. The statute of limitations in a wrongful death suit begin the date of the victim’s passing. It takes time to build a solid case, which is why it is always smart to contact a Delaware car accident lawyer immediately after a serious crash.
Delaware Car Accidents and Comparative Negligence
Delaware subscribes to the principal of “comparative negligence.” That means that while car accident victims can recover damages from an at-fault party, those damages are limited by the amount of fault, if any, the injured victim had in the crash. The plaintiff’s liability is assigned a percentage and that percentage is subtracted from the total damages for catastrophic injuries.
If the plaintiff bears more than 50 percent of the liability for a car accident in Delaware, they are not entitled to receive any damages at all. To receive any financial restitution, the plaintiff’s liability cannot be greater than any other at-fault parties. Accurately proving fault for a crash is essential because the damages for catastrophic injuries are generally significant.
Catastrophic Injuries and Insurance Settlements
If you have suffered debilitating, catastrophic injury in a motor vehicle accident, you will likely receive an offer to settle from the at-fault party’s insurance company. While you may be inclined to accept their first offer, by doing so you risk forfeiting additional damages for your medical expenses and reduced quality of life. Contact your Delaware car accident lawyer for guidance with filing your insurance claim and evaluating any potential settlement before moving forward.
Delaware Car Accident Lawyers at McCann & Wall, LLC Manage Claims for Crash Victims Suffering Catastrophic Injuries
No one wants to imagine they may someday suffer catastrophic injuries in a car accident. But there is some comfort in knowing there are legal remedies available to recover financial compensation for the many ways these injuries can change your life. To discuss your situation with a Delaware car accident lawyer experienced in tackling the most complex cases, trust McCann & Wall, LLC. We will review every detail of your accident to determine the best legal course of action for your needs. If you choose to accept a settlement, we review the terms to ensure it makes sense for you. We advocate on your behalf every step of the way so you can focus on recovery and moving forward after a serious car accident.
To get started today, call 302-888-1221 or 215-569-8488 or use the convenient online contact form to schedule a free initial consultation in any of our greater Philadelphia region offices in Delaware, Pennsylvania, and New Jersey. We assist clients throughout the state of Delaware, including those in Dover, Middletown, Newark, and Wilmington.