Phone: (302) 565-6100 (call or text)

Fax: (302) 565-6101 

©2017 Kimmel, Carter, Roman, Peltz & O'Neill, P.A.

Car Accidents

Even a car accident that seems minor can have serious consequences, impacting your ability to pay your bills, to spend time with your loved ones and to engage in the activities that bring you joy, while working with an insurance company to sort out a claim can leave you feeling frustrated and helpless – at best. 

 

At Kimmel Carter, we’re here to help you take back control. With over 210 years of combined experience, our attorneys have the knowledge and the skill to win complex car accident cases against even the toughest insurance companies, so that you can get the compensation you need to pay your bills and get back to your life. 

 

As the largest law firm in the state that exclusively handles personal injury and workers’ compensation cases, we’re able to focus all of our extensive resources on helping injury victims. So it makes sense that members of our team are regarded as some of the best car accident lawyers in Delaware by their peers, our clients, and the community, and that we consistently obtain impressive settlements for clients injured in motor vehicle accidents, as well as for bicyclists, motorcyclists and pedestrians. 

With this reputation, insurance companies both fear and respect us, a fact that helps us get the best possible settlement for your injuries. And should your case go to trial, rest assured that you’ll have an experienced advocate in the courtroom, ready to fight for you until the end.  

 

No out of pockets costs – just the compensation you deserve. In the aftermath of an accident, attorney fees should be the last thing on your mind. Our office offers free consultations and contingency fee arrangements, so that you will only ever pay us a percentage of what we win for your case – never anything out of pocket. 

Motorcycle Accidents

If you get hurt on your bike, it can be truly devastating. 

 

With so little protection from the elements, as well as other vehicles, a motorcycle crash can easily result in severe injuries, including broken bones and serious head trauma – and that’s to say nothing of the emotional toll of an accident. 

 

Under these circumstances, you want the strongest people on your side. With in-depth experience with the unique nature of motorcycle accident cases and an impressive record of victories for motorcycle riders, the Kimmel Carter team has what it takes to get you the compensation you deserve for your injury. 

 

Skilled in both negotiations and the courtroom, our attorneys will fight to help you pay for your physical therapy and other medical bills, for lost wages due to your injury and for damage to your bike and other property. Our deep knowledge of the law and the legal environment in Delaware allows us to successfully defend the rights of motorcyclists, bicyclists and other vulnerable groups, while our responsive, compassionate legal team will make sure that you feel at ease throughout the duration of your case. 

 

If you or a loved one was hurt in a motorcycle accident, we’re here to help. Please call or contact us to schedule your free consultation today. 

Truck Accidents

On average, fatal truck accidents occur almost 11 times every day in the United States. With truckers expected to work longer hours on less sleep, it's no wonder why the roads are becoming increasingly dangerous.

 

Kimmel Carter's attorneys have extensive experience handling truck accident cases, and we are committed to making sure that you recover the maximum compensation possible for your injuries. 

If you have been involved in a truck accident, we can help you figure out whether or not it makes sense to move forward with a personal injury case. Please call or contact us today for your free consultation. 

Hit-and-Run Accidents

As upsetting as a car accident is under normal circumstances, it can be especially difficult to cope with a crash when you don't know who was responsible. And unfortunately, there has been a disturbing increase in the number of fatal hit-and-run crashes in the United States in recent years, including in Delaware.  

In these complex situations, a trusted attorney can help you recover in a meaningful way. If you or a loved one has been a victim of a hit and run accident, call us today to schedule your free consultation. 

Pedestrian Accidents

Whether they are hurt crossing one of New Castle County's many four-lane highways or the southern end of Route 1, pedestrians seem to be struck in Delaware far too often. Sad though it may be, it is unsurprising that our state has been called the most dangerous in the country for pedestrians, with Delawareans nearly twice as likely to die walking as pedestrians than in any other state in 2012 and 2013. 

Given the severe nature of pedestrian accidents, it is often a good idea to contact an attorney if you have been hit by a vehicle. Even when pedestrian accidents are not fatal, they can require extensive surgery or medical attention, and it is best not to wait to look into your options for reimbursement for these expenses. 

If you or a loved one has been hurt as a pedestrian, please contact us today to speak to one of our experienced lawyers for free. 

Drunk Driver Car Accidents

Car accidents involving drunk driving cause almost 30 deaths per day in the United States and account for nearly a third of all traffic-related deaths.

Drunk driving puts everyone else on the road at risk, and our team is committed to ensuring that you get the compensation you deserve if you were hurt because someone was driving under the influence of alcohol or drugs. If you believe that you were hit by a drunk driver or another type of impaired driver, we can help you recover. Reach out today to for a free consultation with a Kimmel Carter attorney. 

Car Insurance Companies

When you are hurt in a car accident or suffer from another type of personal injury, you will probably find yourself dealing with insurance companies far more than you would like. 

 

It’s easy to feel overwhelmed with the amount of industry terminology and "special rules," that you encounter from insurance providers, and it can be difficult for a layperson to tell the difference between valid legal authority and an insurance company trying to back out of its obligation to those insured. To help you begin to sort through the jargon, we've taken the time to briefly describe the types of insurance policies you may encounter in the event of an injury, primarily if you were injured in a car accident:
 

  • Personal Injury Protection (PIP) - PIP insurance in Delaware pays the insured for injury and property loss suffered in an accident.
     

  • Liability Protection - Liability insurance protects the insured against lawsuits up to the policy limits. Insurance companies generally pay the other driver, but they also hire lawyers to represent the insured.
     

  • Uninsured and Underinsured Motorist (UM & UIM) - UM/UIM coverage is like a liability policy, except that it pays the insured, especially when the other driver has a low liability policy or no liability policy.
     

  • Workers' Compensation Insurance (WC) - You may be concerned with WC insurance if you're involved in a car accident on the job, whether as a truck driver or in another line of work. 

 

Some important notes about car insurance companies:  Your PIP, UM and UIM carrier are often the same company, and they generally do not hire lawyers to defend you. On the contrary, they may hire lawyers to argue for a lower award or to claim that you were at fault. They do this because they make a profit by avoiding paying on claims that they think they can win in court.

 

Additionally, your liability carrier's lawyer does not represent you, they represent the liability carrier. When the liability company decides to settle the claim between the other driver and itself, it checks out of the case, with very rare exception. This is because their contract with you extends only as far as the policy limits, and they will only hire lawyers to defend a case when they think it will save them money.

If you have questions about Delaware insurers, a Kimmel Carter attorney can give you answers. Get a free consultation today to navigate your situation with confidence. 

Dog Bite Injuries

An animal owner can be liable if their animal bites or attacks another person. The injured party does not necessarily have to prove that the animal was vicious in nature in order to recover for animal attack injuries. The injured party must simply establish that the animal owner was negligent. Negligent conduct can include:

  • Failing to protect others from an animal known to be dangerous

  • Failing to properly restrain the animal on a leash or otherwise

  • Improperly containing an animal to prevent escape

  • Harboring wild animals, such as lions, bears and monkeys
     

Animal attacks can result in dangerous injuries including bruises, scratches, infections and, in extreme cases, death. Accidents can also occur when a person is fleeing from an aggressive animal. Delaware law makes an owner strictly liable for dog bites, except when the victim was a trespasser, a criminal, or tormenting the animal.

If you or a loved one was injured by an animal, our attorneys can help you evaluate your situation and bring a case against the negligent animal owner. We will make every effort to get you the compensation you deserve. We offer contingent fee arrangements, so you won't pay until we win your case.

Traumatic Brain Injury (TBI)

A brain injury can result from any accident or event that involves a blow to the head, from car accidents to assaults, gunshot wounds or slip-and-fall accidents.

 

Head injuries vary from concussions to traumatic brain injury (TBI). TBI can be mild or severe. Mild cases can result in loss of consciousness, headache, memory problems and mood swings. In more severe cases, TBI can cause:

 

  • Extended periods of memory loss

  • Limited arm and leg function

  • Abnormal or slurred speech

  • Problems reading and writing

  • Emotional problems

  • Confusion and distractibility

  • Seizures

  • Coma

  • Death

When a brain injury is caused by someone else’s negligence, the victim may be entitled to recover damages from the responsible parties. Damages can compensate the victim for medical expenses, loss of current and future earnings, pain and suffering and property damage. In extreme cases, when a brain injury results in death, the victim’s family may also be entitled to payment.

Kimmel Carter represents those who have suffered brain injuries, as well as their families. Our attorneys can expertly evaluate your situation and pursue claims on your behalf. We understand the devastating impact that a brain injury can have on your life, and our goal is to get you the compensation you deserve. 

Bicycle Accidents

Kimmel Carter's attorneys have extensive experience representing clients who have suffered personal injuries from bicycle accidents, as well as the loved ones of those who have been hurt or killed in a bike accident.

 

Bicycle accidents often result from a motorist’s negligence or inattentiveness while driving. Common examples of careless driver conduct are:

  • Turning or changing lanes directly in front of a bicyclist

  • Failing to stop at a red light or yield at an intersection

  • Pulling out of a driveway or parking spot without proper care

  • Driving under the influence of alcohol or drugs

Cyclists can also be injured due to dangerous road conditions – such as gravel on roadways, uneven sidewalks or defective products including bike helmet failure or breaking chains. Because cyclists are relatively unprotected on the road, injuries can be very severe. Victims can suffer abrasions, broken bones, various internal injuries, paralysis and, in the worst accidents, death.

 

We work to protect the rights of bicyclists. Our attorneys have the skill and insight necessary to obtain suitable compensation for our clients who have suffered serious injury in bicycle accidents. We also file wrongful death claims on behalf of survivors of those who were killed in cycling accidents.

If you or your loved one has been involved in a bicycle accident, we can help you make steps towards your recovery. Schedule a free consultation with a Kimmel Carter attorney today.

Injuries to Children

Children and teenagers have a higher risk of injury than adults, due in part to their smaller size and natural curiosity. Children are often not able to protect themselves or adequately appreciate the risks of their own behavior. Injuries are commonly caused by:

  • Playing in unsafe places

  • Ingesting harmful household products and chemicals

  • Car accidents

  • Household fires

  • Falling into unguarded swimming pools

  • Putting foreign objects in the mouth

  • Playing with fireworks or other explosives

  • Carelessly crossing the street

  • Maltreatment by those in a position of authority

  • Negligent driving by new drivers

A Kimmel Carter attorney can help you in this difficult time.  We can assess your situation and help you receive the settlement your child deserves. Schedule a free consultation today.

Spinal Cord Injury

A traumatic spinal cord injury (SCI) can be caused by a sudden blow to the spine, such as in a car accident, resulting in fracture, dislocation or compression of the vertebrae. SCI can also be caused by a gunshot or knife wound that severs the spinal cord.

 

Most SCIs cause permanent disability or paralysis below the site of injury. SCI sufferers can also experience pain, sensitivity to stimuli, muscle spasms and sexual dysfunction. Additional damage commonly occurs with the passage of time due to swelling, bleeding, inflammation and fluid accumulation.

Common causes of SCI include:

  • Car accidents

  • Acts of violence, such as gunshots and stab wounds

  • Falls

  • Sports accidents and recreational accidents

  • Electric shock

If your SCI was caused by the negligent or criminal acts of another person, you may be entitled to a financial judgment against the responsible party. We understand the complexities involved in a SCI case and have  experience helping victims of tragic injuries to get appropriate compensation. Learn about your options with a free consultation.  

Wrongful Death

An abrupt death caused by the wrongful or negligent conduct of another can turn the lives of family members and loved ones upside down.

 

The attorneys at Kimmel Carter can help protect your rights and the dignity of your loved ones who have passed. We have experience with car accident deaths, work injury deaths, deaths from nursing home neglect, air crash deaths, deaths on the premises of another and other kinds of wrongful death. Your attorney will be reachable within 24 hours during your case, so you can feel confident that your case is being handled properly, and have the opportunity to grieve in peace.

If you have questions about your rights following the death of a family member or loved one, reach out to schedule your free consultation. We can help you get the answers you deserve.

Premises Liability

If you're hurt by a dangerous condition on someone else's property, you may be entitled to compensation for your injuries.

 

There are many different types of cases that fall under the legal term of "premises liability," with the slip-and-fall case as one of the most common. If you have been hurt by any kind of hazard or dangerous conditions on someone else's property, Kimmel Carter's attorneys can help you understand the circumstances of your injury and if you may be entitled to compensation.

To find out if the facts of your particular case may give rise to a premises liability claim, schedule a free consultation with us today. 

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Our award-winning attorneys are passionate about helping those who have been hurt as a result of the negligence or recklessness of others, or who have been injured on someone else's property by a hazard.

Kimmel Carter represents clients who have been involved or suffered from the following and more:

Why choose us? 

Our unique position allows us to provide you with superior service. While our size, experience and reputation help our attorneys to stand up to insurance companies, we can get you as much compensation as possible for your injuries. We are still a fully-local, family firm at heart, meaning that when you hire us, you will work one-on-one with an attorney who cares deeply about your case, and is never too busy to return your calls. We believe that our approach is exactly what you need when you are injured: the sense that everything is being taken care of, and the successful outcome to prove it. 

Committed to advancing justice in Delaware. Serving the First State since 1972, Kimmel Carter's attorneys have not only successfully represented thousands of injury victims, they have made Delaware a more just place for everyone who lives and works here. Through their leadership roles in the Delaware Trial Lawyers Association, the Delaware State Bar Association, and more, members of our legal team have written vital pieces of legislation that protect your rights when you are injured.  With this experience, we have an unbeatable command of the issues surrounding your case. 

Thanks to our free consultations and contingency fee policy, you will never have to worry about out-of-pocket costs with us. We will only receive a percentage of what we win for your case. If you have been injured in a car accident or another personal injury situation, please call us at (302) 565-6100 or contact us for your free consultation today.