Delaware Personal Injury & 

 Workers' Compensation Blog

What is Negligence?

Negligence is the basis of your personal injury or nursing home case. It must be proved in order to hold a person or company legally responsible for your pain and suffering. Proving negligence is required in most claims from accidents or injuries, such as car accidents or "slip and fall" cases. There are four things that must be proven in court to constitute negligence; duty, breach, causation, and damages/harm. In general, when an individual acts carelessly and causes an injury to another person, the careless individual will be held legally liable for the harm they caused. Components of a Negligence Claim In order to win a negligence case, the plaintiff must prove the following four element

Motorcycle Crash Leaves Rider Dead

A 23-year-old Newark man died on Thursday, April 23rd after a crash in Bear. The man was riding on a Yamaha motorcycle on Pulaski Highway approaching a green light when he was struck by a Jeep Cherokee who pulled into the intersection. The Motorcycle Safety Foundation has found certain risk factors for crashes or near-crashes. In the table below, intersection Influence increases crash or near crash risk by 40.7%. It’s Not Just the Motorcyclist The most common vehicles on the road include cars, trucks, vans, and 18-wheelers. Most drivers are not on the lookout for motorcycles. The National Highway Traffic Safety Administration notes that when motorcycles and other vehicles collide, it is usua

Top 5 Causes of Car Accidents

At Kimmel Carter, we have nearly 50 years of experience with personal injury cases. Over this time, it has become clear what the leading causes of vehicle accidents are. Below, find the top 5 reasons for car accidents, and the steps you can take to be a safe driver. 1. Distracted Driving This is the most common cause of car accidents. It is crucial to keep focused on the road, and not talking on your cell phone, texting, or browsing social media while driving. Distracted driving is not limited to being on your smartphone, however. Distracted driving includes doing anything that takes your attention away from the road. This includes turning on the radio, applying makeup, eating, and lighting

Road Rage Incidents in America Have Risen, Statistics Show

A California man has been arrested and charged with 3 counts of murder after slamming into a Prius, causing it to hit a tree on purpose. Authorities are investigating whether the suspect knew the victims, or if it was an act of intentional road violence on random victims. All Too Common During the early autumn 2019, a Wisconsin mother who was teaching her son to drive was shot to death after a minor car crash. In mid-summer 2019, an Alabama woman accidentally shot her husband in the head during a road rage incident. An Atlanta man allegedly ran over another man because he thought the other driver was hurling golf balls at his vehicle. What to Know The AAA Foundation for Traffic Safety conduc

Trucker Fatalities are Increasing

In 2017 there were 4,761 people killed in crashes involving large trucks according to the National Highway Traffic Safety Administration. Truck Fatalities Increasing Fatalities in crashes involving large trucks increased by 9.0 percent from 4,369 in 2016 to 4,761 in 2017. Over a 10-year period there was a 1 2% increase in the total number of people killed in large-truck crashes, from 4,245 fatalities in 2008 to 4,761 fatalities in 2017. Of the fatalities in 2017: 72 percent (3,450) were occupants of other vehicles 18 percent (841) were occupants of large trucks 10 percent (470) were nonoccupants (pedestrians, cyclists, etc.). From 2016 to 2017 there was a 9% increase in the number of occupan

New York Nurses Union Files Lawsuit Against the State and Hospitals, Amid Safety Concerns

The New York State Nurses Association has filed three lawsuits, alleging that the state Department of Health and two hospitals failed to protect health care workers during the Coronavirus Pandemic. The union said the New York Department of Health, Montefiore Medical Center and Westchester Medical Center compromised the health and safety of nurses by providing inadequate equipment, training and working conditions to the nurses treating COVID-19 patients. NYSNA Executive Director Pat Kane noted that over 70% of these nurses have reported exposure to the Coronavirus, with the majority still untested. NYSNA is alleging grossly inadequate and negligent protections in these lawsuits. Further all

New Jersey Introduces Legislation to Help Essential Workers

New Jersey Senate President Sweeney is introducing a bill this week which will be crucial for assisting frontline workers during the COVID-19 pandemic. The bill ensures essential workers are eligible for workers' compensation if they contract COVID-19. Interestingly, the worker will not need to prove they contracted the Coronavirus at work in order to receive workers compensation benefits. Senator Sweeney stated “The men and women who are on the front lines protecting our health and safety and providing the vital services we all need during this crisis must be assured that they have basic worker protections and that they can get workers' compensation if they fall ill to the coronavirus.” New

Telehealth and Workers' Compensation

As COVID-19 pandemic continues, people are employing telehealth services more than ever. Telehealth is defined as the delivery of health care and related services via telecommunication technologies. There is a growing belief that digital health care can offer an ideal platform for companies looking to keep their workforce healthy. A synthesis of digital technology, data and medicine, telehealth has the potential to transform the workers’ compensation industry by providing: Instant assessment of a workplace injury, allowing for immediate triage Efficient, personalized treatment Anytime access to clinical data Remote patient monitoring Time savings by eliminating trips to the emergency room, t

Kimmel Carter is Doing Our Part: COVID19

In the past few weeks, we’ve experienced the effects of a devastating virus. When crises occur, our doctors, nurses, EMTs, police, and firefighters put their own lives at risk to save others. They answer the call, rush toward danger, and lead the way. As many of us in the workforce are being asked to serve the public’s health by stepping back and staying home, one population is being tasked to step forward. Our frontline health workers are the first responders in the fight against coronavirus. Healthcare providers are lacking even rudimentary resources as they risk their health and endure the burnout, exhaustion, and many other challenges on our behalf. Delaware State Police are monitoring r

Could the Coronavirus Cause Permanent Damage?

As the COVID-19 Pandemic continues, some are worried about the virus’ long lasting health effects. In preliminary studies, doctors have begun to see evidence of the lingering health effects caused by COVID-19. Yale cardiologist Dr. Harlan Krumholtz explains that this disease can affect the heart, the liver, the kidneys, the brain, the endocrine system and the blood system. In a recent study from China, scientists examined the blood test results of over 30 Coronavirus patients over the course of their hospitalization. In those who survived, the researchers found that many biological measures had “failed to return to normal.” Another question that has physicians worried is whether the SARS-CoV

Walmart Sued in First COVID-19 Wrongful Death Lawsuit

Wando Evans was found dead in his home on March 25th, presumably from COVID-19 complications. He worked overnights in the stocking and maintenance department and was with Walmart for 15 years. Evans first mentioned symptoms consistent with Coronavirus to management at his store two weeks prior but was largely ignored - according to court documents. Evans’ brother has filed a wrongful death lawsuit against the retail giant, alleging the store did not do enough to protect employees from the Coronavirus. Learn more about what constitutes wrongful death here. The lawsuit alleges Walmart was negligent by overlooking CDC guidelines. For example, Walmart allegedly failed to implement, promote and

Is Your Work Environment Safe?

With everything going on right now, the health and safety of ourselves, loved ones and coworkers is at the forefront of minds. If your workplace is essential during the pandemic, and you believe your employer is not providing a safe and healthy environment, you may have options. OSHA Regulations According to OSHA, workers have certain rights and employers’ have outlined responsibilities. Workers’ Rights and Employers’ Responsibilities Employers also have a duty to provide a work environment free of known health and safety hazards. Section 11(c) of the Occupational Safety and Health Act of 1970, 29 USC 660(c), prohibits employers from retaliating against workers for raising concerns about saf

Linda Malkin, Kimmel Carter's Newest Attorney

Kimmel Carter is excited to have Linda Malkin as our newest attorney. She began her journey with the firm as a graduate from Penn State. She started as the secretary for Kimmel Carter Managing Partner Larry Kimmel and moved forward as a Law Clerk. She worked full time with our firm as she earned her Juris Doctorate at Delaware Law School. After admission to practice law in Delaware, Pennsylvania, and New Jersey, Linda served as a Deputy Attorney General in the Family Law department for the Delaware Attorney General’s office. She returned to Kimmel Carter gaining extensive knowledge of personal injury and workers’ compensation litigation. She concentrates her practice on motor vehicle acciden

Amazon Named Among the “Dirty Dozen” for Dangerous Work Conditions

The National Council for Occupational Safety and Health has released its 2019 “Dirty Dozen” Report.The severity of injuries to workers; exposure to unnecessary and preventable risk; repeat citations by relevant state and federal authorities; and activity by workers to improve their health and safety conditions are all reasons for inclusion in this report. This is Amazons 2nd year on this infamous list. There were six worker deaths in the 7 months spanning from 2018-2019, for a total of 13 deaths since 2013. While these 6 workers were contract employees for Amazon, the proper precautions were not taken to ensure these employees safety, and resulted in preventable deaths. Injuries Affect Emplo


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