Delaware Personal Injury & 

 Workers' Compensation Blog

When Fireworks Aren't Fun

Lighting firecrackers and sparklers is a time-honored tradition of celebration for New Year’s Eve, Memorial Day, and the Fourth of July. In Delaware, it is illegal to buy, sell, or discharge any type of fireworks - this includes Sparklers and Sky Lanterns. In 2018, over 9,000 people were injured in fireworks-related accidents. In 2013, over half of the 16,300 outside fires, 1,200 structure fires, and 400 vehicle fires occurred around July 4th. This not only caused $32 million in property damage, but risked thousands of lives. Manufacturers and retailers may delay disclosing recalls, and postpone pulling defective products from their shelves, furthering the dangers of firecrackers and sparkle

Nursing Home Neglect

A nursing home can be held legally responsible when an act of negligence, neglect, or abuse on the premises ends up causing harm to a patient or resident. What is Considered Negligence? There are accidents, intentional acts, and failures to act that may leave a nursing home liable, either based on the conduct of an employee or based on a policy or ongoing practice at the facility. Examples include, but are not limited to the following: Failure to keep the premises reasonably safe and free of hazards. This includes everything from preventing slip and fall accidents to preventing one resident from attacking another. Lack of supervision of residents who then fall, or otherwise injure themselves

Kimmel Carter Celebrates Historic Supreme Court Ruling

The month of June was chosen for LGBTQ+ Pride Month to commemorate the Stonewall riots, which occurred at the end of June 1969. Most of the events held throughout the month of June are to acknowledge the impact the LGBTQ+ community has had on today’s world. This week, we celebrate the Supreme Court ruling that extends Title VII protections to the LGBTQ+ community. We cheer with them, just as we did on July 1, 2013, when Delaware became the 11th state to legalize same-sex marriage. Legalized same-sex marriage impacted personal injury and wrongful death cases, permitting additional “loss of consortium” claims. Loss of consortium is a claim for damages suffered by the spouse of a person who has

Seatbelt Safety

Maryland teen Ryan Drowsky Jr., was partially ejected from his vehicle, after his car overturned and slid into the opposite lane, when he failed to turn properly. The 18-year-old was with 4 other passengers, 3 of whom were seriously injured. One passenger was not injured, and was the only person properly restrained. According to the NHTSA (National Highway Traffic Safety Administration), of the 37,133 people killed in motor vehicle crashes in 2017, 47% were not wearing seat belts. In 2017 alone, seat belts saved an estimated 14,955 lives and could have saved an additional 2,549 people if they had been wearing seat belts. Further, over 2500 lives could have been saved if the occupants had be

Mass Shootings Spiked in May, Despite Coronavirus Lockdowns

Gun Violence Archive, a not for profit corporation formed in 2013, provides free online public access to accurate information about gun-related violence in the United States. The definition of a mass shooting is a multiple homicide incident in which four or more victims are murdered with firearms, within one event, and in one or more locations in close proximity. Despite Coronavirus lockdowns, the month of May saw 59 mass shooting incidents which is the highest number that has been recorded by the GVA. There were 418 mass shootings in 2019, and currently, there have been nearly 200 mass shootings in the first 6 months of 2020. June is set to eclipse May’s numbers, the GVA estimates approxima

Walk Left, Ride Right

The warm weather of the summer months inspires us to walk, run, and bike, and sometimes sidewalks are not available on our routes. It is crucial for pedestrian and biker safety to follow the laws: walk against traffic, and bike with traffic. While walking against traffic may seem dangerous, it actually allows you to make eye contact with motorists, make quicker decisions for your safety, and determine which motorists do not see you. Child Safety According to the National Highway Traffic Safety Administration, children under 10 years old should be accompanied by an adult or with someone who will make sure they walk safely. If you’re walking: Use the sidewalk whenever possible, and if there is

Kimmel Carter Celebrates Five Super Lawyers 2020

We are excited to announce that both Managing Partner Larry Kimmel and Partner Jonathan O’Neill have been named Super Lawyers for the 6th consecutive year! Sean, Gambogi, Jennifer Donnelly, and Brian Legum have all been named Super Lawyer Rising Stars. We are honored to have 5 of our talented attorneys be featured out of a total of 16 Delaware lawyers who were nominated in the personal injury category for the entire state of Delaware. At Kimmel Carter, excellence is expected. For nearly 50 years it has been our pleasure to help Delawareans receive the compensation they deserve. For a free consultation with one of our award-winning attorneys to discuss a car accident, work accident, or nursin

Construction Worker Dies Falling from Roof of New NFL Stadium

On Friday, June 5th, an unidentified iron worker fell 50-60 feet off of the SoFi stadium in Los Angeles. The cause of the fall is unknown at this time. Construction of the new stadium, which will be the new home of the LA Rams and Chargers, will be halted indefinitely, pending an investigation into the worker’s death. NFL has not released a statement at this time; however, the construction company building the stadium noted that their employees will be offered counseling during this difficult period. Each state has different laws regarding these types of tragedies. In Delaware, there is potential for Workers’ Compensation death benefits through the employer, and possibly a wrongful death/sur

Traffic Decreases, Fatal Crashes Increase

Near empty roads due to nationwide lock downs due to the Coronavirus have meant an increase in reckless driving, speeding, and phone usage. Reckless driving has increased dramatically since March, leading to a disproportionate number of speed-related crashes and fatalities, according to law enforcement and traffic experts. According to the Governors Highway Safety Administration, states including Colorado, Indiana, Nebraska and Utah, have clocked highway speeds of over 100 mph. State police in Florida and Iowa are reporting drivers going 20 to 40 miles over the posted speed limit. In New York City, despite far fewer vehicles on the road, the city's automated speed cameras issued 24,765 speed

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