Delaware Personal Injury & 

 Workers' Compensation Blog

How safe is your Child’s Car Seat?

It is imperative to put your child in the safest car seat available. While technology has advanced over the past few decades, there are instances where a manufacturer puts profits ahead of a child’s safety. One particular manufacturer, Evenflo, is facing various lawsuits over its “Big Kid” booster seat – said to be safe for children who weigh as little as 30 pounds. Read the most recent lawsuit here. Federal Safety Regulations: The “Big Kid” booster seat is advertised as side-impact tested and that it “meets or exceeds rigorous federal testing regulations.” However, there are no federal requirements for side-impact testing of car seats and booster seats. This advertising is misleading and f

Nursing Home Failures

Nationwide, nursing homes account for 1 in 10 cases and 1 in 4 deaths due to Coronavirus. AP’s analysis of data from the Centers for Medicare and Medicaid Services found that nearly half of the more than 15,000 nursing homes have reported suspected or confirmed cases of COVID-19 as of June 7th 2020. Furthermore, 21% have reported deaths. In Delaware specifically, there have been 1,160 COVID-19 cases in nursing homes and assisted living communities as of July 17th, 2020. A publication regarding the Nursing Home situation in Delaware was featured on Delaware Online on July 17th, 2020. Of the state's nursing homes rated on Medicare's Nursing Home Compare website, about 80 percent have had one o

What Is the Difference Between Personal Injury and Workers Compensation?

While workers’ compensation benefits and personal injury claims can cover the costs of medical treatment and lost wages, there are key distinctions between the two. Some main differences between personal injury claims and worker’s compensation claims include: Determining Fault: Someone needs to be liable or at fault in order to file a personal injury lawsuit. In most cases, this will involve some form of negligence. Workers’ compensation can cover specific injuries – even if the employee is at fault. As long as the injury was sustained during the course and scope of employment, the injured employee can apply for workers’ compensation benefits. Damages: In a personal injury case, you are enti

The Most Common Injuries Caused by Car Accidents

Over 3 million people sustain injuries from car accidents each year. While various factors impact the severity and extent of the wounds, there are a handful of injuries that are more prevalent than others. The most common injuries are impact injuries and penetrating injuries. Impact injuries are typically caused when part of the person’s body hits some part of the interior of the car – for example, when your knee hits the dashboard or your head hits the seat rest. Penetrating injuries are typically cuts and scrapes. Shattering glass or loose objects flying inside the car on impact often cause these types of injuries. Within these categories there are five specific types of injuries. Soft Ti

Workers’ Rights in Meat Processing Plants

Delaware is known for its chicken industry, considering that Sussex County leads the country in the most chickens sold for food in the United States. However, the working conditions in poultry processing plants across the nation are less than desirable. Hazards Regular hazards include serious injury by machinery and health concerns from excessive chemical exposure at these processing plants. For example, a worker suffered a disfiguring amputation at a Tyson Foods plant in Texas – leading The Occupational Safety and Health Administration (OSHA) to conduct a full investigation. OSHA reported: “A gruesome employee injury led federal workplace safety inspectors to discover the nation’s largest m

Pedestrian safety

A 9 year old girl was struck by a vehicle on East Cleveland Avenue on July 11th. A Virginia man crashed into a pedestrian, who succumbed to his injuries a few days later. A 12 year old child was struck by a distracted driver while she was crossing the street to board her school bus. She was taken to a nearby hospital and treated for her injuries. A 20 year old Wilmington man was struck and killed in the early morning on Route 273. He was not wearing reflective clothing or had a light, and was not walking in the crosswalk. It is crucial to pay attention to our surroundings, on the road and off of it. Car accidents, resulting life-changing injuries and even death, only take a few moments to al

Top 5 Things to do Immediately After a Car Accident

For nearly 50 years, we have helped our clients following injuries sustained in a car accident. Here are 5 things you should do in the aftermath of a crash: 1. Call the Police: Police statements and documentation are important, but do not forget to document the accident scene – video, photographs, and statements. Unfortunately, there are cases where the defendant admitted fault at the scene of the accident, but changed his story later on. 2. Seek a thorough and timely medical evaluation: Timely means as soon as possible, and thorough means all areas of the body, as pain and sensitivity may develop in areas like your neck, knees, hands, and back, months after the accident. Receiving a medical

Drive Sober this Independence Day

Statistics show that alcohol-related crashes, injuries and mortalities increased during the evening hours of July 4th, 2018. 193 people died in motor vehicle traffic crashes. 40% (78) of those fatalities occurred in alcohol-impaired crashes. 71% of those who died in alcohol-impaired crashes were in a crash involving at least one driver or motorcyclist with a BAC of .15 or higher. Approximately one-third of all traffic crash fatalities in the United States involve drunk drivers. In 2018 alone, there were over 10,500 people killed in these preventable crashes. Please follow the guidelines set by the National Highway Traffic Safety Administration - especially this 4th of July weekend: Plan your

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