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Q&A’s from a Delaware Personal Injury Attorney

At Kimmel Carter, we see dozens of new clients every week and most people have similar questions related to work or car accidents. Do I have a case? Will my wages be paid? Which insurance company should I put expenses through? The list goes on.

Each case has a unique set of facts, so usually, there’s more than one “right” answer to most questions we get, but here are some answers to some of the most common.

Do I have a case?

If you suffered an injury on the job or in a car accident, you may have a type of claim that an attorney can assist you with. What type of claim you have or what benefits/compensation you may be entitled to is a more complicated answer. We recommend discussing your accident with an attorney, so you can make sure your rights are protected while you focus on your recovery.

I was hurt at work or in a car accident. Do I even need a lawyer?

The technical answer to this question is: No. You can try to “DIY” it, but handling these claims without a lawyer is a little like diagnosing a medical condition yourself using Google. It can be done, but probably not well, and you’re likely not going to get the best outcome. Consulting a lawyer when you’re injured at work or in a car accident is recommended to ensure your rights are protected.

Can I even afford an attorney?

That answer is simple: YES. Unlike many lawyers, in injury cases, the attorneys at Kimmel Carter work under a contingency fee agreement. That means we do not get paid unless and until we recover something for the injured person. Consultations are free so we can answer all of your questions.

Can my work fire me for making a workers’ compensation claim?

The answer to that question in its simplest form is: No. An employer cannot take retaliatory action against you such as firing you simply because they are upset that you were injured on the job and are seeking workers’ compensation insurance benefits. However, the big caveat to this very basic rule is that Delaware is an at-will State, which means that an employer may generally discharge an employee for any reason, or no reason, so long as it is not a reason prohibited by law (such as discrimination or retaliation protections).

I was injured in a car accident that was someone else’s fault. Do I need to open a claim with my own insurance?

Another simple answer: YES. Delaware insured drivers have personal injury protection, sometimes referred to as PIP. PIP is the primary coverage for your medical bills and lost wages immediately after an auto accident; therefore you always want to open a PIP claim through your own insurance.

What if the at-fault driver does not have enough insurance to compensate me?

Generally, when the at-fault driver does not have enough insurance to fully compensate an individual, we look back to the injured person’s own insurance policy for something called underinsured motorist benefits. Underinsured motorist benefits allow us to recover more money for the injured person on top of what the at-fault party’s insurance provided. There are other considerations that are made when an at-fault party is underinsured, but those are case-specific and another reason why consulting a lawyer is important.

If you have been injured in an auto or work accident, the experienced attorneys at Kimmel Carter are here to help. Call (302) 565-6100 for a free legal consultation.



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