If you’ve been injured in an accident in Nanticoke, DE, you’re likely wondering what steps to take next. Before you file a personal injury claim, there are important things to consider. Many accident victims are tempted to handle things on their own or quickly accept a settlement offer from an insurance company. But personal injury lawyers Nanticoke PA offer invaluable advice that can make all the difference. In this post, we’ll cover three key questions: How often do cases in Nanticoke go to court instead of settling? What local laws and deadlines should you know about before filing a claim? And how does hiring a lawyer improve your chances of a successful claim?
Let’s dive into the key information every injury victim should be aware of before filing a claim.
How Often Do Cases in Nanticoke Actually Go to Court Instead of Settling, and What Makes a Case Go to Trial?
Settlement vs. Trial: The Typical Path in Nanticoke
Most personal injury cases in Nanticoke are settled out of court. Insurance companies often prefer settlements because it saves them time and money. Settling early can be attractive for accident victims as well, since it provides quicker compensation. However, the settlement offer you receive may not be enough to cover all your expenses, especially if the full extent of your injuries isn’t yet clear. Consulting a Nanticoke personal injury lawyer can help you evaluate whether a settlement is truly fair.
While many cases do settle, some cases do go to trial. The factors that could make your case go to trial include:
- Disputed Liability: If the responsible party disputes fault, the case may need to be taken to court to determine who is liable.
- Serious Injuries: In cases where injuries are severe, such as permanent disabilities, the insurance company may be less willing to offer a fair settlement.
- Failure to Agree on Settlement Amounts: If the insurance company offers a low settlement, and you and your lawyer believe the compensation should be higher, your lawyer may recommend going to trial.
- Difficult Defendants: If the defendant refuses to cooperate or continues to deny responsibility, trial may be the only option.
What Triggers a Case Going to Trial?
There are several reasons why a case may go to trial. For example, in a recent case in Nanticoke, a local resident, Mike, was rear-ended at a stoplight by a driver who denied fault. The insurance company made an initial settlement offer that Mike’s lawyer felt was insufficient, especially considering the extent of his injuries. After negotiations failed, the case went to trial, and Mike was awarded a much larger settlement than the original offer.
In many cases like Mike’s, insurance companies offer low settlements, hoping claimants will accept them to avoid the hassle of litigation. That’s why having an attorney who’s prepared to go to trial gives you an advantage when negotiating.
What Local Laws or Deadlines Should I Know About Before Filing an Injury Claim in Nanticoke?
Statute of Limitations in Delaware
If you’re filing a personal injury claim in Delaware, it’s important to know the state’s statute of limitations. In Delaware, you typically have 2 years from the date of the accident to file your claim. If you miss this deadline, you may lose your right to seek compensation.
However, there are exceptions:
- Discovery Rule: If your injury is not immediately apparent (such as in cases of hidden brain injury or internal injuries), the clock may not start until the injury is discovered.
- Minors: If the injured party is a minor, the statute of limitations may be extended until they reach the age of majority (18 years old).
Special Notice Requirements for Municipal Claims
If your injury involves a government agency or public property, you may be required to give notice of your claim within 90 days. For example, if you were injured due to poor road conditions or an unsafe public facility, you must notify the relevant local government agency within 90 days. Missing this deadline can result in your case being dismissed.
Delaware’s Comparative Fault Rule
Delaware follows a modified comparative fault system. This means that if you are found to be 50% or more at fault for the accident, you cannot recover any damages. If you are less than 50% at fault, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault, your settlement will be reduced by 20%.
This is an important consideration, as your lawyer will work to ensure that your fault percentage is accurately assessed and that you are not unfairly blamed for the accident.
Filing on Time and Preserving Evidence
Filing a personal injury claim in a timely manner is essential. The longer you wait, the more difficult it may become to gather key evidence, track down witnesses, or even recall the details of the accident. A lawyer can help you preserve evidence and ensure your claim is filed within the appropriate deadlines, reducing the risk of your case being dismissed.
How Does Hiring a Lawyer Improve the Outcome of My Injury Claim Compared to Handling It on My Own?
Legal Expertise and Strategy
Personal injury lawyers have the legal expertise needed to navigate the complexities of personal injury law. They understand local rules and can help you avoid common pitfalls that could delay or harm your case. Without a lawyer, it’s easy to miss crucial details or fail to meet important deadlines.
Stronger Negotiation Skills
Insurance companies have teams of adjusters who are experts at minimizing payouts. Without legal representation, you may be at a disadvantage in negotiations. A personal injury lawyer is skilled in negotiating with insurance companies and will fight to get you a fair settlement. In fact, studies show that individuals with legal representation tend to secure significantly higher settlements than those who handle their cases alone.
Access to Resources and Experts
A lawyer will have access to resources that you might not, including medical professionals, accident reconstruction experts, and private investigators. These experts can provide critical testimony and evidence that could strengthen your case. For example, a medical expert can explain how your injury will affect your long-term health, which is vital for ensuring you are compensated for future medical expenses. Working with a personal injury attorney Nanticoke ensures you have these resources on your side.
Maximizing Your Compensation
A personal injury lawyer understands how to calculate the full value of your claim, including future medical expenses, lost wages, and pain and suffering. They will ensure that your settlement covers both your immediate needs and any long-term costs that may arise due to your injury.
Risk Management and Advising You When Not to Accept Early Offers
Sometimes, insurance companies offer quick settlements that may seem attractive, but these offers often fall short of what you truly deserve. A lawyer will help you evaluate these offers and decide if it’s worth accepting or if a better settlement is possible. They will protect you from making hasty decisions that may not be in your best interest.
To Sum Up
If you’ve been injured in an accident in Nanticoke, it’s important to consult a personal injury lawyer before filing a claim. Lawyers provide essential expertise, help you navigate local laws and deadlines, and increase your chances of a higher settlement. Whether your case settles or goes to trial, having legal representation ensures that your rights are protected and that you receive the compensation you deserve. Searching for a personal injury lawyer near me in Nanticoke is a crucial first step toward getting the help you need.
Before you accept any settlement offer or take legal action, contact a trusted personal injury lawyer in Nanticoke for a free consultation. They can help you understand your options and guide you through the process to achieve the best possible outcome for your case.
