Delaware Injury Laws You Should Know

If you plan to file a personal injury claim in the state of Delaware, you’ll need to the help of an experienced attorney.  People file these types of lawsuits for all sorts of reasons such as car accidents, slip and fall, dog bites, and medical malpractice among many other scenarios.

Injury Laws to Know in Delaware

Whether you are planning to file a lawsuit or you’re already in the midst of one, there are a few things good injury attorneys in the state of Delaware will tell you.

There are deadlines for filing lawsuits in the state of Delaware.  In fact, there are deadlines for filing claims in each state and those deadlines may vary based on the type of situation where the injury occurred.  In Delaware, the deadline (also known as a statute of limitations) is 3 years from the date that the injury or accident occurred.

This is an important window to take note of because that is the time you have to file a claim in a civil court.  For many cases this deadline is more than enough. For example in car accidents or dog bite cases, the span of time that passes from when an accident occurs until a person feels like they need legal remedies is not that long.

In other cases like those involving negligence on the part of an entity that causes damage down the road, three years may get eaten up pretty fast.  

Shared Fault Rules in Delaware Injury Cases

In some states, the person who incurred the injury is not subject to partial fault (even if they did have some responsibility in causing their own injury).  In Delaware however, the civil courts use a comparative fault rule in cases where the injured party is found to be at least partially responsible for their own injuries.

In other words, if you were partly responsible for your own situation, then some of the blame will be placed on you and that is reflected in any damages you are eligible to recover. Using this rule, the courts reduce the amount (if any) of damages that a person receives based on their percentage share of the fault.

Claimants need to be aware of these rules before they go through with their lawsuit.  Not only will they be fully prepared for what to expect should they win but they will also be making a fully informed decision on whether it is worth their time to sue the other party.  

Special Circumstances for Car Accidents

In Delaware, when someone is in a car accident they have multiple legal rights.  For example they can file an insurance claim under their own insurance coverage or that of the at-fault driver in the accident.  They also have the right to forego filing a claim and suing the at-fault driver in court to recover damages.

Regardless of what your plans are to file a personal injury claim, these rules and procedures are something you should be aware of.  Understanding your rights and options under the law can save you a lot of headache in the future.

Vetting Attorneys for Your Auto Accident Case

An auto accident can complicate your life and put you in debt. Medical bills and car repairs are expensive, and worse, you might not have been responsible for the accident. You might already be considering hiring a lawyer, but how do you find one that’s right for you?

It can be tough, but finding a lawyer that fits your auto wreck claim will be important. You’ll need to vet the best attorney for your claim before you get started. Luckily, there are a few steps you can take to make sure you have the best attorney for your claim.

Look at Their Record

When you’re seeking the best attorney for you, check their website or search for information about them and look at the cases they’ve won. You want a lawyer with a record of successes, after all, meaning that they’re someone you can trust with your claim.

You’ll also want a lawyer with a history of getting their clients the fullest compensation possible. Their clients may have been accused of being partly responsible for the accident, and if they didn’t fight back well enough, they could lose part or all their compensation. As such, you’ll want to ensure that they get the best compensation possible for their clients.

Experience with Auto Accident Law

You should also look at their experience with car crash laws that will affect your case. For example, if they do take car accident clients, but they focus on medical malpractice, you might want to seek out someone who will give you the full attention your claim deserves.

This is especially true of states with “no-fault” laws. These claims will require a few extra steps to ensure that you’re getting the full compensation you deserve.

For example, your insurance company should offer you a settlement regardless of fault, but what if they don’t offer the full settlement you should receive, or if your injuries are especially serious? You’ll need a lawyer to help you file a claim and fight for your compensation.

Use Your Free Consult

Fortunately, you’ll have the chance to have your case reviewed and ask these questions yourself. Auto accident lawyers who offer free consultations will discuss your claim and what makes them the best option before you ever sign or pay anything.

You’ll want to make sure you have the best attorney for your claim, so speak to them before you decide. Reach out for a free consultation today and vet your potential attorneys properly.

Pretrial Diversions in Indiana

We all make mistakes, but sometimes those mistakes can land us in especially hot water. Maybe you didn’t intend to break the law, or you didn’t think it was so serious. Unfortunately, now you’ve been arrested, and you can expect this to show up on your record.

This puts you in a bad situation. A conviction can cause plenty of trouble for you, some of which can be long-lasting. You’ll need good defense attorneys on your side who can help you get a pretrial diversion and avoid serious charges that could haunt you for years after your conviction. If you’re a first-time offender, speak to your attorney about your options.

What is a Pretrial Diversion?

For those offending for the first time, a pretrial diversion can help you avoid some of the serious consequences that come with a conviction. This diversion allows you to waive certain rights to your trial. In exchange, you’ll complete a program that essentially rehabilitates the offender and shows that they won’t offend again.

For example, if you were arrested for possession of controlled substances, a pretrial diversion might focus on counseling, rehabilitation for drug abuse, and supervision over your progress. Once you’ve completed the program, you will have your charges dismissed, leaving you with a clean record.

Eligibility for a Pretrial Diversion

Keep in mind, before you ask your attorney, that you might not be eligible for a pretrial diversion. You’ll need to meet certain requirements, which includes your offense and whether you’re a first-time offender. If you were arrested for any of the following crimes, you won’t be eligible for pretrial diversion:

  • Murder
  • Offenses involving the federal Motor Carrier Safety Improvement Act
  • Driving while intoxicated  

Other elements may affect your chances of being approved for pretrial diversion. For example, violent crimes that indicate that you may be a danger to the community may bar you, even if it doesn’t fit in the above ineligible offenses. As such, you’ll need to speak to your lawyer about your options for pretrial diversion and if you’re eligible.

A Lawyer Can Help

Being arrested for the first time doesn’t just leave you concerned for your criminal record: it can be embarrassing, frustrating, and upsetting. Your first offense may be difficult to deal with, especially if you feel genuine remorse for your actions. Fortunately, pretrial diversion may be an option for you.

Start by speaking with your defense attorney about pretrial diversion and your case. They can review whether you’ll be eligible and whether it’s the best option for you. They can also help you get a pretrial diversion, so that your main concern can be getting through the program and getting your charges dismissed.

If you’re concerned about a first offense on your record, pretrial diversion can protect you from major consequences like jail time, a lost job, and many others. So, before your case goes to trial, talk to your lawyer about a diversion. It could protect your record.

The Difference Between a DUI And DWI in Texas

While most people are familiar with the terms ‘DUI’ and ‘DWI’, the similarities and differences might not be fully understood. As laws vary from jurisdiction to jurisdiction and state to state, we are presently examining the difference between DUI and DWI in Texas. In Texas, driving under the influence and driving while intoxicated have some commonalities and differences that, in legal terms, have different outcomes and carry different penalties. While both refer to the operator of the vehicle being intoxicated above acceptable levels that result in the impairment of their faculties, due to drugs or alcohol, there are some crucial differences in the state of Texas, due in part to their zero-tolerance policy.

The Differences Between Texas DUI and DWI

In Texas, there are a few differences between a DUI and DWI, but the main one involves the age of the individual operating the vehicle. According to Texas law, a vehicle operator who is 21 or older is legally intoxicated when their blood or breath-alcohol concentration is .08, or when they are impaired by drugs. In either of those scenarios, the individual can be charged with a DWI.

If a driver is pulled over who is under 21 years of age and they are found to have consumed any amount of alcohol, that individual can legally be charged with a DUI. The question of impairment is irrelevant as under Texas law, drivers under the age of 21 are not allowed to drive with any amount of detectable alcohol in their system; in Texas, this is known as the ‘zero-tolerance’ policy. In the same situation, if the minor has a blood or breath-alcohol concentration of .08 or higher, they can also be charged with a DWI.

Penalty Differences Between a DWI and DUI

The differences between a DWI and DUI also include the enforced penalties. For first-time DWI offenders, possible penalties include a hefty fine of up to $2,000, a driver’s license suspension for up to a year, jail time served between 3-and-180 days, and a reoccurring annual fee of $1,000 or $2,000 for up to three years to maintain their driver’s license. These penalties are severe, can affect your driving record, and be highly disruptive to daily life and maintaining gainful employment.

DUI Penalties for Minors

In terms of potential penalties for a minor who is pulled over for driving with detectable alcohol in their system, they vary somewhat: fines of up to $500, 20-to-40 hours of community service, a driver’s license suspension for 60 days, and the completion of a series of mandatory alcohol-awareness courses. With each subsequent offense, for both adults and minors alike, the penalties increase in severity for both DWIs and DUIs.

The main difference between DUI and DWI in Texas involves a couple of factors: the age of the individual operating the vehicle, and the amount of impairment. While an adult being charged with a DWI has to have a legal drug or alcohol impairment (BAC) of .08, a minor found to have any amount of detectable alcohol in their system can be charged with a DUI; this is due to the zero-tolerance policy in Texas. A minor, however, who also has a BAC of .08 or higher can also be charged with a DWI.

If you find yourself being charged with a DUI or DWI in Texas, the potential penalties can be severe and carry with them long-reaching consequences. You will want to take the offense very seriously, and seeking out drunk driving defense lawyers in Texas can help ensure you are getting the best possible defense and outcome for yourself.

https://en.wikipedia.org/wiki/DWI_(disambiguation)

https://en.wikipedia.org/wiki/Driving_under_the_influence

 

Filing a Lawsuit in Louisiana

An accident can happen at any time, and unfortunately, it can be pretty painful. Even worse, you didn’t even cause it. Instead, someone else was careless with your health and safety, and now you’re the one that has to deal with the pain and suffering. It’s frustrating, and you likely deserve justice for the suffering you’ve been put through.

If you’ve been hurt by someone else’s carelessness, there’s a good chance that you’ll need to file a lawsuit to recover from the injuries. This can be complicated, however, and you might have a little trouble getting your compensation.

If you’re struggling with your case, don’t worry: there are plenty of law firms in Louisiana that can help you with your claim. You’ll need to simply find the right attorney for you and prepare for your claim by following these steps.

Act in Time

When you’re considering a lawsuit against someone, remember that you’ll have a limited time to file. This law, called the statute of limitations, limits the number of years that you can wait before you file your claim. In Louisiana, for example, you’ll only have a year to file your claim and get the compensation you deserve.

Knowing this as soon as possible can help you protect your compensation. You’ll know that you need to act as soon as possible. Fortunately, it also helps to preserve your evidence. When an accident happens, you’ll need to act fast to ensure that your evidence is as clear and useful as possible. If you don’t act in time, however, you’ll be barred from compensation and left with a dismissed claim.

Find Your Claim’s Worth

Once you’re ready to file your claim and get started in time, you’ll then need to find how much that claim is worth. When you’re filing your claim, you’ll need to list several pieces of information: information about the accident, your injuries, and the person who’s responsible for the accident.  

As such, a large part of filing your claim will be determining what you need or deserve for your compensation. You’ll need to find the worth of both your economic and “noneconomic damages,” which a lawyer can help you find. Once you’ve determined what your case is worth, you’ll be certain that you’re getting the full compensation you deserve.

Some of the damages frequently included in lawsuits are the following:

  • Current and future medical expenses
  • Lost wages
  • Household services
  • Pain and suffering
  • Emotional trauma
  • Mental anguish

Find the Right Defendant

Now that you’ve acted in time and determined how much your injuries are worth, you’ll need to know one more thing: who is paying for all those expenses? You’ll need to determine who’s responsible for the suffering you’ve caused.

This is easier with cases where you were directly harmed or if you’re in an accident caused by a direct action, like a person driving distracted. But, who’s responsible when you’re injured because someone was careless with their property upkeep or because of a defective product?

Sometimes, you’ll need to dig a little deeper to find the culprit for your injuries, which is easier said than done when you’re badly injured. You’re spending most of your time and energy on your recovery, so finding the right person can be difficult. Fortunately, a lawyer can also help you through this.

Contact a Lawyer

Of course, the above steps aren’t easy when you’ve just suffered a serious injury. You might be struggling to stay awake or deal with the trauma of your experience, and finding out how much your claim is worth is a complex task that might be too much for you during your recovery.

That’s what it’s recommended that you don’t act alone. Rather than putting your claim in danger, choose instead to reach out to an attorney. They’ll be able to guide you through the above steps to filing your personal injury claim correctly. Once you’ve completed all this and filed your lawsuit, they can fight for the compensation you need to recovery.

As such, it’s best to hire a lawyer if you’re struggling with any of these steps. They’ll review your case and make sure you get what you need for a full recovery.

Wrongful Death Laws in Illinois

Losing a loved one is one of the most painful experiences that anyone will ever experience. However, if your loved one was wrongly taken from you, or if their death was the result of the carelessness or negligence of someone else, the situation can be even harder to handle. In cases such as these, the sudden loss of a loved one could leave you with unexpected expenses and losses that prevent you from moving on with your life as you should.

Although nothing can bring back your deceased loved one, the laws in the state of Illinois allow you to file a claim against the responsible party in order to recoup the expenses and losses you have incurred. This can be done by filing a wrongful death claim. This wrongful death claim allows you to receive compensation for the losses you incurred as a result of the death of your loved one. The lawsuit also enables family members and loved ones to recover benefits that they would have received had the deceased person survived.

The wrongful death Act in the state of Illinois determines who is allowed to open a wrongful death claim. According to the law, the spouse and children of the deceased are eligible to file a wrongful death claim. If the person who has passed on does not have a spouse or children, other family relatives are able to file a wrongful death claim such as the parents or siblings of the deceased.

Wrongful death claims can be found in various situations when an individual is killed as a result of someone else’s carelessness, recklessness or negligence. Some examples of this include medical malpractice, dangerous or defective products, car or truck accidents, drunk driving, workplace accidents and dangerous property conditions.

In some cases, the conduct of another individual, company or municipality that caused the death of an individual is a criminal offence. However, whether or not criminal charges are brought against the other individual company or municipality, it does not prevent a wrongful death claim from being opened. Likewise, irrespective of whether the guilty party is acquitted or found guilty, it will not affect the outcome of the wrongful death claim as it will be processed as a civil case. Civil matters are based on its own set of merits as opposed to criminal cases.

Some of the losses that you are entitled to be reimbursed for include:

  • Funeral and medical expenses
  • loss of inheritance
  • Emotional distress
  • Loss of companionship and parental guidance
  • Punitive damages

According to the wrongful death laws in Illinois, damages that are recovered in the lawsuit are distributed to the eligible parties according to their dependence on the deceased’s support. Since there are no set criteria for determining the proportion of distribution, this is left largely to the court’s discretion.

If you lost a family member or loved one due to the carelessness or negligence of another individual company, you should look into contacting Illinois wrongful death attorneys. These attorneys are experienced in this type of claim and are therefore able to assist you better than other types of lawyers. A wrongful death attorney will examine the circumstances surrounding a wrongful death claim and will, therefore, assist you in receiving compensation for your losses and expenses as a result of the wrongful death of your loved one.

 

https://en.wikipedia.org/wiki/Wrongful_death_claim

https://simple.wikipedia.org/wiki/Wrongful_death_claim

Unusual Forms of Medical Malpractice

People who suffer from further injuries at the hands of their medical professionals have the opportunity to file medical malpractice claims against the at-fault party to hold them accountable for their negligent actions and recover the compensation they’ll need to pick up the pieces of their lives.

There are many types of medical mistakes that occur with alarming frequency such as misdiagnosis, failure to treat, and surgical errors, to name a few. However, there are also some unusual forms of medical malpractice errors you might not be aware of. Continue reading to learn more about uncommon types of medical mistakes.

Anesthetic Awareness

Anesthetic awareness occurs when a patient who has been put under anesthesia is awake during the procedure and can both hear what’s going on around them and feel the sensations of the surgery being performed.

This sometimes can happen due to an adverse reaction to the anesthesia, but is considered medical malpractice, as the anesthesiologist should be paying close attention to the patient throughout the procedure.

A responsible anesthesiologist would administer the anesthesia at the appropriate time prior to the surgery beginning to ensure the patient was asleep, and then continue to monitor the patient throughout the surgery looking for signs of distress. Anesthetic awareness is one of the most traumatizing types of medical malpractice a patient can experience.

X-Ray Overdoses

Though uncommon, patients can overdose on the radiation emitted from an X-ray machine. An overexposure of radiation can cause cancer growth, organ failure, hair loss, low blood pressure, infection and a variety of other symptoms.

It is considered a medical malpractice error because it can only occur if the technician administering the X-ray holds the machine in an improper fashion, or fails to provide the protective gear necessary to protect the patient from such overexposure.

Breach Of Doctor-Patient Confidentiality

A doctor breaches doctor-patient confidentiality by discussing the patient’s medical history, treatment or care with anyone the patient has not given explicit permission for their physician to discuss their health with. It most often comes up in court cases where the doctor provides information about their patient’s medical record to assist either the defendant or the plaintiff.

You can bring a medical malpractice claim against the physician who broke your confidence due to the fact that violating doctor-patient confidentiality means that the standard of care required by all physicians has been breached.

Switching Samples

When a sample of blood, urine, or even test results are switched by accident, there can be serious consequences for the patient. They might be diagnosed with a condition they don’t have, begin treatment for the supposed illness, and their entire lives could be upheaved by such a mistake.

A good example could be if a blood sample was labeled with the wrong patient’s information and that patient was diagnosed with cancer based on the results of the blood sample.

Mistakes like these just shouldn’t occur, and for this reason, patients who are victims of an error with a test result are able to bring medical malpractice claims against anyone involved in their treatment and care.

Practicing Medicine Without A Valid License

Physicians in any state are required to carry license to practice, and must renew their license every few years depending on which state they are practicing in. If a doctor has not been licensed to provide care in that state, or if they failed to renew their license once it expired, they are not allowed by law to perform surgery, diagnose a patient, prescribe medication, or otherwise practice medicine.

Doctors without a valid license may still be able to give medical advice, but once they cross the boundary into treating or caring for a patient, they’ve committed medical malpractice.

Work With Top Medical Malpractice Attorneys

Though these types of medical malpractice are less often seen than say, leaving a surgical instrument in a body cavity or misdiagnosing a patient, they do occur more often than you might think. If you’re considering filing a medical malpractice lawsuit against the physician or other medical professional for errors they’ve made in your treatment or care, you should get help from top medical malpractice attorneys.

Your lawyer should have experience in handling these types of claims because for your case to be successful, your attorney will need to establish that if the medical professional treating you had exercised a greater standard of care, you could have avoided your subsequent injuries.

Do I Need A Car Accident Lawyer Las Vegas

In most Las Vegas car accidents there is no need to hire a car accident lawyer Las Vegas. Most cases will be simple cases that can be handled between the parties themselves, or will be easily settled by the insurance companies. However, where there is property damage, injury, or death involved it is usually a good idea to find a personal claims lawyer to act as your advocate with the insurance companies and courts. If you are unsure about the need for a car accident attorney consider the five points below.

1. Can a Las Vegas Car Accident Lawyer Help Determine Fault?

If the other driver chooses to contest fault you may end up taking the blame for the accident. Not only will this stop you from receiving any compensation yourself, you may also have to pay for all the damages to the other driver. This is not something you want to leave to chance. If a car accident claim is going to be contested over fault there is a very good chance that fight will take place in court, and you will want to be well represented. 702-4-INJURY Lawyers is one firm who is well known for their ability to win in cases where fault in a car accident is disputed.

2. How Much Do You Expect to Spend Out-of Pocket?

In most smaller accidents the out-of-pocket costs will be less than $5,000 and many people will feel comfortable dealing with this cost on their own. However, in cases where there is property damage the costs can easily rise to the tens of thousands of dollars. And when personal injury is involved it makes even better sense to involve the services of an attorney familiar with personal injury as these cases can see costs in excess of a hundred thousand dollars.

3. Is Your Injury Serious and What is the Recovery Time

Serious injuries such as broken bones can affect you for a very long time and incur large hospital bills. Even more troubling are those injuries that are permanent and will remain with you for the rest of your life. In either case a personal injury lawyer needs to be involved to ensure you are appropriately compensated for your injuries.

The fact of the matter is, the more serious your injuries are, and the more that is at stake in compensation, the more critical it is that you hire an attorney to present your case for you. When there is a large claim at stake, the opposing insurance company will push back and try to deny the claim more vigorously, so you need the protection afforded by a car accident lawyer.

Think of it like this. There are many things you wouldn’t do on your own, like major surgery or trying to fix a broken water main. You simply don’t have the skills and training for these large tasks, though you wouldn’t hesitate to put a bandage on a small cut or fix a dripping water faucet. The same applies to legal issues — small claims can be handled yourself, but large claims need the help of a professional.

4. Will You Have to Go to Court?

In the case of small accidents and small claims you usually settle out of court. Maybe the insurance companies come to an agreement, or you may even settle privately with the other driver. In more extreme cases you could even go to small claims court. None of these instances necessarily requires a lawyer, especially if the facts surrounding the accident are clear cut.

If your claim is large enough though you will have to go to court, and for that you’ll need an attorney who is familiar with the court rules and all the nuances of personal injury law. This will ensure you get fair treatment and that your legal rights are protected.

5. Can a Las Vegas Car Accident Lawyer Settle Your Claim More Quickly

In basic cases you can likely learn all you need to know to settle a claim in about 2-3 hours. When you include the necessary time for filing court documents and actually showing up to court it is probably 10-15 hours total to settle your own car accident claim. Are you willing to spend that time to handle your own claim?

Or would it be better to hand everything off to a Las Vegas car accident lawyer? Because they are familiar with the process and the laws they can settle the claim in half the time it would take you. More importantly, you would likely spend 1/10th the time in handling the claim. Taking this burden off your shoulders is one of the key reasons for hiring a lawyer after a car accident.

You have to decide for yourself if the lawyer fee (which is typically 30% or more of your settlement) is worth it in your case. You also have to balance the size of the claim and severity of the accident. Sure you don’t want to give up 30% of a $100,000 claim, but trust me when I tell you that you don’t want to be the one to argue such a large injury lawsuit in court. You may be giving up what seems like a lot, but it’s better than giving up everything.

A Compounding Pharmacy Can Help Your Children

Children are delicate, and a trusted compounding pharmacy can be an asset to their health. While most medications have been developed to be compatible with children, in some cases your child may need a smaller, more specific dose of medication that is not available commercially or at other pharmacies. When this need comes up, we can help.

Smaller or Specialized Doses for Children

Compounding pharmacies create safe medications in doses that cannot be found commercially. For example, a child may need a dose of medication that is currently only available to adults. If this issue occurs, we can create the medication in the dose specific to your childs needs, to make it safer and more effective. We can also develop medications for children who have allergies or who are unable to swallow the larger tablets that are available on the market.

A Compounding Pharmacy Provides Help When You Need it Most

Some children just do not like the taste of a medication and will refuse to take it unless it is altered. When your childs well-being is at stake, you would do anything to help them. We can make dire situations easier by customizing medications for your childs needseven down to the details like creating the medication in their favorite flavor or in lollipop or gummy bear form. We will work closely with your childs pediatrician or specialist to find an exact solution for their ailment.

Specific Conditions or Disorders

Some illnesses are unique to children or more prevalent among children. Many problems that fall into this category may require treatment from our pharmacy including common conditions like:

  • Strep throat
  • Pneumonia
  • Flu
  • Lice
  • Pink eye
  • Ear infections
  • Severe allergies
  • Digestive ailments or sensitivities
  • Skin conditions


At our pharmacy, we not only provide medications but we also use supplements in order to improve the health of our patients. We encourage you to speak with our pharmacist to find out if something as simple as a specific vitamin can help to improve your child’s health.

Helping Immediate Needs

If you or someone you know has a child who needs assistance ingesting medication, our compounding pharmacy can provide the aid they (or you) need. Share this blog post with them so that their child can start down the road to recovery.