Hurt in an accident in Delaware? You may be entitled to financial compensation through a personal injury claim—including for your medical expenses, lost wages, and pain and suffering. Personal injury law is complicated. It can be difficult to navigate the insurance claims process. At Freibott Law Firm, we want to make sure injured victims have the knowledge and resources to protect their legal rights and financial interests. Here, our Wilmington personal injury attorney provides a glossary of key personal injury terms in Delaware.
Negligence
Negligence occurs when the failure to act with the care expected under the specific circumstances leads to harm to an innocent person. It is the foundational concept in personal injury law.
Liability
Liability refers to the legal responsibility one party has for the damages or injuries suffered by another. In Delaware personal injury cases, liability generally requires establishing negligence.
Causation
Causation in law establishes that the defendant’s actions are the actual cause of the plaintiff’s injury. It requires showing that the harm would not have occurred ‘but for’ the defendant’s conduct.
Proximate Cause
Proximate cause is a legal concept that links the defendant’s actions to the plaintiff’s injuries in a way that is legally recognized as a direct cause.
Duty of Care
Duty of care is a legal obligation requiring individuals to exercise reasonable care in their actions by considering the potential harm they might foreseeably cause to others.
Malpractice
Malpractice is professional misconduct or imprudent lack of skill in the performance of professional duties. A common example is negligence by a doctor or other licensed medical provider.
Statute of Limitations
The statute of limitations is the time limit within which a victim has to file a lawsuit. Most personal injury claims in Delaware are subject to a two-year statute of limitations.
Damages
Damages are the monetary compensation sought in a personal injury claim. Some of the most notable examples include property damage, medical bills, lost wages, and pain and suffering.
Maximum Medical Improvement (MMI)
MMI is reached when a person’s condition has stabilized and is not expected to improve further, even with additional care.
Demand Letter
A demand letter is a formal document sent to the party at fault or their insurance company. It should be drafted by a Delaware personal injury lawyer.
Claim
A claim in personal injury law is a formal request for compensation for damages due to negligence or wrongful actions. It is initially directed at the at-fault party’s insurance company.
Mediation
Mediation is a form of alternative dispute resolution where a neutral third party helps the disputing parties reach a voluntary settlement.
Contingency
Contingency refers to a fee structure in legal services where the lawyer’s fee is dependent on winning the case. There are no upfront costs or hourly fees for the victim of the accident.
Schedule a Free Consultation With Our Wilmington Personal Injury Attorney Today
At Freibott Law Firm, our Wilmington personal injury lawyer is a strong, experienced, and dedicated advocate for justice. Hurt in a bad accident? Our firm is here as a legal resource. Contact us today for a no-cost, no-strings-attached initial consultation. With law offices in Wilmington and Lewes, we fight for the rights of injured victims throughout Delaware.