Delaware Personal Injury Attorneys
Accidents resulting in physical injury, or death, don't just happen. There is typically a series of events that lead to the accident. Unfortunately, when they do occur they happen in a split second and in that time your life can be changed for years to come. Oftentimes, injury-causing accidents are the result of someone's carelessness or recklessness. At The Freibott Law Firm, we believe negligent parties should be held accountable for the injuries they cause.
At The Freibott Law Firm, P.A., our personal injury lawyers provide skilled legal representation to protect injured people and their families throughout New Castle, Kent and Sussex County, Delaware. With approximately 50 years of combined experience, our Delaware personal injury attorneys are very experienced at handling Delaware auto accident and wrongful death claims. We have the experience and resources to obtain results.
From our office located in Wilmington, Delaware we routinely handle all types of accidents including, but not limited to:
Car accidents: these cases can include rear end collisions, head-on collisions, inclement weather accidents, drunk driving accidents, drugged driving accidents and car accidents caused by eldery or inexperienced drivers.
Motorcycle accidents: many people think that there is only one type of motorcycle accident but that is not the case as we handle various types of motorcycle accidents such as single motorcycle accidents, motorcycle accidents caused by negligent driving, lane change accidents and motorcycle accidents caused by hazardous roadways.
Trucking accidents: any type of commercial vehicle can cause an accident such as tractor trailers, bus accidents, limousine accidents, taxi cab accidents, delivery truck accidents, garbage truck accidents and ambulance accidents.
Premises liability accidents: there are dozens of ways you can be injured while on someone else's property such as slipping and falling, suffering a burn, tripping on an unsecured rug or wet floor, merchandise can fall from a shelf onto you, assaults and parking lot accidents.
Workers compensation accidents: these accidents can involve work related auto accidents, chemical, thermal and liquid burns, falling, repeptitive stress injuries, machine accidents, back and neck strains, joint, connective tissue and crushing injuries. Very severe workers' comp injuries can include amputation, coma, paralysis and death.
Animal attacks: the most common type of animal attack in Delaware is a dog bite but other domestic animals can harm you as well such as snakes, cats and ferrets
Child abuse and child injuries: injuries to chldren can be caused by abuse, neglect, sexual abuse and other types of accidents such as car accidents. Many cases of abuse, neglect and sexual abuse take place in schools, foster homes, daycare facilities, religious organizations and extracurricular activities such as boy scouts or girl scouts.
Birth injuries: include, but are not limited to, Erb's Palsy, Cerebral Palsy, suffocation and shoulder dystocia
Determining Who Is Liable For Your Injuries
One of the most important aspects of a Delaware personal injury lawsuit is determining who is at fault, or liable. Depending on the type of accident there can be one liable party or multiple liable parties. Common liable parties can include your insurance carrier, the drivers insurance carrier (if you were a passenger) the other drivers' insurance carrier, third parties such as contractors, municipalities, business entities and your employer. At The Freibott Law Firm we leave no stone unturned when establishing who needs to be held accountable for your injuries, missed work time and pain and suffering.
In an effort to determine the full amount of your claim we work with expert witnesses, eye witnesses and will recreate the accident scene if necessary to get you the fair and just compensation amount for your injuries.
What Benefits Can You Obtain In A Delaware Injury Case
With our decades of experience handling only accident and personal injury claims in Delaware we are very well versed in Delaware personal injury law. That includes understanding your case and how the accident impacts your life. An accident can cause you to miss work time now as well as in the future. It can also cause you years, if not a lifetime, of pain and suffering. And following the accident you may face endless medical appointments, tests and procedures, all of which can be very costly. Each of these may entitle you to various benefits, damages and financial compensation. In car accident, animal attacks and premises liability claims you may also be able to receive vehicle repair cost reimbursement, death benefits,funeral benefits and survival benefits if a loved one was killed in the accident.
What Benefits Can You Obtain In A DE Workers' Comp Case
Workers' compensation benefits are governed by Delaware workers' compensation laws. They are described below.
Medical Benefits: All necessary medical treatment and hospitalization services are provided by the employer or the employer's insurance carrier. The employee has the right to choose the treating physician. Effective 5/23/08, Delaware put in place a new and comprehensive Health Care Payment System (HCPS) for medical treatment.
Temporary Partial Disability Benefits: If the employee goes back to work part-time or at a lower rate than his/her pre-injury wage, the employee may be entitled to ⅔ of the difference between the pre-injury wage and his/her current wage. Partial disability may be received up to 300 weeks.
Temporary Total Disability Benefits: If there is lost time which extends beyond three days due to the injury, temporary total disability benefits become payable starting with the fourth day lost. If, however, the disability extends to seven days, the full disability period becomes compensable and no waiting period applies. The benefit amount is 66⅔ percent of gross weekly wages received at the time of the injury, up to a maximum established annually by the secretary of labor.
Permanent Impairment Benefits: When a job-related injury or illness results in a permanent partial disability, benefits are based upon a percentage of certain "scheduled" or "nonscheduled" losses. A "scheduled" loss is one involving arms, hands, fingers, legs, feet, toes, eyes, and ears. A "nonscheduled" loss is one involving the back, heart, lungs, etc.
Disfigurement Benefits: An employee may file a petition for disfigurement one year post accident/surgery for any scar, burn, or amputation related to the work accident. Disfigurement is paid out in a number of weeks up to 150 weeks, depending on the severity of the scar.
Death Benefits: When a job-related accident or illness results in the workers' death, benefits are payable to the dependents of the worker as defined by the law. The weekly benefit payments are based upon the number of dependents, but the maximum total benefit payable to all of the worker's dependents cannot exceed 80% of the maximum rate established by the secretary of labor.
Children who are deemed to be dependents remain so until the age of 18 years or if a full-time student until the age of 25 years. If a child is physically or mentally disabled he/she may be eligible for further benefits.
The employer or its insurance carrier is responsible to pay up to $3,500 in funeral expenses for a job-related death under current Delaware workers' compensation laws.
To discuss your case please contact the Delaware workers' compensation lawyers at The Freibott Law Firm for a free consultation.
What to Do During a Car Accident Insurance Claim
You should take certain steps to make sure you receive a satisfactory auto accident settlement from an insurance company, and you should avoid pitfalls that could jeopardize your claim. Below are the major "dos" and "don'ts" of Delaware car accident insurance claims.
- DO read your insurance policy as soon as you receive it, or as soon as you can after an accident. If you know what your policy covers, you put yourself in a better position to receive a fair settlement that covers all the losses for which the car insurance company is responsible.
- DO contact your own insurance carrier as soon as possible after the accident or injury.
- DO respond promptly and honestly to any insurance company's requests for information. Delaying or denying information may be seen as grounds for refusing your claim.
- DO gather as many details as you can about the accident. For example, taking pictures of any property or vehicle damage and collecting the contact information of witnesses to the accident can be invaluable in car accident settlement negotiation. Also, get the insurance information of any other person or vehicle involved in the accident.
- DO keep records of every communication you have with any insurance company, officer, or agent involved in the claim. Also, keep records of every communication with any other person involved in the claim. Each time you communicate with any of these parties, write down the date and time and summarize the communication. Keep backup copies of all written communication, like letters or emails.
- DO save receipts and bills for all expenses related to your claim. These include bills and receipts for repair work on a damaged vehicle or other property, medical treatment for your injuries, and other losses. If you're not sure whether an expense is related to your claim, save the receipt or bill just in case.
- DO review your other insurance policies to see if they cover the specific accident you were involved in. Some examples include homeowner's insurance, workers' compensation, or disability insurance.
What Not to Do During a Car Accident Insurance Claim
- DON'T volunteer information to police officers, others involved in the accident, or insurance company agents. Answer questions honestly, but stick to the facts, and never speculate.
- DON'T admit liability, even if you believe you were at fault for the accident. Fault in a Delaware car, motorcycle or trucking accident is affected by many different factors. If you admit fault, you may jeopardize your chances at a full and fair insurance settlement even if your behavior was not actually the cause of the accident.
- DON'T give any information in writing to your insurance company or any other insurance company before you have had a chance to review your policy, or while you still have questions about your policy or your claim.
- DON'T assume your insurance agent has the last word, especially when it comes to estimating the value of your claim. Do seek an injury attorney's help to estimate the value of your auto accident claim.
- DON'T sign a release or waiver of any kind. If you've been asked to sign a document and you aren't sure if it contains a release or waiver, consult with an experienced Delaware personal injury attorney for help.
- DON'T accept any payment as a full and final payment unless you are certain that the amount fairly compensates you for your losses. This is most easily accomplished by retaining a car accident attorney handling auto accident claims throughout New Castle County, Kent County and Sussex County, Delaware
How Will My Injury Lawsuit Get Resolved?
Typically car accident lawsuits, perconal injury lawsuits and workers compensation claims end one of two ways: settlelment or verdict. While settlements account for a large majority of how accident and injury lawsuits culminate not all end that way. The accident and injury lawyers at The Freibott Law Firm we will do our best to obtain a fair and just settlement for you that includes all possible benefits and means of compensation. if the liable party or parties and Mr. Freibott cannot agree to an appropriate settlement Mr. Freibott is more than willing to take your case to the trial, also known as litigation, phase. That is one thing that separates Mr. Freibott and his associates from other accident, injury and workers' comepnsation attorneys is that they have a wealth of litigation experience. Let them put that experience to work for you and get you and your family the benefits you deserve.
Why Hire The Freibott Law Firm?
In two words: We win. It is as plain and simple as that. We have a very long standing history of obtaining very favorable settlements, verdicts and judgments, for our clients.
In addition, our clients are so pleased with the results we obtain for them that they commonly thank us for not only the services we provide and the results we obtain but also for the compassion and attention to detail we demonstrate on every case.
The Freibott Law Firm is a small Wilmington, DE law firm - when you choose us to handle your case, you will come to know us personally, and we will come to know you. Our principal injury attorney is Frederick Freibott, who has over 20 years of experience practicing personal injury and workers compensation law in Delaware and helping people like you throughout Delaware. Our staff consists of legal assistants and three support staff and each are skilled at working as a team in preparing your case and keeping you informed from beginning to end.
When you leave, you will feel more relaxed. You no longer have to worry about your legal matters - that's our job.
You will know that you have an experienced, knowledgeable, and compassionate Delaware injury attorney who is going to take care of you and your case. You will have important information you will need to make effective decisions about your future, and you will feel like you are back in control.
Our goal is to give you control over what is happening in your life again. Contact us to see how we can help you.
At The Freibott Law Firm our approach is aggressive and direct when negotiating on your behalf. As our client you will see that we also very caring and compassionate and our level of customer service is impeccable. We will not waste your time. If the offer made by an insurance company is not satisfactory to adequately compensate you for your injuries and damages, we will not delay in filing a lawsuit on your behalf. We will use our exensive trial skills and courtroom experience to work in an effort to achieve for the most favorable results through litigation. With the Friebott Law Firm by your side, you can rest assured that we will work hard to protect your rights and best interests.
Whether your accident happened on the road, at work or under the care of professionals, we are ready to help you find fair and just compensation and hold negligent individuals, businesses and their insurance carriers accountable under the law in an injury accident and wrongful death claim.
Our Auto Accident attorney is skilled in all aspects of case preparation and presentation, including state-of-the-art accident reconstruction. We consult with and employ an extensive network of experts who can be used in all aspects of your case. In addition, our aggressive trial work has resulted in significant awards for many of our clients. Delaware Personal Injury Attorney Frederick S. Freibott has been voted one of Delaware's Best Personal Injury Lawyers multiple times by Delaware Today. Not many other Delaware attorneys have that distinction.
To learn how we can help obtain fair compensation for your injury or loss, contact our office today to schedule a free consultation with an auto injury lawyer. Dial (302) 633-9000 today. We charge no fees or costs until we successfully resolve your legal claims.