Voted Best Of Delaware Twice By His Peers
Delaware Personal Injury Lawyers
I you have been injured in a car accident, motorcycle accident or trucking accident in Delaware you have legal right under Delaware personal injury law. Have you suffered an injury at a casino, retail store, mall, hotel, gym or restaurant anywhere in Delaware? Do you work in Delaware and have somehow sustained an on the job injury or workplace injury? Did the accident aggravate a pre-existing condition? If so, you may be entitled to various benefits and financial compensation for your medical bills, lost wages, physical pain, emotional suffering (if applicable), and vehicle repair costs according to Delaware personal injury law. The exact benefits you ultimately qualify for are determined by the type of accident you were involved in, where the accident occurred and the impact the injuries had on your life. Consulting with our experienced Delaware personal injury lawyers behooves you as they will determine the full dollar value of your claim and make all responsible parties accountable.
At The Freibott Law Firm, P.A., our Wilmington Delaware personal injury lawyers provide skilled legal representation to protect injured people and their families throughout all of Delaware including Newark, Middletown, Dover, Milford, Harrington, Georgetown and the Delaware beaches. With approximately 50 years of combined experience, our Delaware personal injury attorneys are very experienced at handling Delaware auto accident, workers' compensation and wrongful death claims. We have the experience, litigation experience and resources to obtain results.
Cases Our Delaware Personal Injury Lawyers Handle
Accidents resulting in physical injury, or wrongful 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. Delaware Car Accident Lawyer Fred Freibott, and his associates, believe negligent parties should be held accountable for the injuries they cause. From our office in Wilmington, Delaware our DE personal injury lawyers routinely handle all types of accidents including, but not limited to:
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.
Birth injuries: include, but are not limited to, Erb's Palsy, Cerebral Palsy, suffocation and shoulder dystocia.
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.
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.
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, motorcycle accidents caused by drunk or intoxicated motorcyclist, lane change accidents and motorcycle accidents caused by hazardous roadways.
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.
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.
Workers compensation accidents: these accidents can involve work related auto accidents, chemical, thermal and liquid burns, falling, repetitive stress injuries, machine accidents, back injuries, neck injuries, joint and connective tissue injuries, idiopathic injuries and crushing injuries. Very severe workers' compensation injuries can include amputation, coma, paralysis and death.
Who Our Delaware Personal Injury Lawyers Represent
Our Delaware personal injury attorneys represent those who have been injured in any type of automobile accident, slip and fall accident or animal attack in Delaware.
We also serve those injured at work in Delaware such as laborers, union members, healthcare workers, commercial drivers, shipping industry workers, service industry workers, teachers, poultry plant workers, construction workers, clerical workers, forklift and heavy machine operators, seasonal and part time workers.
As Delaware is bordered by several other states, and many people from out of state come to DE for school, shopping, vacation and work, we routinely handle Delaware accident, injury, workers' comp and wrongful death claims for those injured in Delaware but live in another state.
Delaware Traffic Accident & Wrongful Death Statistics
According to studies conducted by Delaware State Police in 2014 there were 674,869 licensed drivers in Delaware, 867,438 motor vehicles registered in Delaware, and 9,450,000,000 vehicle imiles driven. Throughout the state there were just under 23,000 total traffic accidents in New Castle County, Kent County and Sussex County. Ultimately these accidents resulted in 125 people killed & 7,540 people injured. The amount of auto accident fatalities and injuries led to an economic loss of more than $518 million dollars in 2014 alone.
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. The Delaware workers' compensation lawyers at The Freibott Law Firm will 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
Delaware workers' compensation benefit laws determine what benefits you receive for your workplace injury. Common benefits awarded in DE workers' comp cases are:
Medical Benefits: Per DE workers' compensation law all medical expenses such as medication costs, x-rays, surgeries, office visits, therapies and rehab efforts and hospitalization expenses are provided by the employer or the employer's insurance carrier. In Delaware the victim 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 Delaware car accident lawyer handling auto accident claims throughout New Castle County, Kent County and Sussex County, Delaware.
Do I Need A Delaware Personal Injury Attorney?
Yes you absolutely do. Without an attorney protecting your rights you are almost defenseless against the insurance companies. Accidents that result in serious injuries are very traumatic and it is understandable that you would want to take the path of least resistance and accept the liable parties insurance carriers offer. This is a HUGE MISTAKE as their offer does not benefit you in any way. It is usually for a small lump sum amount that, in reality, is a fraction of the actual total dollar value of your claim. Having an experienced Delaware car accident lawyer and or a DE workers' compensation attorney in your corner ensres your rights are protected and that you will not get taken advantage of by the insurance carriers.
How Will My Injury Lawsuit Get Resolved?
Typically car accident lawsuits, personal injury lawsuits, workers compensation claims and wrongful death claims end one of two ways: settllement 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' compensation 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.
What To Look For In A Delaware Personal Injury Lawyer
At some point in your life you may find yourself injured due to the fault of another person, party or entity. Under Delaware Personal Injury Law you may be entitled to various means of compensation and benefits depending on the extent and severity of your injuries. Left to your own devices, it can be extremely difficult for you to prove that your injuries are the direct result of someone elses carelessness or negligence. This is where the skill of an experienced Delaware Personal Injury Lawyer can be of great benefit to you. A qualified Delaware personal injury attorney will possess several key qualities that will benefit you, your family and your case. They should not only inform you of your rights but also do everything in their power to protect your rights.
When interviewing personal injury lawyers regarding handling your case there are a few qualities they should possess if they are to properly and effectively represent you. Many times it is easy to be impressed by their website, their print ads or their television and radio commercials. The attorney who spends the most money on advertising is not always the best attorney to handle your Delaware personal injury claim. Qualities you should look for when interviewing a personal injury lawyer are:
1. Experience Handling Your Type Of Claim If you were injured in a Delaware slip and fall accident hiring an attorney who specializes in Medical Malpractice claims may not be the best option for you. The term personal injury is an umbrella term that encompasses many different types of injury and accident cases that occur in many different environments. For each type of personal injury claim there are individual Delaware laws which govern the time limits for filing a claim, type of compensation you may be entitled to and benefits you may be awarded. If the attorney you are speaking with has not handled your type of case before it may not be a great idea to let them handle your case as a means of gaining experience.
2. Litigation Experience In today's legal environment a large majority of personal injury claims are settled out of court and end with a settlement. That is fine and odds are your case could end in a settlement. What you should be aware of is the fact that it could ultimately go to the litigation phase i.e. trial. If the attorney you are speaking with has never had a Delaware Slip And Fall case go to trial it may make sense to find an attorney who has had experience taking Slip And Fall cases to court. There is a huge difference in an attorney being able to negotiate a settlement on your behalf and properly representing your case in court.
3. Their History Of Obtaining Maximum Compensation And Clients For Their Clients When speaking with a prospective personal injury lawyer you should inquire about their history of getting favorable settlements and verdicts for their clients regarding the type of case that applies to you. Also, If you were injured in Delaware you should make sure you are shown settlements and verdicts for Delaware cases similar to yours. If you are speaking with an attorney who practices in multiple states the settlements and verdicts you are shown may not be apples to apples to yours. Also, please bear in mind that no personal injury case is the same as each person suffers different injuries, has different recovery times and may have had a pre-existing injury.
4. Their Professional Affiliations, Community Involvement And Legal Discipline Record The various types of professional organizations, bar associations and other groups they belong to may offer insight regarding their level or commitment to their clients and their profession. If they are involved in their community and routinely give back that can speak volumes about the type of person they are in addition to the type of attorney they are. Also, researching their disciplinary history can alert you to any professional struggles they have had over the course of their career. Much of this information can be found either on their website or by Googling their name.
5. Their History Of Handling Personal Injury Claims Sometimes attorneys can switch practice areas at any given time. Just because an attorney has been practicing law for over 20 years does not mean that they have been practicing personal injury law for that entire time. If they were estate planning lawyers until 6 months ago they most likely lack the experience to appropriately handle your claim.
Why Hire Our Delaware Personal Injury Lawyers?
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 expensive 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.
Regardless of whether your accident happened on the road, at work or under the care of professionals, our Delaware personal injury lawyers 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 Delaware auto accident attorneys are 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 personal injury attorneys have that distinction.
Recent Significant Case Results
1) The Delaware workers' compensation lawyers at Freibott Law Firm were recently successful in securing an award for our client in the case of Patrick Michael Murphy v. State of Delaware. We alleged in our petition before the Industrial Accident Board that our client sustained a new injury to his left lower extremity on October 22, 2014 when he was working as an equipment operator for the State of Delaware. Our client stepped backwards into a well of a truck lift, approximately six to eight inches deep. He twisted his left ankle which immediately began hurting but continued to work. Because of his severe injury to his ankle, our client began to limp for at least two weeks and then began feeling sharp pains in his right knee. Our client saw an orthopedic surgeon soon thereafter who noted swelling in the right knee and continued sharp pain. The orthopedic surgeon aspirated the right knee and provided a cortisone injection; however, our client’s knee pain got worse. A new MRI of the right knee was ordered and based upon the results, our client underwent right knee surgery on January 22, 2015. The State of Delaware’s defense in the case was that our client’s current knee problem related back to a knee injury that he had sustained in 2010 while working for the State of Delaware. Our client last saw a doctor for that knee injury on February 22, 2012 and there was no further treatment for the right knee in 2012, 2013, and up to October of 2014. The Industrial Accident Board agreed with our position that our client sustained a new injury for which the State of Delaware was responsible. The Industrial Accident Board found that our client’s medical expert, Dr. Leo Raisis, was far more credible than that of the defense expert, Dr. Andrew Gelman. Our client was awarded a closed period of total disability; the reimbursement of his medical expert witness fees; and an award of attorney’s fees. (Patrick Michael Murphy v. State of Delaware, Hearing No.: 1364162 & 1420756)
2) The Delaware personal injury lawyers at The Freibott Law Firm recently secured a settlement on the eve of jury trial. Our client was injured in a collision wherein she hurt her neck, her low back, and her left shoulder. Her neck and back injuries resolved; however, her left shoulder injury did not. The left shoulder required surgery and a subsequent procedure to correct adhesions that had formed in the surgical area. The defendant in this case maintained a $100,000.00 liability policy. The carrier, State Farm, made an offer of $65,760.00 in this case. It would not further negotiate from that offer. Accordingly, we continued to litigate the case and then took the deposition of the defendant’s medical expert. During the deposition of the defendant’s medical expert, he admitted that the surgery to the left shoulder was related to the automobile collision. Further attempts by State Farm’s defense attorney to clarify its medical expert’s opinion only made matters worse. Upon further cross examination of State Farm’s medical expert, he agreed that he had not reviewed the medical records very carefully; that he could find no prior complaints of any problems associated with our client’s left shoulder since 1987; and that our client was left with a permanent injury to her shoulder due to the automobile collision. State Farm tendered its policy limits two days after its expert’s decision. (Rivera v. Krempa, C.A. No.: N10C-11-001 JRS)
Recent Client Testimonials
I just wanted to say thank you very much for being the lawyer that you are. I will always keep you in mind. I just want to say thank you for everything. God Bless.
Thanks for all the things you have done. You just don't know how stressful it was for me when I talked to the other insurance company before we consulted you. I am glad it's finally over. I really appreciate all the hard work that you do. Thanks again from the bottom of my heart.
Contact Our Delaware Personal Injury Lawyers
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. Our Newark Delaware personal injury lawyers charge no fees or costs until we successfully resolve your legal claims.
The Freibott Law Firm serves those injured throughout the entire state of Delaware which includes: Wilmington, Newark, New Castle, Bear, Glasgow, Hockessin, Pike Creek, Middletown, Smyrna, Dover, Milford, Laurel, Harrington, Dagsboro, Seaford, Millsboro, Milton, Lewes, Rehoboth Beach, Dewey Beach, Bethany Beach, Fenwick Island and Ocean View, Delaware.