$ millions
recovered For our clients
You Deserve Compensation For Someone Else’s Negligence
If you were injured in an accident in Delaware, you may have a personal injury claim. In most cases, you have two years to file, and early decisions, especially with insurance companies, can affect your ability to recover compensation.
At Schmittinger & Rodriguez, our personal injury attorneys represent injured clients across Dover, Middletown, Rehoboth Beach, and throughout the state. Since 1961, our law firm has provided practical, trial-ready legal representation grounded in local experience. That history reflects A Tradition of Legal Excellence.
Whether you are dealing with medical bills, lost wages, or ongoing treatment, understanding your legal options early can help protect your case.
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What Does a Delaware Personal Injury Lawyer Do?
A personal injury lawyer helps injury victims navigate the legal system, deal with insurance companies, and pursue compensation after an accident.
This typically includes:
Investigating the accident and identifying responsible parties
Gathering evidence such as medical records and witness statements
Calculating damages, including future medical care and lost wages
Handling insurance claims and settlement negotiations
Preparing the case for court if a fair resolution is not offered
Insurance companies often have their own legal teams. Having a personal injury attorney helps level the playing field and ensures your claim is properly evaluated.
Types of Personal Injury Matters We Handle in Delaware
Our Delaware injury lawyers handle a wide range of practice areas, including:
Car accidents
Slip and fall and other premises liability cases
Workers’ compensation cases
Medical malpractice
Dog bites and other animal attacks
Many of these cases involve complex insurance claims and overlapping legal issues, such as workers’ compensation or civil litigation.
What Our Clients Say
Most Common Questions
What Is Personal Injury Law in Delaware?
Delaware personal injury law applies when someone suffers injuries due to another person’s negligence, recklessness, or intentional conduct.
To prove a personal injury case, four elements are generally required:
Duty of care
Breach of that duty
Causation
Damages
Delaware follows a modified comparative negligence rule. This means you can still recover damages even if you were partially at fault, as long as your share of responsibility is not greater than the other party’s. Your compensation may be reduced accordingly.
Do You Have a Personal Injury Claim?
Many injury victims are unsure whether they have a valid claim. You may have a claim if:
You were injured in a car accident, fall, or other incident
Another person or business contributed to the accident
You suffered financial losses, physical injuries, or emotional trauma
Even if liability is unclear, it is worth reviewing your situation with a Delaware personal injury attorney. Small details often determine whether a claim can move forward.
What Should You Do After an Accident?
After an accident, the steps you take can affect your personal injury case.
A practical step-by-step plan includes:
Seek medical attention immediately
Document the accident scene and property damage
Collect witness information and police reports
Keep records of medical bills, lost wages, and expenses
Avoid discussing the accident claim with the insurance companies
Contact an experienced personal injury attorney before accepting a settlement
Collecting evidence early and avoiding statements that may be used against you are critical parts of protecting your injury claim.
How Long Do You Have to File a Personal Injury Case in Delaware?
In most Delaware cases, there is a two-year statute of limitations from the date of the injury.
Exceptions may apply in cases involving:
Claims against government entities
Certain delayed discovery situations
Waiting too long can prevent you from recovering compensation, regardless of how strong your case may be.
How Much Compensation Can I Recover?
Injured victims in Delaware may be able to recover compensation for:
Medical expenses
Lost wages and future lost income
Pain and suffering
Property damage
Long-term or permanent injuries
The value of a personal injury case depends on factors such as the severity of the injury, liability, and available insurance coverage.
More serious injury cases, such as traumatic brain injuries or spinal cord injuries, often involve higher damages due to long-term impact.
How the Personal Injury Claims Process Works
Most personal injury claims follow a structured process:
Investigation and case evaluation
Medical treatment and documentation
Demand letter submitted to the insurance company
Negotiation of a settlement
Filing a lawsuit if necessary
A demand letter outlining damages is typically sent once medical treatment stabilizes, initiating settlement negotiations.
Insurance companies may offer higher settlements when they know the attorney is prepared to take the case to trial.
Why Work With Schmittinger & Rodriguez?
Schmittinger & Rodriguez is a Delaware-based law firm with more than six decades of experience representing injured clients.
Clients choose our firm because we offer:
Personalized attention from experienced attorneys
Strong knowledge of Delaware law and local courts
A trial-ready approach when necessary
Extensive experience across personal injury, workers’ compensation, and civil litigation
We focus on helping clients understand their legal rights and take the next step with confidence.
Speak With a Delaware Personal Injury Attorney Today
If you were injured due to another person’s negligence, speaking with a Delaware personal injury attorney early can help protect your rights.
Contact Schmittinger & Rodriguez to request a free consultation, call (302) 674-0140, or visit one of our offices in Dover, Middletown, or Rehoboth Beach.
Personal Injury FAQs
The value of a personal injury case depends on many factors, including the severity of the injury, the extent of the damages, and the liability of the responsible party.
The length of a personal injury case can vary depending on a number of factors, including the complexity of the case, the cooperation of the parties involved, and the court's schedule.
Generally, the fee charged by a personal injury attorney is 40% of the settlement amount. In some cases, depending on the complexity and severity of the case, fees may be higher. Speak with an experienced attorney at Schmittinger & Rodriguez to learn more.
While many personal injury cases are settled out of court, it may be necessary to go to trial to resolve your case if a fair settlement cannot be reached.
It's generally recommended that you avoid speaking to an insurance company without first consulting with a personal injury lawyer. Insurance companies often try to settle for less than you deserve, and having a lawyer on your side can help protect your rights and maximize your recovery.
Delaware follows a comparative negligence system, which means that even if you were partially at fault for the accident, you may still be able to recover damages in proportion to the other party's fault.
Yes, in some cases you may be able to recover damages for emotional distress or mental anguish caused by the accident or injury.
Yes, you may be able to file a claim against a government entity if their negligence or misconduct caused your injury. However, the process for filing a claim against a government entity can be more complex and may have shorter time limits than other personal injury claims.