Delaware Car Accident Lawyer

NO FEE UNLESS WE WIN

$ millions

recovered For our clients

You Deserve Compensation For Someone Else’s Negligence

At Schmittinger & Rodriguez, our top priority is providing clients with strong, practical legal representation after a car accident. Serving Delaware since 1961, we are proud to offer personalized attention from experienced attorneys, reflecting our commitment to A Tradition of Legal Excellence.

Our Delaware car accident attorneys have extensive experience helping injured individuals pursue compensation for medical bills, lost wages, and other damages. We understand how difficult it can be to recover after a car accident; the injuries you have suffered, the expenses you have incurred, and the uncertainty about what comes next.

Whether you have experienced a rear-end collision, an intersection crash, or another type of motor vehicle accident, our Delaware car accident lawyers will guide you through the legal process step by step. We will evaluate your situation and help you determine the best course of action under Delaware law.

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Do I Need a Car Accident Lawyer in Delaware?

If you were injured due to another driver’s negligence, you may have the right to pursue a personal injury claim.

Under Delaware law:

- You generally have two years from the date of the accident to file a personal injury lawsuit
- Delaware follows a comparative negligence rule, meaning you may recover compensation even if you are partially at fault, as long as your responsibility is not greater than the other party’s
- Drivers must carry liability insurance and Personal Injury Protection (PIP) coverage

In 2020, Delaware experienced 29,150 traffic crashes resulting in 7,254 injuries and 117 fatalities, highlighting how often these cases arise.

Understanding your legal rights early can make a meaningful difference in your case.

Get Started Today

How a Delaware Car Accident Lawyer Can Help

Hiring a car accident lawyer can provide important advantages during the claims process. Our attorneys can:

- Investigate the accident and gather evidence
- Obtain police reports, medical records, and witness statements
- Handle communication with the insurance company
- Evaluate settlement offers
- Prepare your case for litigation if necessary

Insurance companies often respond differently when a case is handled by attorneys with courtroom experience.

our reviews

What Our Clients Say

    
 
 
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    Avelardo Dominguez 
 
 
 
  Correo
  
 
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    Julia M Pillsbury 
 
 
 
  Great firm with a good variety of attorney specialists.
  
 
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    Chris Chris 
 
 
 
  Very happy with my experience with Scmittinger & Rodriguez. Mr. Fletcher and Joy made the process feel effortless. They were very professional as well as friendly. Would definitely recommend them.
  
 
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    Kevin Smith 
 
 
 
  Dianna Stuart, from the law firm of Schmittinger and Rodriguez provided legal representation for me in November 2024.  She did not disappoint.   I was concerned about many things when I initially spoke with her.  I was anxious and very worried about my situation because my job was in jeopardy.  When I talked to her, I could see that she was very knowledgeable. While she didn’t tell me what I wanted to hear so that I would feel better about my situation, she did explain to me the good, the bad and the ugly of my case.  Nonetheless; the confidence in her demeanor let me know that she was going to fight for me.  It sustained me through my court date.  I knew that she was the one to represent me leading up to my case hearing.  She would stay in contact and answer any questions that I may have had.  On February 25, 2025, I left the court house elated of the outcome of my case.  I will highly recommend Dianna to all of my friends and family who may need a good attorney.  Thank you Dianna
  
 
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    Pam Tijerino 
 
 
 
  I want to thank my lawyer Mr. Schmittinger for all the hard he and his paralegal did to win case. I appreciate him for his excellence and performance as a great lawyer and gets the job done well. If you need help in your work comp situation he is the one to get it done. I'm deeply grateful for him. Thank you so much.
  
 
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    Busra Kangal 
 
 
 
  I had the pleasure of working with this law firm on two separate occasions, and I couldn’t be more impressed with their professionalism, dedication, and the outstanding service they provided. My first experience was after a car accident in 2019, and then again after another accident in 2020. Both times, the team went above and beyond to ensure I received the best possible representation and compensation. In particular, Mr. Junge, the attorney I worked with, was outstanding. From our initial consultation, he made me feel at ease by taking the time to thoroughly explain the legal process, answer all my questions, discuss the details regarding the accident. His expertise and attention to detail were evident every step of the way, and I always felt confident that my case was in capable hands. Additionally, Chantel Smith, the paralegal, was absolutely amazing. She was incredibly organized, efficient, and always had a positive attitude. She made sure that all the paperwork and documentation were in order and kept everything on track throughout both cases. Whenever I had a question or needed assistance, Chantel was quick to respond and offered clear, helpful guidance. Her professionalism and support were invaluable in navigating this process. Thanks to their hard work and expertise, both of my cases were handled smoothly and successfully, and I am incredibly grateful for their help. I would highly recommend this law firm to anyone in need of personal injury representation. Mr. Junge and Chantel are truly a dream team, and I’m so thankful for their dedication to achieving the best outcome for me.
  
 
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    Elizabeth Evans 
 
 
 
  Mrs. Stuart really went above and beyond to represent a family member of mine. Communication was excellent and fees were reasonable. Representation was professional and effective. Definitely recommend for services. Thank you!
  
 
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    Samantha Boesenberg 
 
 
 
  Extremely professional and always kept me up-to-date and informed. Highly recommend!
  
 
  
  
 
 
   Google rating score: 4.5 of 5, based on 115 reviews

get answers

Most Common Questions

Car Accident Claims We Handle

At Schmittinger & Rodriguez, our personal injury attorneys handle a wide variety of car accident cases, including:

1. Rear-end collisions
2. Head-on collisions
3. Side-impact (T-bone) accidents
4. Rollover accidents
5. Multi-vehicle collisions
6. Single-car accidents
7. Hit-and-run accidents
8. Pedestrian accidents
9. Bicycle accidents
10. Motorcycle accidents

Our Delaware personal injury lawyers are experienced in handling claims involving all types of motor vehicle accidents. Our goal is to help you pursue full compensation through a settlement or, when necessary, in court.

What You Should Do After a Car Accident in Delaware

If you have been involved in a car accident, it is important to take the following steps:

1. Seek medical attention: Even if your injuries do not seem severe, some conditions may not appear immediately and can worsen without treatment.
2. Contact law enforcement: A police report from Delaware State Police or local authorities helps document the accident and protect your legal rights.
3. Document everything: Keep records of medical bills, repair estimates, photos, and any communication with the insurance company.
4. Notify your insurance company and begin your PIP claim: Delaware law requires drivers to carry PIP coverage, which may cover medical bills and lost wages regardless of fault.
5. Contact an experienced car accident lawyer: An attorney can help you understand your rights, guide you through the claims process, and deal with the insurance company on your behalf.

Common Causes of Car Accidents

Car accidents can be caused by a variety of factors, including:

- Negligent driver
- Distracted driving (including texting)
- Speeding
- Drunk or impaired driving
- Failure to follow traffic laws
- Dangerous road or weather conditions
- Poor vehicle maintenance
- Aggressive driving behaviors

Identifying the cause of the accident is an important part of building a strong personal injury claim.

Common Injuries in a Car Accident

The most common injuries resulting from a car accident include:

- Head injuries, including traumatic brain injury and concussions
- Spinal cord injuries, including herniated discs
- Lacerations and soft tissue injuries
- Whiplash and neck injuries
- Broken bones
- Internal organ damage

If you have been injured, it is important to seek medical attention and follow through with treatment to support both your recovery and your case.

How Much Compensation Can I Recover?

The amount of compensation you may recover depends on the specific facts of your case. In many car accident cases, compensation may include:

- Medical bills and ongoing medical expenses
- Lost wages and reduced earning ability
- Pain and suffering
- Property damage
- Other related losses

An experienced car accident lawyer in Delaware can evaluate your claim and help ensure that all damages are properly considered.

Your Rights

Understanding Your Rights After a Car Accident

If you or a loved one has been injured in a car accident, it is important to understand your legal rights under Delaware law.

- Delaware requires drivers to carry at least $25,000 per person and $50,000 per accident in liability insurance
- PIP coverage provides a minimum of $15,000 per person for medical expenses and lost wages
- You must typically file a PIP claim through your own insurance first
- If the other driver was at fault, you may pursue compensation through their insurance company

Delaware also allows recovery in cases involving uninsured or underinsured drivers through your own policy, depending on your coverage.

Why Legal Representation Matters

While it is possible to handle a claim without a lawyer, studies show that individuals who work with an attorney often recover significantly more compensation.

At Schmittinger & Rodriguez, we understand how stressful a car accident can be. Our attorneys bring decades of experience handling car accident injury cases and provide direct, personalized guidance throughout the process.

Get a Free Initial Consultation

Speak With a Delaware Car Accident Lawyer

If you have been injured due to someone else’s negligence, do not wait to get answers. The steps you take now can affect your ability to recover compensation.

Schmittinger & Rodriguez offers free consultations to help you understand your options and next steps after a car accident.

Call (302) 674-0140 or request a free consultation online today.

We serve clients across Dover, Middletown, and Rehoboth Beach with a continued commitment to a tradition of legal excellence.