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Dover Slip and Fall Accident Lawyers

No Fee Unless We Win

KENT COUNTY’S OLDEST LAW FIRM
SERVING DOVER SINCE 1961

A Tradition of Legal Excellence

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Avelardo Dominguez
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Correo
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Julia M Pillsbury
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Great firm with a good variety of attorney specialists.
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Chris Chris
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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
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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
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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
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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
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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
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Extremely professional and always kept me up-to-date and informed. Highly recommend!

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$ millions

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Dover Slip and Fall Lawyers Who Fight for Injury Victims

A slip and fall accident can happen in an instant — but the serious injuries that result can take months or years to recover from, if recovery is fully possible at all. Broken bones, head trauma, spinal injuries, and torn ligaments are among the most common outcomes, and the medical bills, lost wages, and emotional distress that follow can place enormous strain on you and your family.

When someone else’s negligence caused your fall — a wet floor left unmarked, an icy walkway left untreated, a broken step left unrepaired — you have the right to seek compensation. At Schmittinger & Rodriguez, our Dover personal injury lawyers have extensive experience handling slip-and-fall claims and premises liability cases throughout Dover and Kent County, DE. Call (302) 674-0140 for a free consultation. There is no fee unless we win.

Where Slip and Fall Accidents Happen in Dover, Delaware

Fall accidents can occur on virtually any property where a hazardous condition exists, and a property owner has failed to address it. Our personal injury attorneys represent clients injured in a wide range of premises liability situations, including:

  • Retail stores and shopping centers — Wet floors, unmarked spills, and cluttered aisles
  • Grocery stores and restaurants — Freshly mopped floors without warning signs, grease, and food debris
  • Parking lots and sidewalks — Icy or snow-covered surfaces, uneven pavement, and potholes
  • Office buildings and public spaces — Broken steps, loose handrails, and inadequate lighting
  • Residential properties — Defective stairs, uneven walkways, and poorly maintained common areas
  • Government and municipal property — Hazardous conditions on public sidewalks, parks, and buildings
  • Nursing homes and care facilities — Falls resulting from inadequate supervision or neglect of elderly residents

Regardless of the circumstances, the central question in every slip-and-fall case is whether the property owner knew — or reasonably should have known — about the hazardous condition and failed to take action. Our team investigates that question thoroughly on behalf of every client.

Delaware’s Modified Comparative Negligence Rule

One of the most important things to understand about slip-and-fall claims in Delaware is how fault is evaluated. Delaware uses a modified comparative negligence system, which means that even if you were partially responsible for your fall, you may still be entitled to compensation — as long as your share of fault does not exceed 50%.

If you are found to be 30% at fault, for example, your compensation is reduced by that percentage. However, if the negligent party and their insurer can establish that you were more than 50% responsible, you lose the right to recover damages entirely. Insurance companies and defense attorneys actively work to push fault onto injury victims for exactly this reason.

Our Dover personal injury attorneys are experienced in countering these tactics. We build the evidence needed to establish the property owner’s liability clearly and protect our clients from unfair fault assignments that reduce or eliminate their recovery.

Compensation Available in Slip and Fall Cases

Delaware law allows slip-and-fall victims to recover the full value of their losses, and there are no caps on compensatory damages in Delaware civil claims. Depending on the circumstances of your personal injury case, you may be entitled to recover:

  • Medical expenses — Emergency care, surgery, imaging, physical therapy, and future medical costs
  • Lost wages — Income you were unable to earn during recovery and reduced earning capacity if your injuries are long-term
  • Pain and suffering — Physical pain, emotional distress, and the ongoing impact on your quality of life
  • Non-economic damages — Loss of enjoyment, loss of consortium, and other losses beyond financial harm
  • Other losses — Assistive devices, home modifications, and any additional costs caused by your injury
  • Wrongful death damages — For families who lost a loved one in a fatal fall accident, including funeral costs and loss of financial support

Our personal injury lawyers calculate both current and future damages before entering any settlement negotiations — ensuring that a fair settlement reflects the true cost of your injuries, not just the bills you have received so far.

How Our Dover Slip and Fall Attorneys Build Your Case

Securing favorable outcomes in premises liability cases requires prompt action and thorough preparation. Our team goes to work immediately on your behalf:

  1. Evidence preservation — We act quickly to document the scene, request surveillance footage, secure incident reports, and preserve records before evidence is lost or altered
  2. Liability investigation — We investigate the property owner’s knowledge of the hazard, prior complaints, maintenance records, and inspection history to establish negligence
  3. Medical documentation — We work with medical professionals to ensure your injuries are fully documented and linked directly to the incident
  4. Comparative fault analysis — We anticipate and counter attempts to shift blame onto you, protecting your right to maximum compensation
  5. Insurance negotiations — We handle all communications with the negligent party’s insurer on your behalf
  6. Litigation — If a fair settlement cannot be reached, our personal injury attorneys are fully prepared to take your case to court

Slip-and-fall litigation requires lawyers who are familiar with Delaware’s premises liability standards and local court procedures. Our combined experience in Dover’s courts gives our clients a meaningful advantage at every stage of the process.

Frequently Asked Questions

Are slip-and-fall cases hard to win?

They can be challenging, but they are far from impossible — particularly with experienced legal representation. The key difficulty is proving that the property owner knew about the hazardous condition and failed to act. Strong evidence, including surveillance footage, maintenance records, witness statements, and documentation of the scene, makes a significant difference. Victims who work with personal injury lawyers consistently achieve better outcomes than those who pursue claims on their own.

What is a reasonable settlement for a slip and fall case?

Settlement value depends on the severity of your injuries, the clarity of liability, the extent of your medical bills and lost wages, and the impact on your daily life. There is no universal figure — a fall that causes a minor sprain is worth far less than one that results in a traumatic brain injury or permanent disability. Our attorneys assess the full value of your claim — economic and non-economic alike — before recommending whether a settlement offer is fair or whether litigation is the better path.

What should I avoid saying to an injury lawyer or insurance adjuster?

Do not downplay your injuries, speculate about your own fault, or agree to give a recorded statement to the property owner's insurance company before speaking with a personal injury attorney. Adjusters use early statements to minimize claims. Even an offhand comment like "I should have been watching where I was going" can be used to establish comparative fault and reduce your compensation. Let our team handle those communications from the start.

How long do I have to file a slip-and-fall lawsuit in Delaware?

Delaware law gives injury victims two years from the date of the accident to file a personal injury lawsuit. For wrongful death claims arising from a fatal fall, the same two-year deadline generally applies. Missing this window typically bars any right to seek compensation. If you are unsure whether your situation qualifies or how the timeline applies to your specific circumstances, contact a Dover slip and fall lawyer as soon as possible.

Contact Our Dover Personal Injury Law Firm

If you or a loved one has been injured in a slip and fall accident in Dover, DE, do not wait to seek legal advice. Our personal injury attorneys offer free consultations, work on a contingency fee basis, and are committed to fighting for the compensation you deserve.

YOUR CASE. OUR PRIORITY.

📞 (302) 674-0140
📍 414 South State Street, Dover, DE 19901

No fee unless we win. Free consultations available.

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