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Middletown Personal Injury Lawyers

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$ millions

recovered For our clients

You Deserve Compensation For Someone Else's Negligence

Middletown is a beautiful part of the state located in New Castle County. Situated south of Wilmington, it was founded in 1861 and was originally known as “The Head of the Bohemia.” Middletown has a population of approximately 23,000 people and covers an area of about 13 square miles. It is one of the fastest-growing areas in Delaware and has seen significant population growth over the past decade.

With this kind of growth over the years, more and more residents of Middletown are becoming accident victims suffering injury from auto accidents, medical malpractice, pedestrian accidents, and other negligent acts. This requires medical treatment, legal resources, and the need to deal with insurance companies. Injury claims are emotional and traumatic and only a Middletown personal injury lawyer can help you seek compensation, deal with the insurance companies, and ultimately collect money for you in a personal injury settlement or through a jury verdict.

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What Is Personal Injury
Law In Delaware?

Personal injury law in Delaware covers a wide range of incidents that lead to injuries that are the result of the negligence, recklessness, or intentional actions of others. The concept of negligence is at the core of every personal injury case:

What is Negligence?

In Delaware, negligence is defined as a failure to exercise reasonable care that results in harm or injury to another person. To prove negligence, the person filing a case, known as the plaintiff, must establish four elements:

  1. Duty: The defendant owed a duty of care to the plaintiff. This means that the defendant had a legal obligation to act with reasonable care to avoid causing harm to others.

  2. Breach: The defendant breached their duty of care. This means that the defendant failed to act with reasonable care and, as a result, exposed the plaintiff to an unreasonable risk of harm.

  3. Causation: The defendant’s breach of duty caused the plaintiff’s injuries. This means that the plaintiff’s injuries would not have occurred if not for the defendant’s actions or inactions.

  4. Damages: The plaintiff suffered damages as a result of the defendant’s breach of duty. This means that the plaintiff experienced physical, emotional, or financial harm due to the defendant’s actions or inactions.

In Delaware, negligence can be based on either an act of commission (doing something that a reasonable person would not do) or an act of omission (failing to do something that a reasonable person would do).

Additionally, Delaware follows a comparative negligence system, which means that the plaintiff’s recovery may be reduced in proportion to their percentage of fault for the accident or incident that caused their injuries.

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Types Of Personal Injury
Cases We Handle

There are many types of injury cases where someone else’s negligent conduct leads to injury. The facts and circumstances of how a person may be injured are enormous but here are the main categories of claims seen most often by our Middletown personal injury attorneys:

Car Accidents

Motor vehicle accidents are a daily occurrence and involve serious injuries sustained by drivers, passengers, pedestrians, or bicyclists due to negligent driving, reckless driving, distracted driving, or drunk driving.

Medical Malpractice

This type of case occurs when a doctor or other healthcare professional fails to provide adequate care, resulting in injury or death to the patient. These cases can be complex and range from medical errors to prescription errors.

Dog Bites / Animal Bites

In these cases, a person is bitten or attacked by someone else's dog, resulting in injuries that may require medical attention.

Workplace Accidents

These cases involve injuries sustained while on the job, such as construction site accidents, industrial accidents, or injuries caused by defective equipment.

Product Liability

These cases involve injuries caused by defective products. The products may have, for example, manufacturing defects, inadequate instructions, or false marketing. The products could be a consumer good or a defective medical device, or even pharmaceuticals.

Slip & Fall Accidents

These cases occur when a person slips, trips, or falls due to hazardous conditions on someone else's private property or the property of a business. The common conditions that lead to slips and falls can include wet floors, uneven sidewalks, inadequate lighting, ice, or poor maintenance.

Once again, this list is not exhaustive, and a free consultation with a lawyer at Schmittinger & Rodriguez will reveal the legal issues your case may involve. Our law firm will work closely with you to gather evidence, deal with the insurance carrier, contact witnesses, and ultimately guide you through the legal process from beginning to end.

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Contact Schmittinger & Rodriguez

At Schmittinger & Rodriguez, our personal injury attorneys understand the physical, emotional, and financial toll that all manner of serious injury can have on individuals and their families, especially when it results from someone else’s negligence. You have legal rights and depending on the facts and circumstances you should be able to recover fair compensation for the personal injuries sustained. You should not have to deal with aggressive insurance adjusters or lawyers; shoulder the burden of medical bills; or endure years of pain and suffering without an injury attorney on your side.

Not all personal injury claims require extensive and time-consuming effort to resolve. An experienced lawyer may be able to handle the claim and arrive at a settlement with the responsible party and their insurance provider. Other cases, however, do require filing a personal injury lawsuit and that’s where a personal injury attorney is necessary to recover for you the maximum compensation you are entitled to under the law.

The personal injury attorneys at Schmittinger & Rodriguez are dedicated to helping our clients seek justice. With years of experience representing clients in a variety of injury cases, our firm has the knowledge, resources, and skills necessary to effectively advocate for our clients. Whether you have been injured in a car accident, slip and fall, or any other type of accident, we are here to help you navigate the legal process and fight for your rights.

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Most Common Questions

Common Personal Injuries
Timeframe To File
Compensation You Can Collect

What Are The Kinds of Personal Injuries Seen in A Lawsuit?

Injuries arising out of the negligence of others can obviously be quite varied from minor to severe, catastrophic injuries and even death. There are any number of ways to be hurt, but some of the most common types of personal injuries include:

  • Traumatic brain injuries

  • Spinal cord injuries

  • Broken bones and fractures

  • Whiplash and other neck injuries

  • Burn injuries

  • Amputations and loss of limbs

  • Soft tissue injuries

  • Internal injuries and organ damage

  • Scarring and disfigurement

  • Wrongful death

In addition to physical injuries, personal injury lawsuits may also involve claims for emotional distress, mental anguish, and other non-physical harm caused by the accident or injury. It’s important to work with a personal injury lawyer who has experience handling a wide range of injury cases and can provide personalized guidance and support throughout the legal process.

Injuries may result from an automobile accident or even be work injuries. Depending on the facts of your case, you may have an injury claim or one in related practice areas. In any case, our personal injury lawyers also handle workers’ compensation cases. No matter how you were injured or the extent of those injuries, call for a free consultation and find out what rights you have under Delaware law.

How Long Do I Have To File A Personal Injury Lawsuit?

In Delaware, you have a limited amount of time to file a personal injury lawsuit. This is called the statute of limitations. The statute of limitations for injury claims is generally two years from the date of the injury. However, there are exceptions to this rule, such as for cases involving medical malpractice or government entities, which have shorter deadlines.

If you have been injured, it is essential, once you have received medical attention, to contact a personal injury attorney. This is the only way to ensure your rights are protected. Delay may result in you losing the ability to receive the compensation you deserve.

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How Much Money Can I Collect If I Have Been Injured?

Unfortunately, there is no straightforward answer to this question as the amount of compensation a client may be entitled to will depend on various factors unique to their case.

One of the most important factors is the severity of the injury and the extent of the damages suffered. For example, a client who has suffered a catastrophic injury such as a traumatic brain injury or spinal cord injury may be entitled to significantly more compensation than a client who has suffered minor injuries such as cuts and bruises.

Another factor that will impact the amount of compensation a client may be entitled to is the liability of the responsible party. If the other party is clearly at fault for the accident or injury, the client may be able to recover a higher amount of compensation than if there is some question as to who is at fault.

Here are the factors that can impact the amount of compensation an injured person may be entitled to:

  • The severity of injury: Catastrophic injuries such as traumatic brain injuries or spinal cord injuries may result in significantly higher compensation than minor injuries such as cuts and bruises.

  • Liability: If the other party is clearly at fault for the accident or injury, the client may be able to recover a higher amount of compensation than if there is some question as to who is at fault.

  • Types of damages: Clients may be entitled to recover compensation for various damages such as medical expenses, lost wages, pain and suffering, property damage, and punitive damages.

  • Future expenses: Clients may also be able to recover compensation for future medical expenses and lost wages if they require ongoing medical care or are unable to work in the same capacity as before the injury.

In general, there are several types of damages that a client may be entitled to recover in an injury case. These may include:

  • medical expenses

  • lost wages

  • pain and suffering

  • property damage

  • non-economic damages

  • punitive damages

The amount of compensation a client may be able to recover for each of these damages will depend on the specific circumstances of their case. Our Middletown, DE lawyers are all too aware of the types and severity of injuries and how they can impact a person and their family. In the end, it’s the job and the goal of experienced personal injury lawyers to recover the maximum compensation allowed under the law.

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If You have Been Injured Due To Another's Negligence...

If you’ve been injured due to another’s negligence, it’s important to take certain steps to protect your legal rights and maximize your chances of recovering compensation. Here are some important steps to consider:

  • Seek medical attention: Your health and well-being should be your top priority after an injury. Seek medical attention as soon as possible, even if you don't think your injuries are severe. Some injuries, such as concussions, may not be immediately apparent but can have serious long-term effects if left untreated.
  • Document the accident: Take photos of the scene of the accident, the damages, and any visible injuries. Get the contact information of any witnesses who may have seen what happened. If there is a police or ambulance report you will want a copy of that as well as any assigned case number.
  • Contact an experienced personal injury lawyer: An attorney is the most qualified to help you navigate the legal system and fight for your rights. They can also help you gather evidence to support your case and negotiate with insurance companies on your behalf.
  • Don't discuss the accident with anyone: While you may feel the need to discuss what happened, avoid discussing the accident with anyone except for your lawyer, doctors, and other healthcare providers. Insurance companies may try to use statements against you.
  • Keep a record of expenses: Keep track of all expenses related to the accident, including medical bills and medical expenses; proof of lost wages; and proof of property damage. This will help you and your lawyer calculate the damages you may be entitled to recover.

The final piece of advice is to BE PATIENT. Personal injury cases can take time to resolve. It’s important to let your lawyer handle the legal proceedings while you focus on your recovery.

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What Will A Personal Injury Attorney Do For Me?

If you are a resident of Middletown, DE, or for that matter anywhere in the state, and you have been injured due to someone else’s negligence or intentional act, you may wonder whether you need to hire a personal injury lawyer. Here are some of the ways that injury lawyers can assist you:

  • Investigate your case: We can investigate your case and gather evidence to determine who is responsible for your injuries. This may involve interviewing witnesses, reviewing police reports and medical records, and consulting with experts in various fields.
  • Assess your damages: We can help you calculate the damages you have suffered as a result of your injury, including medical expenses, lost wages, pain and suffering, and future medical needs.
  • Negotiate with insurance companies: Insurance companies are notorious for trying to pay out as little as possible on personal injury claims. Your lawyers can negotiate with the insurance company on your behalf to ensure that you receive fair compensation for your injuries.
  • Represent you in court: If your case goes to court, we can represent you and argue your case before a judge and jury. They will present evidence and testimony to support your claim and fight for your rights as a victim.
  • Provide legal advice and guidance: We can provide you with legal advice and guidance throughout the entire process, from filing your claim to negotiating a settlement or going to court. They can answer your questions and help you make informed decisions about your case.

The bottom line is a serious injury claim is a serious matter. You need time to recover. What you don’t need is emotional energy spent on medical bills and the legal issues that need to be resolved. This is the job of our personal injury lawyers, here in Middletown, New Castle County, and throughout the state of Delaware.

Why Schmittinger & Rodriguez
Is Right For You

At Schmittinger & Rodriguez, we understand how difficult and stressful it can be to deal with a serious injury. It’s traumatic, emotionally, and financially draining with mounting medical bills, time away from work, and time spent recovering.

Our team has decades of combined experience handling personal injury law, and we know how to effectively deal with insurance companies to ensure that our clients get the compensation they deserve. We also have a deep understanding of Delaware law and will provide dedicated legal representation throughout your case. Our experienced personal injury attorneys are committed to providing you with personalized attention and will fight hard to get you the best possible outcome for your case. If you or someone you love has been injured, contact Schmittinger & Rodriguez today for a free consultation so that we can help you obtain justice and fair compensation for your losses. YOUR CASE. OUR PRIORITY.

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Personal Injury FAQs

Should I speak to an insurance company after my injury?

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.

Can I still file a personal injury claim if I was partially at fault for the accident?

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.

Attorney Advertising Materials: Schmittinger and Rodriguez is responsible for the content of this website. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. Each case is unique. Past results do not guarantee future outcomes.

Website Accessibility: Schmittinger and Rodriguez is committed to ensuring digital accessibility for people with disabilities We are continually working to improve the accessibility of all content on our website and applying the relevant accessibility standards.

Dover

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

Middletown

651 N Broad Street, Suite 203
Middletown, DE 19709
(302) 378-1697

Rehoboth Beach

18489 Coastal Highway, 2nd Floor
Rehoboth Beach, DE 19971
(302) 227-1400

Attorney Advertising Materials: Schmittinger and Rodriguez is responsible for the content of this website. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. Each case is unique. Past results do not guarantee future outcomes.

Website Accessibility: Schmittinger and Rodriguez is committed to ensuring digital accessibility for people with disabilities We are continually working to improve the accessibility of all content on our website and applying the relevant accessibility standards.

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