It is equally important in other types of injury cases that legal counsel be contacted as soon as possible.  A delay in doing so may result in the loss or destruction of crucial evidence, loss of contact with eyewitnesses and prejudicial statements being made to an adverse party or insurance adjuster.

          In any bodily injury claim there are two primary issues:  Liability and damages.  Liability addresses what, if any, fault underlies the incident in which someone has been injured.  If fault cannot be proven against the other party in the case, the second issue of damages is never reached.  In Delaware, injured persons are eligible to be compensated for their injuries, so long as their own negligence does not exceed 50% (comparative negligence).  Damages are the part of the case in which the amount of money, which constitutes full and fair compensation for your injuries is determined.  In non-automobile cases, all of the medical expenses and lost wages are usually included in the calculation of the total damages, even if they have been paid by insurance, based on an almost universally accepted rule of evidence called the collateral source rule, which acts so as not to reward negligent persons for the fortuitous circumstance that the injured person has had the good sense to be insured.

          The majority of claims are resolved through settlement with the adverse insurance company.  However, when claims are significantly undervalued by the insurance company, it is necessary to place the matter in suit by filing a Complaint in Delaware Superior Court.  Cases with an estimated value of $100,000.00 or less go to mandatory, non-binding arbitration, where either party may appeal and proceed to a jury trial.  Cases valued in excess of $100,000.00 proceed directly into full-blown litigation upon filing of the Complaint.  In either case, although an amicable resolution is still possible, the case proceeds through litigation towards a jury trial in the event it cannot be settled.

          Medical malpractice cases are a unique species of claim, which involve complex issues of proof of negligence and generally, unwillingness on the part of the defendant doctor(s) and their insurance company to settle a claim.  For more information on medical malpractice claims, visit the web site of Stephen R. Fine, Esquire, Of Counsel to this firm @ http://www.stephenrfine.com.