Recognized as the “First Town in the First State”, Lewes is located in Sussex County at the junction between the Atlantic Ocean and Delaware Bay. While Lewes is a small town, its streets can get congested, especially along dangerous corridors such as Five Points.
And during the summer months, when tourists flock in from the northeast to enjoy nearby attractions like the beach or to hike in the neighboring Cape Henlopen State Park, traffic can seem to be at a standstill.
Unfortunately, all this traffic increases the potential for accidents. If you or your loved one suffered injuries in a car accident, you need a Lewes car accident lawyer.
At Brockstedt Mandalas Federico LLC, we are here to guide you. We have served the residents of Delaware for over 25 years. We won’t let powerful insurance companies take advantage of you. Our experienced legal team will fight for justice on your behalf.
Contact us now for a case evaluation.
What a Lewes Car Accident Lawyer Wants You to Know
If you’ve been in a crash and are searching for a car accident lawyer in Lewes, here is what our team thinks is most important to understand.
- You generally have two years from the date of the accident to file a car accident claim in Delaware, under Delaware Code section 8107.
- Delaware’s modified comparative negligence rule lets you recover compensation as long as you are not 51% or more at fault, though your award is reduced by your share of fault.
- Avoiding social media posts, first settlement offers, and skipped medical appointments can all help protect the value of your claim.
- Our team has served Delaware residents for over 25 years, and Lewes corridors like Five Points see increased accident risk, especially during the busy summer tourist season.
What Should I Do After a Lewes Car Accident?
The aftermath of a car accident is confusing and terrifying. We know you’re concerned about the present, but the steps you take now can impact your future recovery.
- Get to a safe area and call 911. If possible, move your car off to the side and contact emergency services as soon as you can.
- Seek medical attention. Even if you feel fine, it is imperative that you seek medical attention because some injuries are masked by adrenaline, and symptoms do not appear right away. Being seen by a medical professional also establishes a paper trail linking your injuries to the accident.
- Document the scene. If you are able, take photographs of the scene, including the vehicles, your injuries, skid marks, any nearby landmarks, and traffic signals.
- Ask for the other driver’s information. Exchange information with the other driver, including name, address, license number, and insurance information. Do not discuss fault.
- Identify any witnesses. Get the contact details of any bystanders who may have seen the accident. They can provide vital, unbiased testimony as to what happened during the crash.
- Order the police report. You should request the accident report made by this responding law enforcement agency at the scene, most likely the Lewes Police Department or the Delaware State Police.
- Lastly, you should make appointments and speak with a local car accident attorney.
You’re Not Just Another Case File
The aftermath of a car accident is confusing and terrifying, especially with insurance companies pushing for quick answers before you’ve had time to think. Our team of Lewes car accident lawyers has served Delaware residents for over 25 years, and we won’t let insurance companies take advantage of you while you focus on recovering.
Schedule A ConsultationWhat Shouldn’t I Do After a Car Accident?
There are some actions to avoid after a car accident. Insurance companies will do anything to shift the blame from themselves onto you. Delaware follows a modified comparative negligence system. If you were partially at fault for the accident, you may still be able to recover compensation. But the amount recoverable is reduced based on your portion of fault.
However, if your fault exceeds that of the person or entity you are suing, you won’t be able to recover anything. The more the insurance company can place the blame on you, the less it pays. If it can push 51% of the blame on you, you cannot recover for your injuries.
Therefore, it is imperative to protect your claim by avoiding the following.
Posting on Social Media
While it may be hard to stay off Facebook, Instagram, and your other social media sites, while your claim is ongoing, insurance company investigators will sift through your social media accounts looking for any evidence that refutes your injuries.
They will use photos and videos to show that your injuries were not severe and that your life was not significantly affected by the accident.
By staying off social media, you can help prevent insurance companies from twisting your story and help ensure your injuries are judged fairly.
Accepting the First Offer
Often, insurance companies try to settle a claim right away after an accident. But this isn’t out of compassion. Remember, their strategy is to lower their payout.
They know you’re hurting after an accident. They know you have to take time off work, and the bills are piling up. So they try to offer you a quick settlement.
You should never accept without speaking to a car accident lawyer. Often, this offer is too low to compensate you for your injuries. And once you accept an offer, you won’t be able to recover any further compensation.
You won’t know the full potential value of your claim until you reach maximum medical improvement (MMI), which is the stage doctors believe is your baseline, and at which you will not make any further meaningful recovery.
Speak to our team of car accident lawyers in Lewes, DE. We will analyze your injuries and how your life has changed once you meet MMI.
Failing to Attend a Medical Appointment
Following your doctor’s treatment plan and attending any rehabilitation sessions is essential. If you skip medical appointments without rescheduling, insurance companies can argue that your injuries were worsened by your refusal to follow your doctor’s advice. Or, they can argue that your injuries were not as bad since you don’t go to your appointments.
More importantly, following your doctor’s advice will help you recover and regain your strength. If you fail to follow through on treatment, you may prolong your recovery or develop chronic symptoms from your accident.
What Compensation Can I Recover for My Car Accident Claim?
Recoverable compensation depends on the specific circumstances of the crash. Possible compensation may include:
- Medical expenses,
- Rehabilitation costs,
- Lost wages,
- Reduced earning capacity,
- Pain and suffering,
- Emotional distress,
- Property damage, and
- Loss of enjoyment of life.
At BMF, we will investigate your case and explore all avenues of liability to ensure the losses we calculate fairly represent your injuries.
How Long Do I Have to File a Car Accident Claim in Delaware?
You have two years to file a car accident claim in Delaware. The clock starts ticking on the day of the accident. If you fail to file your claim by this deadline, you generally lose your right to recover.
That’s why it’s imperative to contact a Lewes car accident lawyer as soon as possible. We will act quickly to file your claim on time and preserve any evidence before it disappears.
Lewes Car Accident Lawyer: Common Questions
Straight answers to what our Lewes car accident attorneys get asked most after a crash.
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Get to a safe area, call 911, and seek medical attention right away, even if you feel fine, since some injuries are masked by adrenaline and symptoms may not appear immediately. Document the scene, exchange information with the other driver, identify witnesses, and request the police report before speaking with a Lewes car accident lawyer.
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Avoid posting about your accident on social media, since insurance investigators often look for photos or videos to argue your injuries were not serious. You should also avoid accepting a first settlement offer or skipping medical appointments, as both can be used to minimize your claim before a car accident lawyer in Lewes has a chance to evaluate the full picture.
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Delaware follows a modified comparative negligence system under Delaware Code section 8132, so you may still recover compensation if you were partially at fault, reduced by your percentage of responsibility. However, if your fault is found to be 51% or greater, you cannot recover anything, which is why a Lewes car accident attorney can help ensure fault is fairly assigned.
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You generally have two years from the date of the accident to file a car accident claim in Delaware, under Delaware Code section 8107. Missing this deadline typically means losing your right to recover, so it is important to contact a Lewes car accident lawyer as soon as possible.
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Lewes sits at the junction of the Atlantic Ocean and Delaware Bay, and corridors like Five Points can get congested even though the town is small. Traffic increases significantly during the summer as tourists travel to the beach and Cape Henlopen State Park, which raises the potential for car accidents throughout the area.
Contact Our Team of Car Accident Lawyers in Lewes, DE
With its strict liability laws and unforgiving deadlines, filing a Delaware car accident case claim can get complicated fast. You don’t have to do this alone.
At BMF, our attorneys will stand by your side and help you navigate this process. To us, you’re not just another case file. We will fight to protect your rights and hold negligent parties accountable for their actions.
Contact us today to discuss your legal options.
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