Delaware Personal Injury Roadmap

This page can serve as a roadmap for what to expect if you have been involved in a Delaware accident or injury case. This is a general timeline of what to expect in an injury case.

Initial Consultation

At the initial consultation we would meet via phone, zoom or in-person and discuss the following 1) who was at-fault; 2) what are the extent of your injuries; 3) who are the best medical providers for your injury; 4) how to maximize value for your case and 5) how do legal fees work. We will provide you with contingency fee agreement. My office works on contingency, meaning we do not get paid unless you get paid. My office will cover all litigation expenses up front such as filing fees, postage, and litigation costs.

Case Investigation

Once you sign a contingency fee agreement with our office, we will begin to work on your case. We may do the following:

1. Obtain accident or police reports;
2. Obtain photos of property damage, the scene and any injuries;
3. Send letters of representation to insurance companies;
4. Obtain insurance documents;
5. If necessary, send spoliation letters. Spoliation letters are letters to preserve evidence such as video.
6. If necessary, utilize private investigators.

Medical Treatment Phase

The goal during the medical treatment phase is to get the best medical treatment while at the same time documenting your injuries to get paid for you injuries. It is very important to obtain diagnostic testing and objective evidence of injury with tests such as MRI, Cat-Scan, x-ray or other diagnostic tests. Your attorney can be a good referral source for medical providers that have experience in accident cases. You may treat with the following types of medical providers during an accident case:

• Chiropractors
• Physical therapists
• Family Doctors
• Pain management Doctors
• Orthopedic surgeons
• Neurosurgeons
• Neurologists

Once you are completed or near completion of treatment it will be time to submit your claim for damages to the at-fault’s insurance company.

Demand Phase

In order to get paid for your injuries, my office will send a demand letter to the at-fault insurance companies insurance adjuster. A demand letter is just that, a demand for a specific amount of money to cover all of your damages including pain and suffering. Our demand letter tells the insurance company the following:

1. the facts of the case;
2. what the injuries are;
3. why their insured is at fault according to Delaware law;
4. how much the insurance company should pay for damages;
5. medical bills and records will be attached;
6. photographic evidence will be attached.

On bigger cases with more serious or catastrophic injuries, we may include opinions by doctors and videos detailing a day in the life of the injured client.

Negotiations

Once the demand letter is sent, the insurance company will evaluate the information provided and provide a response. Be prepared for a low dollar counter offer by the insurance company in some cases. If necessary, my office will go through 6 to 8 rounds of negotiation to try obtain what the case is worth. If negotiations and the insurance company doesn’t offer what your case is worth, we may have to file a lawsuit.

Settlement

If you are happy with the amount of money the insurance company is offering, you can opt to “settle” the case or take the money. In order to settle the case, you will have to sign a “release.” By signing the release, you promise to never sue the at-fault party in exchange for the collecting the settlement money. Once you sign a release and collect the money, the case is essentially over.

Lien Resolution

At the end of the case, you may have medical liens. Medical doctors, providers and health insurance will get paid back out of the settlement for any outstanding medical bills in excess of your Personal Injury Protection coverage. A good attorney will negotiate liens down with medical providers. The savings from the lien negotiations will be passed on to you the client. You will get another check. Once the liens are all negotiated the bodily injury case is over.

Underinsured Case

In auto accident cases, if you settled for the full policy limits of the at-fault driver and there wasn’t enough money to cover all of your injuries, you have right to go after your own underinsured motorist insurance coverage and get paid more money. My office frequently pursues underinsured motorist coverages when the policy limits of the at-fault driver weren’t enough to cover all of your medical bills or pain and suffering. Before you can go after your underinsured motorist policy, you must obtain an “affidavit of no further insurance” from the at-fault driver indicating he has no other policies on the vehicle.

Contact Us

Contact Jason R. Antoine at (302) 482-4802 if you have been involved in a personal injury accident case and are in need of a local Delaware attorney.