Interesting Laws To Be Aware Of When Filing A Personal Injury Lawsuit In Delaware

Lawsuits can be pretty tricky, and personal injury lawsuits are no exception. You will need to navigate a variety of rules, laws, and regulations in order to get the money that you deserve. However, not every law is quite as obvious as you might like. Some laws apply to extremely specific circumstances and act in a way that might seem counter-intuitive. To help you build a better case, here are some of the unique laws that you may encounter when filing a personal injury lawsuit in Delaware:

Dog Bites

If you were bitten by a dog, then there are some very specific laws that you will need to handle. In general, states treat dog bites in one of two ways.

  • The first is the one-bite rule, which basically means that a dog owner is not liable for the first instance of aggression by their dog. If the dog owner didn't know that their dog was aggressive, then they shouldn't be held responsible by the bitten party.

  • The second stance is that the owner is totally liable for all dog bites. Regardless of whether they knew that their dog was aggressive, they are responsible for the damage caused by their dog.

It is also important to note that neither of these apply to trespassing situations. If you were bitten by a dog while trespassing, then you generally cannot sue. You also cannot sue if you intentionally antagonized the dog.

Fortunately for you, the law is on your side in this case. If you were bitten, you may sue, even if it was the first instance of aggression by that dog. As long as you can prove that you were not trespassing and did not antagonize the dog, then you have a very good chance at receiving compensation for your medical bills at the very least.

Auto Insurance Laws

If you were in a car accident, then you will need to figure out whether you live in an at-fault or no-fault state.

  • At-fault states allow you to file an insurance claim or a lawsuit in order to get the money that you are owed. Additionally, you can even file an insurance claim with the other party's insurance.

  • In no-fault states, you cannot sue for an auto accident unless you were seriously injured, such as being paralyzed.

Delaware is an at-fault state, which means that you have a lot of options when it comes to getting compensation. You will need to decide whether an insurance claim or lawsuit is best for you, but you can also go for the insurance claim if your lawsuit fails. Contact lawyers, like those from Holth & Kollman LLC, for more information.