By: Tiffany M. Shrenk, Esq. In Lacy v. Bayhealth Medical Center, C.A. No. K20-10-005 NEP, the Delaware Superior Court ruled that a former serviceman pursuing a medical malpractice claim was barred from recovering the full amount of his medical bills, and instead, was limited to recovering only the amounts paid by his government health insurance…
On April 14, 2022, Senate Bill 209 requiring commercial carriers to carry $1 million in underinsured/uninsured (UIM/UM) limits unanimously passed the Delaware Senate. This Act provides additional coverage for passengers of public transportation, specifically buses, taxis, and limousines, matching the coverage that has already been required by law to protect passengers of “Transportation Network Companies”,…
Your defense medical exam has been scheduled – now what?
When a person claims a right to recover damages, the law imposes a duty upon the claimant to mitigate those damages. This means that someone who has suffered a loss or injury must take advantage of reasonable opportunities to decrease the amount of damages suffered. While this principle applies in a variety of civil cases,…
There is no question that seatbelt usage helps prevent against serious injury or death in an automobile collision. Accordingly, Delaware law requires vehicle occupants to wear a seat belt. Nonetheless, there are times when vehicle occupants are injured in collisions at times when they are unrestrained. It may be that the collision occurred when the…
Virtual medical appointments are available to bodily injury claimants to ensure continuation of treatment during the coronavirus outbreak
The recent Delaware Superior Court opinion in the case of DeSantis v. Gardiner, N18C-01-304 WCC discusses Delaware’s long standing recognition of the sanctity of jury deliberations. In the DeSantis case, after a three day jury trial, the jury returned a verdict awarding substantial damages to the Plaintiff. The action brought by the Plaintiff had sought…
Dram shop acts are laws that impose civil liability on a bar or bartender who over serves an intoxicated customer when that customer later injures someone, such as in a drunk driving accident. Unlike many states, Delaware does not have a dram shop act, and the Delaware courts have resisted requests to impose a common…
The Delaware Department of Transportation (“DelDOT”) is a State agency with the statutory responsibility of caring, managing, and controlling the public roadways and highways in Delaware. Within the past year, the issue of safety of Delaware’s Route 1 (SR 1) has been a focus in the local news after recent fatal cross-over and run-off accidents have occurred…
The first thing to understand about a mediation is that a mediation conference will only bring a resolution to your case if all the parties agree to the resolution. A mediator will not decide the case. The mediator’s job is to act as a go-between; he or she will spend time with you and your…
By Tiffany M. Shrenk, Esquire– Delaware Personal Injury Attorneys now have an additional tool in their arsenal in handling and negotiating clients’ injury claims thanks to the new insurance disclosure law signed by the Governor this month. The new disclosure law, codified at 21 Del. C. § 2907, applies to motor vehicle accident cases where a…
Currently awaiting consideration by the Banking, Business and Insurance Committee in the Delaware State Senate is Senate Bill 161. Introduced to the General Assembly on March 20, 2018, Senate Bill 161 would drastically change the way medical providers are compensated when treating patients who have been injured in motor vehicle accidents in Delaware. Under the…
