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…

-Tiffany M. Shrenk, Esq.                 The amount of medical expenses is one element of damages a plaintiff in a personal injury case can seek to recover.  The collateral source rule allows a plaintiff to recover for her reasonable medical expenses even though all or a portion of the medical bill was paid by an independent…

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,…

Strict Liability of Dog Owners Delaware’s Dog Bite Statute is beneficial in that it did away with the “one bite free” rule of the common law. With the statute, a dog owner in Delaware faces strict liability for an unprovoked dog bite or attack. The dog owner will be responsible for compensating a person for…

Virtual medical appointments are available to bodily injury claimants to ensure continuation of treatment during the coronavirus outbreak

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…

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