Author: Tiffany Shrenk
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Main Line Today Top Lawyer 2022
Congratulations to Tiffany M. Shrenk, Esq. for being recognized as a Top Lawyer in the field of Personal Injury by Main Line Today in 2022. Each year lawyers around the Main Line and western suburbs nominate their colleagues for recognition as a Main Line Today Top Lawyer. Tiffany has been recognized as a Main Line […]
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Lacy v. Bayhealth Medical Center: Delaware Superior Court Expands Stayton ruling to TRICARE Liens
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 […]
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SB 209: Commercial Carrier UIM/UM Bill Passes the Delaware Senate
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”, […]
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THE COLLATERAL SOURCE RULE AND HOW IT APPLIES TO YOUR PERSONAL INJURY CASE
-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 […]
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WHAT TO EXPECT AT YOUR DEFENSE MEDICAL EXAM?
Your defense medical exam has been scheduled – now what?
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WHAT IS THE MITIGATION OF DAMAGES PRINCIPLE AND HOW DOES IT APPLY TO YOUR CAR ACCIDENT CASE
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, […]
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Evidence of Seat Belt Usage in an MVA: Can a seat belt defense be used to limit your damages?
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 […]
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Damages Recoverable from a Dog Attack
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 […]
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The Coronavirus Effect on Delaware Courts
As a result of the COVID-19 public health emergency, Delaware court facilities are closed to the public , but still operating
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Treatment Options during the Coronavirus Outbreak
Virtual medical appointments are available to bodily injury claimants to ensure continuation of treatment during the coronavirus outbreak
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The Sanctity of Jury Deliberations in Delaware Upholds Plaintiff’s Verdict in Alleged Comparative Negligence Case
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 […]
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Understanding IKEA’s $46 Million Settlement
Earlier this month it was announced that the furniture retailer IKEA had agreed to pay $46 million to settle a wrongful death case arising from the death of a toddler when an IKEA dresser, described as a “MALM dresser” tipped over onto the young child. The lawsuit was filed in the Court of Common Pleas […]
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Dram Shop and Social Host Laws in Delaware and Pennsylvania: Is the bartender or host responsible for serving the intoxicated driver?
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 […]
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When Accidents Happen to Your Holiday House Guests…
The busy holiday travel season is upon us. It is likely that at some point this holiday season, you will welcome family and friends into your home to celebrate the holidays with you. As a personal injury attorney, I often represent travelers and guests who are injured as a result of defects or defective conditions […]
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Can DelDOT be Held Liable for Accidents Caused by Unsafe Road Conditions?
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 […]
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What is Mediation?: What to expect when your Delaware case has been scheduled for a mediation conference
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 […]
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Delaware’s New Insurance Disclosure Law
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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Is that Liability Waiver You Just Signed Really Enforceable?
If you have been enthralled by the exciting reality drama portrayed during the 30th Anniversary of Shark Week, perhaps you may decide to finally pull the trigger on that vacation to the Florida Keys or the Bahamas, not to just soak up the sun all day on the beach, but to experience your very own […]
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Legislative Update: Delaware’s Personal Injury Statute – Senate Bill 161’s Proposal for a PIP Payment Schedule
[column width=”1/1″ last=”true” title=”” title_type=”single” animation=”none” implicit=”true”] 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 […]
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Recovering for Car Accident Damages in Delaware
[column width=”1/1″ last=”true” title=”” title_type=”single” animation=”none” implicit=”true”] Payment of Medical Bills If you are injured in a car accident, the insurance of the car that you are traveling in at the time of the accident will pay your medical expenses. The coverage that provides for this benefit is called “Personal Injury Protection” (also called “PIP” […]