Category: Legal Advice
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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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WHAT TO EXPECT AT YOUR DEFENSE MEDICAL EXAM?
Your defense medical exam has been scheduled – now what?
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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 […]