Delaware Catastrophic Injury Lawyer: Brain, Spinal Cord, Amputation and Burn Injuries

Some injuries change the rest of a person's life. A traumatic brain injury that affects memory and work, a spinal cord injury that causes paralysis, the loss of a limb, or burns that require years of surgeries all carry costs that do not end when the hospital bills stop. A claim for a catastrophic injury has to account for that future, and the insurance available is often far smaller than the harm.

This page explains how catastrophic injury claims work in Delaware, where the money to pay them usually comes from, and what families should do early. It is general information, not legal advice about a specific case.

The Sharma Law Firm represents people with serious injuries from car, truck and motorcycle crashes, work accidents and other negligence in Delaware. Aman Sharma, Esq. is a Delaware attorney, Delaware Bar ID No. 5706, and a military veteran. We meet clients and families by appointment at 8 Delaware offices and can arrange to talk by phone when travel is hard. Our 24/7 helpline is (302) 781-3077.

Injuries we treat as catastrophic

• Traumatic brain injury (TBI). From concussions with lasting symptoms to severe brain injuries requiring long-term care. Brain injuries are often underestimated in the first weeks because symptoms such as memory problems, headaches and personality changes appear gradually.
• Spinal cord injury. Partial or complete paralysis, loss of sensation, and injuries that require surgery, rehabilitation and home modifications.
• Amputation and limb loss. Traumatic amputation at the scene or surgical amputation after a crush injury, with the lifetime cost of prosthetics and replacements.
• Severe burns. Burns from vehicle fires, electrical contact or workplace explosions, often requiring grafts, repeated surgery and scar care.
• Multiple fractures and internal injuries that leave permanent limits on work and daily life.

Our catastrophic injury work comes out of crashes, work accidents and other negligence on the road or on the job.

What a catastrophic injury claim has to cover

A settlement or verdict in a catastrophic case is supposed to account for losses over a lifetime, not just the bills to date. Depending on the facts, a claim may include:

• Past and future medical care, including surgery, rehabilitation, therapy and medication
• Home care, attendant care or residential care
• Home and vehicle modifications, wheelchairs, prosthetics and other equipment
• Lost wages and the loss of future earning capacity
• Pain, suffering and the loss of enjoyment of life
• Claims by a spouse for the effect of the injury on the marriage

Proving future losses usually takes more than medical records. Treating physicians, rehabilitation professionals, life care planners and economists may be needed to project what care will cost and what income was lost. Settling before the long-term prognosis is known can leave an injured person paying for care the settlement never counted.

Where the money comes from

The size of the injury does not set the size of the recovery. Insurance does, in most cases, which is why identifying every source of coverage early is one of the most important parts of the work.

Personal injury protection (PIP)

For crashes, Delaware requires PIP under 21 Del. C. § 2118, with minimum limits of $15,000 for one person and $30,000 for all persons injured in one accident. PIP helps with early medical bills and lost earnings, but in a catastrophic case those limits can be used up in days.

The at-fault party's liability coverage

The claim against the person or business that caused the injury is the main source of compensation. Commercial vehicles, trucking companies and businesses often carry higher limits than individual drivers. See our Delaware truck accident lawyer page.

Underinsured motorist coverage (UIM)

When the at-fault driver's limits are lower than the harm, your own underinsured motorist coverage may add to the recovery. Under 18 Del. C. § 3902(b)(2), an underinsured vehicle is one with bodily injury liability limits below the damages the insured sustained. Policies held by household members can also matter.

Workers' compensation and third-party claims

If the injury happened at work, Delaware workers' compensation provides medical care and wage benefits, and a separate claim against a third party, such as another driver or an equipment manufacturer, may also be possible. See our Delaware workers' compensation and construction accident pages.

Fault and deadlines under Delaware law

Delaware uses modified comparative negligence under 10 Del. C. § 8132. An injured person can recover if their fault is not greater than the combined fault of the defendants, and damages are reduced by their percentage of fault. In a catastrophic case, even a small percentage can mean a large reduction, so the defense will often try to shift blame.

Delaware's general deadline for personal injury claims is two years from the date of the injury under 10 Del. C. § 8119. If an injury is fatal, a wrongful death claim generally has two years from when the cause of action accrued under 10 Del. C. § 8107. Deadlines vary by claim, and some notice requirements are much shorter. Talk to us before assuming you have time. Our Delaware wrongful death lawyer page covers claims by families.

Where serious injuries are treated in Delaware

ChristianaCare's Christiana Hospital is designated as Delaware's only Level I trauma center for adults and children, so many people with the most serious crash injuries in the state are treated there. Records from the trauma admission, surgeries and inpatient rehabilitation are the foundation of a catastrophic injury claim. Keep every discharge summary and bill, and a list of every provider.

What families should do early

1. Focus on care. The medical record documents the injury better than anything else.
2. Keep a journal. Changes in memory, mood, sleep and ability are important evidence, especially in brain injury cases.
3. Do not sign releases or accept early offers. A quick check before the prognosis is known rarely reflects future costs.
4. Preserve evidence. Vehicles, equipment, photos, and the names of witnesses. Ask a lawyer to send preservation letters for video and electronic data.
5. Collect insurance information for every vehicle and household policy that might apply.
6. Talk to a Delaware lawyer before giving recorded statements about the injury.

How we handle catastrophic injury cases

We start by identifying every possible source of recovery and preserving the evidence that proves fault. We work with the injured person's doctors and, where the case calls for it, outside professionals who can project the cost of future care and lost earning capacity. We keep families informed and meet on their schedule, by appointment, at the office that is easiest for them. When an insurer's offer does not reflect the lifetime cost of the injury, we are prepared to file suit in Delaware Superior Court.

Fees and case costs

No attorney's fee unless we recover. We advance all case costs, and if we don't win, you owe nothing. Our contingency fee is 33.33% of the recovery. Fee percentages vary from firm to firm, so ask any lawyer you're considering to state theirs in writing. Workers' compensation cases are handled on a contingency fee basis.

Frequently asked questions about Delaware catastrophic injury claims

What counts as a catastrophic injury?

There is no single legal definition. The term usually describes injuries with permanent effects on work and daily life, such as traumatic brain injury, spinal cord injury, amputation and severe burns.

How is a catastrophic injury claim valued?

It depends on the medical evidence, the cost of future care, lost earning capacity, the effect on daily life, fault, and the insurance available. No lawyer can responsibly give a number before reviewing those facts.

Should we wait until treatment ends before filing a claim?

Filing and settling are different. It is often important to start the claim early to preserve evidence and meet deadlines, while waiting to settle until the long-term prognosis is clear.

What if the at-fault driver only has minimum insurance?

Your own underinsured motorist coverage, household policies, and claims against other responsible parties, such as an employer of the driver, may add to the recovery.

Can a family member contact the firm for an injured person?

Yes. A spouse, parent or other family member can call to start the conversation, and we can arrange how to speak with the injured person when they are able.

How long does a catastrophic injury case take?

Often longer than a typical injury claim, because the full extent of the injury takes time to understand. We will explain the expected steps after reviewing the case.

Do you handle brain injuries from falls or medical treatment?

We handle brain injuries caused by crashes, work accidents and other negligence.

Free catastrophic injury case review

Call (302) 781-3077 any time, or use the case review form on this page. Hablamos español. Submitting the form does not create an attorney-client relationship.