Frequently Asked Questions

These are the questions injured people in Delaware ask us most often. The answers are general information, not legal advice for your situation. For that, request a free case review or call (302) 781-3077.

Fees and Costs

How much does it cost to hire The Sharma Law Firm?

Injury cases are handled on a contingency fee of 33.33% of the recovery. No attorney's fee unless we recover, and we advance case costs. If we don't win, you owe nothing.

You do not pay anything up front to hire us. Fee percentages vary from firm to firm, so ask any lawyer you are considering to state theirs in writing.

Who pays for case costs like medical records and filing fees?

The firm advances all case costs. That includes things like medical records, police reports, court filing fees and expert reports. If the case is won, those costs are reimbursed from the settlement or recovery. If the case is lost, the firm absorbs the costs and you owe nothing.

Is the case review really free?

Yes. The first conversation about your case is free, confidential and carries no obligation to hire us.

Getting Started

What happens during a case review?

We ask how the injury happened, what treatment you have had, whether you have missed work and what insurance is involved. We explain how Delaware law applies to what you have told us, answer your questions and tell you whether we think we can help. If you decide to hire us, we explain the fee agreement before you sign anything.

What should I bring to my appointment?

Bring what you have. Useful items include the police or incident report number, photos of the scene and your injuries, the other party’s insurance information, your own insurance card, medical bills or discharge papers, and any letters from an insurance company. If you don’t have these yet, come anyway. We can request most records for you.

Does contacting you make me your client?

No. Calling us, emailing us or submitting a form on this website does not create an attorney-client relationship. Please don't include confidential details until we've spoken and confirmed there is no conflict. You become a client only after you sign a written agreement with the firm.

Offices, Hours and Language

Where are your offices?

The firm has 8 offices in Delaware: Wilmington, North Wilmington, Bear, Middletown, Dover, Milford, Seaford and Lewes. Each office page lists the address, phone number and directions.

When are your offices open?

All 8 offices are open 24/7, and meetings are by appointment only. Call our 24/7 injury helpline at (302) 781-3077 to set up a time at the office closest to you.

Do you speak Spanish?

Yes. Hablamos español. All three of our paralegals, Santiago Araujo, Humberto Buitrago and Isaac Durango Figueroa, speak Spanish, so you can go over your case in the language you are most comfortable with.

What kinds of cases do you handle?

We represent people in car accident claims (including rideshare crashes), truck accidents, motorcycle accidents, pedestrian accidents, bicycle accidents, dog bites, wrongful death claims, workers’ compensation claims and sexual abuse claims.

Car Accidents and Insurance in Delaware

What should I do after a car accident in Delaware?

Get to a safe place and call 911 if anyone is hurt. Ask for the police to come to the scene so there is a report. Take photos of the vehicles, the road and your injuries, and get the names, phone numbers and insurance information of the other drivers and any witnesses.

See a doctor promptly, even if you feel fine. Some injuries take hours or days to show symptoms, and a gap in treatment is something insurers point to later. Report the crash to your own insurance company, but be careful about giving a recorded statement to the other driver’s insurer before you have talked with a lawyer. Our Delaware car accident lawyer page covers the claim process in more detail.

What is PIP insurance in Delaware?

Delaware requires drivers to carry personal injury protection, known as PIP, under 21 Del. C. § 2118. PIP pays for things like medical expenses and lost wages after a crash, up to the limits of the policy, regardless of who caused the accident. The minimum required coverage is $15,000 per person and $30,000 per accident, and many drivers carry more.

PIP claims have their own forms and timelines, so it helps to open the claim with your insurer soon after the crash.

If PIP pays my bills, can I still bring a claim against the other driver?

Often, yes. PIP covers certain losses no matter who was at fault, but it does not cover everything. When another driver caused the crash, you may be able to bring a claim against that driver for losses PIP does not pay, such as pain and suffering or expenses above your PIP limits. Delaware law generally does not let you recover the same amounts twice, so we look at what PIP has already paid when we value the claim.

What if I was partly at fault for the accident?

Delaware uses modified comparative negligence under 10 Del. C. § 8132. You can still recover damages as long as your share of the fault is not greater than the combined fault of the people you are making the claim against. Your recovery is reduced by your percentage of fault. For example, if you are found 20% at fault, your damages are reduced by 20%.

Insurance adjusters sometimes assign fault to the injured person to lower the value of a claim. How fault is divided is often disputed, so don’t accept an adjuster’s view of it without getting advice.

Should I talk to the other driver’s insurance company?

You can give basic information, like your name and contact details, but you are not required to give the other driver’s insurer a recorded statement. The adjuster works for the company, and anything you say can be used to argue that your injuries are minor or that you were at fault. Don’t sign medical authorizations or releases before you understand what they cover. Once you hire us, we handle communication with the insurance companies.

The insurance company offered me a settlement. Should I take it?

Talk to a lawyer before you accept. Early offers are sometimes made before the full extent of an injury is known. Once you accept a settlement and sign a release, you usually cannot reopen the claim, even if your injuries turn out to be worse than you thought.

Filing Deadlines

How long do I have to file a personal injury claim in Delaware?

Delaware's general deadline for personal injury claims is two years (10 Del. C. § 8119), but deadlines vary by claim and some notice requirements are much shorter. Talk to us before assuming you have time.

Claims involving government agencies, wrongful death and workplace injuries can follow different rules. The safest step is to talk with a lawyer as soon as you can after an injury.

Are the deadlines different for sexual abuse claims?

Yes. Delaware has separate rules for civil sexual abuse claims. Where the survivor was a minor and the conduct would be a Delaware criminal sexual offense, 10 Del. C. § 8145 allows a civil action to be filed at any time. Claims by survivors who were adults when the abuse happened generally face a two-year deadline, so they should be treated as urgent.

Our Delaware sexual abuse lawyer page explains these deadlines in more detail. Conversations with the firm are confidential, and you do not need to have made a police report to talk with us about a civil claim.

Work Injuries

What does Delaware workers’ compensation cover?

Workers’ compensation pays for medical treatment and part of your lost wages when you are hurt on the job or develop a work-related illness. In most cases it applies regardless of who was at fault. Disputed claims are decided by the Delaware Industrial Accident Board.

Report the injury to your employer as soon as possible and get medical care. Our Delaware workers’ comp lawyer page explains the benefits and the claim process.

Can I sue my employer after a work injury?

In most cases, workers’ compensation is the only remedy against your employer, so you cannot bring a separate injury lawsuit against them. You may have a separate claim against someone else who contributed to the injury, such as a negligent driver, a subcontractor on a construction site or the maker of defective equipment. We look for those claims when we review a work injury.

Is the fee the same in a workers’ compensation case?

Not necessarily. Workers’ compensation cases are handled on a contingency fee basis. We explain the fee that applies to your claim at your case review and put it in your written agreement.

Your Case

How long will my case take?

There is no standard timeline, and anyone who promises one is guessing. The length of a case depends on how long your medical treatment lasts, whether fault is disputed, how the insurance company responds and whether a lawsuit has to be filed. We usually wait until your treatment has progressed enough to understand the full cost of the injury before discussing settlement, and we keep you updated along the way.

Will my case go to trial?

Most injury claims are resolved without a trial. We prepare each case as though it may go to court, because insurers take a claim more seriously when they know the lawyer is ready to try it. Whether to accept a settlement offer or go to trial is always your decision.

How much is my case worth?

No one can tell you that honestly at the start. The value of a claim depends on the severity of the injuries, medical costs, lost income, the effect on your daily life, who was at fault and the insurance coverage available. We will give you our assessment as the facts develop and pursue the full value of your claim under Delaware law.

Aman Sharma has recovered millions of dollars for injured clients. Past results do not guarantee future outcomes.

Have a question that isn’t answered here? Call (302) 781-3077 or send us a message, and we will set up a free case review at the office nearest you.