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QUICK LINKS:
Structured
Settlements |
Contingent Fee Practice |
Discount Union
Representation |
Representing
Children and Minors |
Attorney Referrals
| Wrongful
Death | Experts
to Assist in your Case |
Nursing Home
Neglect | Birth
Injuries | Slip and
Fall |
Comparative Negligence |
Truck Accidents |
Uninsured/Underinsured Accidents |
Case Value |
PIP Benefit
The Practice involves
representation of injured parties and
their families in the area of wrongful
death, automobile accidents, medical
malpractice, nursing home neglect and
abuse, birth injuries, slip and fall,
truck accidents, pedestrian and bicycle
accidents, motorcycle accidents and
drunk driving accidents.
When an individual or family member is
injured, the most important concerns
include returning the injured to his or
her pre-accident state of health; having
medical bills paid in a timely fashion
so as not to interfere or adversely
affect credit ratings; prosecuting all
available sources of recovery and
understanding and knowing one’s rights
in regard to insurance disputes.
From the time of initial consultation,
for which there is no charge, the law
firm strives to recover for the injured
individual all benefits for which
insurance is obligated and to fully
investigate all potential areas of
recovery.
It is ultimately the client’s decision
as to whether litigation is initiated or
whether settlements are attempted to be
negotiated on behalf of the client.
The Law Office of Michael D. Carr, P.A.
will help with all issues that arise in
matters of wrongful death, motorcycle
accidents, truck accidents, automobile
accidents, issues involved in medical
malpractice and nursing home abuse.
No call is unimportant and no client’s
concerns go unaddressed. Each of our
staff members is devoted to
compassionate, caring representation of
our clients.
STRUCTURED
SETTLEMENTS
A structured settlement involves
periodic payments over an extended
period of time which is custom designed
to meet the individual client’s
financial needs. The advantage to a
structured settlement involves the
opportunity to maximize the amount of
money the injured party will receive
tax-free from the insurance company
providing benefits. Structured
settlements must be carefully analyzed
to determine if they serve the client’s
best interest and whether the rate of
return makes a structured settlement a
sound basis for resolution of a claim.
Structured settlements often can provide
life long benefits for individuals who
have suffered severe personal injuries.
Case involving birth injuries,
individuals who are left paralyzed or
quadriplegic; individuals whose ability
to earn an income has been severely
diminished and individuals who suffer a
life altering injury at a young age are
all examples of parties who may benefit
from a structured settlement.
The Law Offices of Michael D. Carr,
P.A., is experienced in analyzing and
evaluating such structures and makes
recommendations where clients are
considering a structured settlement as
an alternative to a lump sum payment.
Ultimately, it is the client’s choice as
to what form of settlement is in the
client’s best interest.
In a recent case, a teenager suffering
from brain anoxia benefited by having a
$7,000,000 settlement structured in such
a fashion that the Plan will provide
$28,000,000 in tax-free benefits to the
client throughout his lifetime.
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CONTINGENT FEE
PRACTICE
The Law Offices of Michael D. Carr,
P.A., represents approximately 95% of
all clients on a contingent-fee basis.
There is no charge for the initial
consultation. Once retained, the law
firm funds litigation costs to develop
each client’s case to maximize recovery.
Mr. Carr’s contingent fee is 33 1/3% of
the overall recovery, and costs are
repaid to the firm only in the event of
recovery, regardless of the amount of
time or money invested by the law firm.
No client is required to pay for any
attorney services or costs invested in
their case until such time as a recovery
is realized through the efforts of the
firm.
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DISCOUNT UNION
REPRESENTATION
The Law Offices of Michael D. Carr,
P.A., is one of the few personal injury
law firms approved by the United Auto
Workers to serve the membership of that
union throughout the State of Delaware.
The application and evaluation by the
UAW is rigorous. Mr. Carr represents
union members of the UAW as a discounted
rate of 28% rather than the standard 33
1/3%. This means that any union member
utilizing the services of Michael D.
Carr, Esquire, saves 5 1/3% from the
standard contingency fee charged by most
attorneys.
Mr. Carr extends union discounts to
other union members throughout the State
of Delaware or when referred by union
leadership.
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REPRESENTING
CHILDREN AND MINORS
The Law Offices of Michael D. Carr P.A.
frequently represents minors (under the
age of 18) and children who have been
injured, A discounted contingent fee
often is provided in such representation
depending upon the facts and complexity
of the litigation.
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ATTORNEY
REFERRALS
The Law Offices of Michael D. Carr,
P.A., is happy to assist other attorneys
both within the State of Delaware from
attorneys practicing outside of the
State. Call us at (302) 227-7730 or
e-mail us with any questions you may
have regarding potential assistance with
a personal injury, wrongful death,
nursing home abuse or medical
malpractice case.
As a result of a change in the DLRPC,
attorney’s fees may be shared in a
manner that encourages referral to
attorneys who limit their practice to
specific injuries, such as personal
injury, wrongful death, nursing home
abuse and neglect cases and matters of
medical malpractice. We will be happy to
consider referrals on such a fee-sharing
basis as permitted under our Rules.
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WRONGFUL
DEATH
The loss of a loved one has
overwhelming, emotional, financial, and
legal consequences. Mr. Carr is
compassionate to both the emotional
losses that families suffer when one is
suddenly taken as a result of an
accident or someone’s negligence, and at
the same time, aggressive in pursuing
all remedies that are available under
the Delaware Wrongful Death statute. Mr.
Carr’s experience is utilized in a
expeditious fashion to see that losses
are compensated for as quickly as
possible to the fullest extent permitted
by the Delaware Wrongful Death statute.
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EXPERTS TO ASSIST
IN YOUR CASE
As your Delaware personal injury lawyer,
Mr. Carr works in conjunction with a
field of experts who utilized to fully
develop all aspects of your case.
Experts in the area of medicine,
including orthopedics, neurosurgery,
neuropsychology, gastroenterology, and
physical and rehabilitation medicine are
often called upon as expert witnesses.
Where economic losses are at issue, your
Delaware personal injury lawyer will
work in conjunction with forensic
economist and rehabilitation experts to
quantify the degree and scope of your
financial loss under Delaware law. Often
an injured litigant requires a thorough
evaluation with functional capacity
testing which is utilized in conjunction
with physical therapy experts who are
qualified to administer such testing.
Mr. Carr will frequently use
videographers to record a “day in the
life of” video which will preserve
different aspects of the rehabilitation
process and/or candidly show important
elements, including pain and suffering
and physical limitations which should be
preserved for consideration by a jury.
Often in cases involving severe injury
with life- altering issues, a life-care
expert is called in to present all
aspects of what future medical care will
require and the cost of that care.
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NURSING HOME
NEGLECT
One of the difficult issues that face
all of us is caring for a loved one
through the aging and/or dying process.
Often nursing homes provide the only
alternative for care which is required
by a loved one. Only through constant
visiting and vigilance can you best
protect a loved one in such an
environment. Bed sores, untreated
infections, unsanitary conditions and
neglect all too often result when we
place a loved one in the best of nursing
homes. When you make a difficult
decision to use a nursing home facility
you have the right to expect reasonable
care and vigilance for your loved one’s
health and safety. Your nursing home
attorney with this firm has experience
in prosecuting Delaware nursing homes
who have neglected or abused their
patients. Do not hesitate to call for a
free consultation in regard to such
concerns.
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BIRTH INJURIES
The Law Offices of Michael D. Carr,
P.A., provides competent legal counsel
to those who have experienced an injury
to an infant during the birth process.
Mr. Carr, as a Delaware birth injury
attorney, has experience in prosecuting
cases involving cerebral palsy, wrongful
death and medical errors which have
occurred during the birth of a child.
Parents who have endured the pain of
carrying for a child who has suffered
brain damage as a result of hypoxia
which could have been avoided had proper
medical procedures been followed, face a
life of loving concern for the brain
injured infant whose life-long needs
both economically and supportively can
seem insurmountable. Contact our
Wilmington or Rehoboth Beach, Delaware
offices to schedule a free initial
consultation.
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SLIP AND FALL
Slip and fall injuries require special
attention by a slip and fall attorney
under Delaware law. There have been many
decisions rendered by the Superior Court
and Supreme Court on such topics as:
grocery store slip and fall, fall as a
result of unsafe conditions at business
premises, accumulation of snow and ice,
and slip and fall on slippery surfaces.
It is important that you promptly
consult with a “Slip and Fall” Delaware
attorney promptly after your fall as
cases are developed in a winning fashion
only if consultation is immediate, and
attorneys assist with such basic
elemental steps as statements to
insurance companies. It is important to
develop and record the exact defective
condition or reason for the fall in
order to be successful in this type of
litigation.
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COMPARATIVE
NEGLIGENCE
Delaware permits individuals to recover
where a personal injury results from the
negligence of another. Under Delaware
law, all negligence that contributed to
the cause of an accident must represent
100%. An individual is permitted to
recover under Delaware law so long as
his or her comparative negligence does
not exceed 50% of the overall
negligence. It is important to
understand that just because a driver of
an automobile may have been cited by the
police as being a cause of the accident
such a traffic citation does not
automatically exclude recovery depending
on the facts of the case. Contact the
Law Offices of Michael D. Carr, P.A.,
for a free consultation in regard to
this matter.
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TRUCK ACCIDENTS
Many of us have experienced the
unsettling feeling of having a large
truck operate in an erratic fashion.
Some of us have experienced trucks
overtaking motorists at rates of speed
which exceed posted area speed limits.
Many of you have heard of national news
where a trucker has caused serious
personal injuries or even fatalities as
a result of the use of sleep aids and/or
elicit drugs.
The Law Offices of Michael D. Carr,
P.A., has prosecuted a number of
accidents involving serious personal
injuries and fatalities as a result of
the negligence of truck drivers and
trucking firms. Expertise in drivers’
logs, truck safety education courses,
evaluations of past driving records and
accidents reports, as well as federal
and state regulations, are required to
fully understand the potential areas of
recovery in these type of accidents.
Contact our Delaware truck accident
lawyer for a free consultation in the
event you or a loved one has suffered
serious personal injuries from an
automobile accident.
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UNINSURED/UNDERINSURED ACCIDENTS
When you are involved in an automobile
accident, you may face the possibility
of having been injured by a driver who
is uninsured at the time. An uninsured
driver is an individual who unlawfully
operates a motor vehicle on the roads of
the State of Delaware where the minimum
insurance policy of $15,000/$30,000 of
liability insurance has not been placed
on the vehicle. It will be your
insurance policy which will control
potential recovery. The provisions of
your underinsured coverage will govern
the amount of insurance available should
you be injured in an accident with an
underinsured driver. It is important to
use the service of a Delaware lawyer
familiar with uninsured motorist
coverage to be certain that you are
properly represented in your claim
against your own insurance company. You
should not assume that a claim submitted
to your insurance company will be
handled fairly or reasonably simply
because you have paid premiums for the
coverage. Your insurance company in such
a situation is an adversary and
competent representation is the only
avenue to assure full compensation.
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CASE VALUE
There are no set guidelines as to the
value of an injury whether it is
commonly referred to as “whiplash
injury”, a serious personal injury, an
amputation, quadriplegia or even death.
Each case is developed on an individual
basis to maximize recovery to the
injured client. It is only through a
full and complete evaluation and proper
work up of a claim that an experienced
trial lawyer can give you an opinion as
to case value. At the Law Offices of
Michael D. Carr, P.A., it is through
case preparation and evaluation with
supporting expert opinions that maximize
recovery to each client regardless to
the severity of injury. Please call your
Delaware injury lawyer, Michael D. Carr,
to discuss case value through
appropriate development of your claim.
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PIP BENEFIT
When one is injured in an automobile
accident in Delaware, your own insurance
company pays for medical bills,
prescription and wage loss up to the
amount of your insurance policy limit.
PIP is also controlled by a two-year
statute of limitations such that even if
you have not exhausted your benefits at
the end of two years, your insurance
company will no longer be obligated to
pay for medical bills or wage loss
whether they are related to the accident
or not.
Many insurance companies attempt to
terminate PIP benefits prematurely
thorough use of an ”independent” medical
examination. Rest assured there is
nothing “independent” about such an
examination. Your insurance company
hires an expert and requires a physical
examination of you in an effort to
terminate benefits even where treatment
and wage loss is directly connected to
the accident. Because Delaware operates
as a no-fault state, you have no
alternative other than your own
insurance company to collect medical
bills and wage loss until such time as
you recover against the person causing
injury to you. It is often the case that
a claim, even if promptly initiated
through a lawsuit, is not resolved in
New Castle County for more than two
years and in Kent and Sussex Counties
for more than a year. Having an
aggressive attorney represent you in
your claim to meet medical bills and
wage loss as those losses are incurred
can be crucially important to your
family’s economics as well as your
credit rating. Contact the Law Offices
of Michael D. Carr, P.A., for your free
consultation on PIP issues.
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