Common Lawsuit Misconceptions Debunked

By Emily L. Raisis, Esq.

At Kimmel Carter, we consult with dozens of people injured in motor vehicle collisions every week.  There are many misconceptions when it comes to personal injury cases in Delaware. Being well informed is important. Here are a few common misconceptions debunked: 

I have full coverage, so I am covered

Delaware law requires every driver to carry automobile insurance when operating a vehicle. However, when selecting a policy, you select coverage amounts. Getting a good rate doesn’t always mean you are well insured. Choose high personal injury protection, liability, and uninsured/underinsured motorist limits. While you can’t control other drivers or what insurance they carry, you can protect yourself. Ask one of our attorneys about your coverage to ensure you are properly insured.

My insurance company has my best interest in mind

Unfortunately, even though you pay a premium for coverage, your insurance company doesn’t always have your best interest in mind. Insurance companies are businesses. They often try to get away with paying as little as possible on a claim. The attorneys at Kimmel Carter can help ensure that your insurance company is paying for the benefits they are supposed to under the policy you’ve selected.

Personal injury claims = quick easy money

As many injured people can attest, recovery can be a slow process followed by good and bad days. Generally speaking, once you accept a settlement from the insurance company, you won’t receive any additional funds for recovery regardless of the progression of your injury. Therefore, it is important to wait to accept any settlement until you have a full understanding of your injury and the extent of your recovery. That being said, there is a timeline. If you are not in a position to accept a settlement within two years of the date of injury, you must file a lawsuit to preserve your right to bring a claim at a later date.

I’ll have to go to court if I get a lawyer

 Our job as your lawyer is to get the best outcome for your case. That doesn’t always mean going to court. Many cases are resolved through negotiations of our skilled attorneys, making going to court unnecessary. However, if the insurance company is undervaluing your case, or not offering a fair resolution, court may be necessary. If that’s the case, we are skilled trial attorneys and will advocate zealously for you. 

You don’t need a lawyer for a personal injury case

While it is certainly possible to represent yourself if you are injured, there are many advantages in seeking representation. Retaining a good lawyer can result in higher settlements and ensure your rights are protected. At Kimmel Carter, we will advocate for you, navigate the law, and ensure you are getting maximum compensation for your injuries. Contact us today at 302-565-6100 for a free consultation and to learn how we can add value to your case. 

Bio

A graduate of Catholic University and Widener School of Law, Emily L. Raisis, is a senior associate in the Newark office of Kimmel, Carter, Roman, Peltz & O’Neill, P.A.  

Emily has been with Kimmel Carter for more than a decade, starting out as a law clerk during her time at Widener law and becoming an attorney with the firm upon passing the Delaware Bar. Praised by the firm’s leadership for her superior research skills, legal writing and her strong rapport with clients, Emily is a zealous advocate for her clients.  She is barred in Delaware, Pennsylvania, New Jersey, and the U.S. District Court of Delaware. She is also a member of the American Association for Justice (AHA) and the Delaware Trial Lawyers Association (DTLA).  She was recognized by Delaware Today Top Lawyers 2023 and US News Best Lawyers One to Watch 2024.

Emily is a lifelong Delawarean and she is ready to do what it takes to get First State injury victims the compensation they deserve.  

Testimonials

“Emily Raisis is a terrific attorney and works with a fantastic team. She is knowledgeable and reassuring and I truly appreciate her assistance with my case. Thanks Emily!” ~ L.B.

“Emily, you and your staff were tremendous, always communicated updates even when sick. You were the perfect person for my case. You have great knowledge and communication skills. Thank you so much and I will recommend you always.” ~ S.S.