The Wilmington personal injury attorney, Frederick Freibott, has helped injury victims and families in Delaware deal with the painful consequences of a personal injury accident or wrongful death claims involving motor vehicle accidents, slip and falls, nursing home abuse and neglect, uninsured motorist claims, dog bites, workplace injuries, and personal injuries.
Examples of some successful cases include, but are not limited to:
(1) FREDRICK S. FREIBOTT secured a very large settlement on behalf of his clients when he successfully argued in the Superior Court of Delaware that the parents of the son who killed his client’s husband were also liable based upon a new, and modern, interpretation regarding the law of negligent entrustment. The parents loaned money to their son so he could buy a car even though they knew their son accumulated so many points on his driver’s license that he had to be excluded from his parents’ car insurance. The parents also knew that their son had been charged in the past with possession of Ketamine, an animal tranquilizer, and had his driver’s license revoked for two years. Moreover, the parents were very sure that their son continued to drink alcohol prior to the motor vehicle collision that killed the client’s husband. Mr. Freibott was also able to show that the son had been involved in an automobile collision several months prior to the one that caused death to his client’s husband wherein the son fled the scene of the collision and appeared dazed and confused when confronted by the Wilmington Police Department.
This case represents one of the first times that a Court, not only in Delaware, but in the United States, held that the loaning of money by parents to an adult child to purchase a vehicle, with the knowledge that their son was a poor driver and had a history of substance abuse, could be found liable under a negligent entrustment theory.
(2) FREDERICK S. FREIBOTT successfully argued in The Superior Court of Delaware and The Supreme Court of Delaware that an insurance company's biomechanical expert should not be allowed to testify against his client as the named expert's opinion was based upon speculation because, as the Courts held, the expert "apparently consistent with others in his 'field' made no attempt to take into account the specific personal history of the injured person." The Delaware Supreme Court held that the expert "had neither the competency nor the oppurtunity to consider these idiosyncratic circumstances." Eskin v. Carden, 842 A.2d 1222 (Del.Supr.,2004).
(3) FREDERICK S. FREIBOTT was successful in obtaining a wage benefit for a client by convincing the Industrial Accident Board to calculate an injured worker's overtime hours into his wage benefit which provided more money to support his family while recovering from his injury.
(4) FREDERICK S. FREIBOTT successfully argued in front of the Industrial Accident Board; the Superior Court; and The Supreme Court of Delaware that an injured worker's treating psychologist was competent to testify as to why the injured worker was unable to work from a psychological standpoint.
(5) FREDERICK S. FREIBOTT successfully argued that a worker who was seriously injured when she fell at a company sponsored awards dinner was in the scope of her employment enabling her to collect worker's compensation benefits.
(6) FREDERICK S. FREIBOTT successfully obtained a ruling from The Supreme Court of Delaware forcing an insurance company to pay COBRA Health Benefits from the injured client's automobile insurance policy as the COBRA benefit was defined as a "lost earning" as defined by Delaware Law.
Contact our Delaware personal injury lawyer today to schedule your free initial consultation.
The Freibott Law Firm, PA, is proud to serve clients in Wilmington, Newark, Bear, Dover, Bethany, New Castle, Hockessin, Pike Creek, North Wilmington, Glasgow, Smyrna, Middletown, Clayton, Rehoboth Beach, Lewes, Dewey Beach, Milford, Seaford, Millsboro, Milton, I-95, I-495, Route 1, and Georgetown, DE, including New Castle, Kent and Sussex counties. We offer a free initial consultation. Contact us so we can help you find the legal solutions that are right for you.