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Delaware Personal Injury Questions & Answers
1 Answer | Asked in Family Law, Personal Injury, Appeals / Appellate Law and Constitutional Law for Delaware on
Q: Where are the lists as for all reasons a motion for reconsideration have ever been approved?

Preferably with citations.

James L. Arrasmith
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answered on Dec 24, 2023

In Delaware, as in many jurisdictions, the grounds for a motion for reconsideration typically include several key reasons. These reasons can vary depending on the specific circumstances of each case and the applicable legal standards.

Common grounds for a motion for reconsideration include...
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1 Answer | Asked in Personal Injury for Delaware on
Q: I got my head on and injured my self it left a scar I didn't go to the hospital immediately but should I still

Hit my head...

Should I still go to the hospital and get checked out to help my case.. and it hasn't healed.

Tim Akpinar
Tim Akpinar
answered on Sep 10, 2023

A Delaware attorney could advise best, but your question remains open for a week. Attorneys can't offer medical guidance, but as a practical matter, it would be advisable to be seen by a doctor if you have concerns about the injury you experienced. If doctors suspect injury that warrants... View More

1 Answer | Asked in Car Accidents and Personal Injury for Delaware on
Q: I was severely injured in a motorcycle accident. Why isn't the at fault person responsible for my medical? Delaware
Tim Akpinar
Tim Akpinar
answered on Feb 21, 2021

A Delaware attorney could advise best, but your question remains open for a week. I'm sorry for your accident and your injuries. You could continue to await a response here, but you could also reach out to local attorneys to try to arrange a free initial consult. Coverage for motorcycle... View More

1 Answer | Asked in Car Accidents and Personal Injury for Delaware on
Q: Can I open an emotional distress claim if an accident has left me unable to see my therapist

The insurance company decided the other driver was at fault for an accident I was in recently. My car is not drivable and as a result I can’t see my therapist who has said I should be there every week. I have really been struggling without access to therapy, is it worth opening an emotional... View More

Tim Akpinar
Tim Akpinar
answered on Mar 11, 2020

This sounds like it would be difficult case, if it were to be based on not being able to get to a therapist's office due to an inoperable vehicle, for which the fix could ordinarily be a rental vehicle or reimbursement of transportation expenses. Emotional trauma can be an element of damages... View More

1 Answer | Asked in Contracts, Criminal Law, Foreclosure and Personal Injury for Delaware on
Q: When is it possible for a lawyer to move a court or an arbitration hearing at a court without a claim or witness

the same individuals, as debt collectors for different entities, who are lawyers, has moved the court to sheriff sale two family properties, in less than four years, for an alleged debt and are currently attempting to move the court on a third family property, where I domicile, with no original... View More

Tim Akpinar
Tim Akpinar
answered on Feb 26, 2020

This is a matter for a Delaware attorney, but your post remains open for four weeks. It's difficult to tell exactly what is taking place, whether the other side is filing motions for change of venue. A quick consult with a Delaware attorney should be able to determine your best course of... View More

2 Answers | Asked in Personal Injury, Car Accidents and Civil Litigation for Delaware on
Q: If the opposing party claims I didn't properly preserve the evidence of my car accident case, does that mean my case

can't proceed to trial?

Tim Akpinar
Tim Akpinar
answered on Dec 5, 2018

Evidence would be necessary to go to trial, but it’s possible there is evidence if an ambulance responded, you were taken to an emergency room, there was a police response, a property adjuster inspected the damage to your vehicle, etc. Without knowing what happened, it’s difficult to say what... View More

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1 Answer | Asked in Personal Injury for Delaware on
Q: In a Delaware Civil Jury Trial for Personal Injury where jury finds for Plaintiff, how can a just award be made ?

Why are juries finding for Plaintiff given so little (boardables) information - and then justly compensate the injured party for lost wages, permanent injury, pain & suffering, etc in addition to stated Medical bills?

Peter N. Munsing
Peter N. Munsing
answered on Oct 2, 2018

Delaware juries are relatively conservative so obviously the evidence and testimony motivated them to provide full and fair compensation. If the verdict is excessive the defendant can file an appeal.

1 Answer | Asked in Personal Injury for Delaware on
Q: Do you always get pain and suffering in an award?
Tim Akpinar
Tim Akpinar
answered on Oct 21, 2018

It depends on the case. Pain and suffering is often a major component of personal injury awards. But there are cases where the damages only involve “economic losses,” comprised of things such as lost wages, medical bills, property damage, etc.

Tim Akpinar

1 Answer | Asked in Personal Injury and Car Accidents for Delaware on
Q: I was backed into while parked. There was no damage to the cars but today I'm in pain. There was no report made that day

But today I filled a report. Do I have a case?

Peter N. Munsing
Peter N. Munsing
answered on Feb 26, 2018

I have had several. Problem is if no damage it'll be uphill. Consult a member of the Del Assn for justice--they give free consults.

1 Answer | Asked in Products Liability and Personal Injury for Delaware on
Q: Can I sue if a mini butane torch exploded in my face?.

I was filling my mini butane torch to continue working on my artwork when it exploded in my face. It burnt my hair around my face, eyebrows, eyelashes and scorched my skin on face and neck. It happened last night, Friday, 12/22/17 and today is Saturday so my doctor is not available. Took photos... View More

Peter N. Munsing
Peter N. Munsing
answered on Dec 23, 2017

go to an ER if you have any concerns about corneal burns/pain in the eyes. Follow up with a dermatologist on burns.

You can sue but that's expensive. First--save any and all items in use--the piece the filler.

Also all packing, receipt etc--put it in a box or bag....
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1 Answer | Asked in Personal Injury for Delaware on
Q: I had a heart attack while driving tractor trailer for a company. What are they responsible for?

I don't have insurance now and I'm ok to work. But I'm not comfortable going over the road and that's all the company has and I don't want to risk my health. And I no longer have health insurance.

Peter N. Munsing
Peter N. Munsing
answered on Mar 7, 2017

Contact a member of the Delaware Assn for Justice--they give free consults. Attorney Thomas Crumplar may be able to help you. Feel free to use my name.

1 Answer | Asked in Personal Injury for Delaware on
Q: My step son hit and killed a man that was running across a 4 lane road at night, not in the crosswalk, and wearing dark

clothing. Police determined it wasn't his fault. Can He collect damages for his truck from the victims insurance or estate

Peter N. Munsing
Peter N. Munsing
answered on Dec 31, 2016

Does he want to stir up a counterclaim? If he has collision, run it through that and let them be the bad guys. Note--if it's 4 lanes, and he was doing speed limit, should have picked up moving something or other out there, slowed down, may have had chance to avoid. I'd advise to let it... View More

1 Answer | Asked in Personal Injury and Landlord - Tenant for Delaware on
Q: I almost fell through the porch of a home I've been renting for over 6yrs.Should I get an attorney?

This incident caused me to be home on short term disability. Immediately the landlord sent someone to do the porch, however he tore down the porch then died from a heroin overdose in July. To this date the insulation is exposed. I have not been able to pay my monthly rent due to only getting 60% of... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 7, 2016

Get at least a consultation. Your case is tough because you lived there--didn't like it could've moved. Contact a member of the Delaware Trial Lawyers Assn--they give free consultations.

2 Answers | Asked in Criminal Law and Personal Injury for Delaware on
Q: My sons HS band teacher makes them stay in the heat for hours w/no breaks. Is there a law regarding this issue?

My son is in the band at a local high school. During the summer they have band camp. He will make them march, in the heat, for hours with no breaks. If one of them makes a remark about the heat, he tells them, "It's not that bad." If they do take a break he berates them. I find this... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 17, 2016

As the band camp is technically an option it should be covered by education law parameters governing school sports.

Perhaps the band director needs to attend scout leader training or training for any other youth activitiy. You can ask the department of education or whoever regulates sports.

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1 Answer | Asked in Personal Injury and Medical Malpractice for Delaware on
Q: Does a firm have to tell you they represent the party you're seeing them about suing, or can they string you along?

And then try to persuade you that you don't have a case. The time is almost up to file so we contacted them again to see if they would at least do a letter for us to extend it. They say they can't because it would be a conflict of interest.

Peter N. Munsing
Peter N. Munsing
answered on Jul 31, 2016

Find out why it's a conflict. If they had been representing the other party they should have told you so. If it's that they represent a potential witness, that is a little different--a conflict but they only have to tell you when they figure it out. However you need to find another... View More

1 Answer | Asked in Personal Injury and Car Accidents for Delaware on
Q: Can I rent a car using the offenders car insurance

I was in a car accident and my car got totaled. It wasn't my fault but now I am out of a car. The offenders insurance should be paying for a rental

Peter N. Munsing
Peter N. Munsing
answered on Jun 22, 2016

The offenders insurance should give you a "prior authorization" though depending on your state they may not have to (depends on what state it happened in). If your car got totaled chances are you have an injury so I suggest you contact a member of the Delaware Trial Lawyers Assn--they... View More

1 Answer | Asked in Personal Injury for Delaware on
Q: I had a slip n fall 4/2015 in my apt...i notified the mgt prior to my injury,but the mgt fixed afterwards(uneven floor)

I wad rushed a by abulance,same treating dr affirmed permanent injury to elbow and tendon in bicep....where does the proximate take place? I seen ortho surgeon,he reccomends surgery asap......the property mgt denies fault my atty tells me that its protocol for denial......do i have a slam dunk case... View More

David Alan Wolf
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answered on Apr 24, 2016

I would not characterize your case or potential case as a slam dunk case even if you have surgery. Trip and fall cases and slip and fall cases can be quite challenging. These are among the most heavily contested types of cases that are handled by personal injury attorneys. It is good to hear... View More

1 Answer | Asked in Animal / Dog Law and Personal Injury for Delaware on
Q: My neighbor fell and fractured her pelvis because my dog jumped up on her. I've offered to pay her medical bills.

My question is, can she still sue me for more even if I fulfill my promise to her?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 10, 2016

Unless you get a release from her when you pay, yes she can. You are better off turning this over to your homeowner's or renter's insurance company to handle so they can pay the bills and make sure you are released from further responsibility after they pay her.

1 Answer | Asked in Personal Injury for Delaware on
Q: Can a judge over rule a law in a civil action?
Charles Snyderman
Charles Snyderman
answered on Mar 14, 2014

I wish you had provided more information. However, a judge has the power to find a law unconstitutional. Otherwise, a judge is obligated to follow the law.

1 Answer | Asked in Personal Injury for Delaware on
Q: Do I need a civil case lawyer?
Charles Snyderman
Charles Snyderman
answered on Jan 7, 2013

You are not required to have a lawyer in order to settle or sue over a personal injury. However, lawyers charge on a contingency fee basis for personal injury cases, which means they only get paid if they recover money for you. Your chances of success are greatly improved if you have an experienced... View More

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