Delaware Questions & Answers by Practice Area


Delaware Questions & Answers

Q: If the opposing party claims I didn't properly preserve the evidence of my car accident case, does that mean my case

2 Answers | Asked in Personal Injury for Delaware on
Answered on Nov 21, 2018
Rahlita D. Thornton's answer
Do you have photos of the damage to your vehicle? This should be sufficient in most instances. Get an attorney on the case, especially if it just occurred.

Q: Do you always get pain and suffering in an award?

1 Answer | Asked in Personal Injury for Delaware on
Answered on Oct 21, 2018
Timur Akpinar's answer
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

Q: In a Delaware Civil Jury Trial for Personal Injury where jury finds for Plaintiff, how can a just award be made ?

1 Answer | Asked in Personal Injury for Delaware on
Answered on Oct 2, 2018
Peter Munsing's answer
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.

Q: When your job is closing down, you sign your release papers to get your severance package is that release for open cases

1 Answer | Asked in Workers' Compensation for Delaware on
Answered on Sep 13, 2018
Brian E Lutness' answer
It depends on the terms of severance package but ordinarily a workers compensation case requires approval from the Industrial Accident Board before it can be released. If you have open workers compensation claims please call me to discuss your case at (302) 547-7752.

Q: I received an out of state subpoena in the mail. Do I have to attend? it's from MN and I live in Ohio

1 Answer | Asked in Criminal Law for Delaware on
Answered on Sep 11, 2018
Gary Kollin's answer
Here are some answers which may help you

https://www.avvo.com/legal-answers/subpoena-to-testify-in-a-criminal-trial-in-another-1212086.html

Q: In a car accident. The person at fault's insurance company wants my medical records sent to them. Should I send?

1 Answer | Asked in Workers' Compensation and Car Accidents for Delaware on
Answered on Sep 8, 2018
Timur Akpinar's answer
It is curious that an offer should be made without seeing the medical records.

You could consult with an experienced personal injury attorney to help you make a well-informed decision here. An attorney could advise you about the factors that are considered in determining the value of such cases. They could outline the damages you could possibly be entitled to, based on the detailed facts of the case and your injuries.

Regardless of whether you choose to retain an attorney to...

Q: In Delaware, what are the costs of a buyer backing out of a purchase agreement for a home?

1 Answer | Asked in Contracts and Real Estate Law for Delaware on
Answered on Jul 21, 2018
Vincent Gallo's answer
The executed Contract should contain those answers.

Q: I have a bad mold issue. I have had it professionally tested and the results came back horrible. What is my next step?

1 Answer | Asked in Civil Litigation, Landlord - Tenant and Small Claims for Delaware on
Answered on Jul 5, 2018
Camille Brooks Ibrahim's answer
You can sue the landlord considering you were under his premises while the mold accumulated! That is a premises liability suit depending on the time frame the mold was formed.

Q: Would this situation be considered trademark infringement? Details provided. Thank you!

2 Answers | Asked in Intellectual Property and Trademark for Delaware on
Answered on Jun 4, 2018
Benton R Patterson III's answer
The USPTO may deny the application based on the conflict with your registration. I would continue to watch the application. If it is published for opposition, you may want to retain an attorney to oppose the registration. It is also possible that both trademarks can exist concurrently if the other company is truly a prior user.

Q: Incorporation in Delaware: trademark exists for company name but in different sector

2 Answers | Asked in Intellectual Property and Trademark for Delaware on
Answered on May 31, 2018
Benton R Patterson III's answer
An attorney would need to review all the facts to answer this question. Here are some general observations that may be helpful.

The oil company trademark could be an issue if the products/services are similar. For example, if that trademark is for geo-location services and your software company provides something similar, it could be a problem. If you provide point of sale systems and the oil company's trademark is for drilling contracting, you are likely fine. US trademark...

Q: overstayed B1 visa (24 years). Left volunt. US in 2010. Does the 10 year bar apply. Can I get a waiver?

1 Answer | Asked in Immigration Law for Delaware on
Answered on May 9, 2018
Carl Shusterman's answer
Yes, you are subject to the 10-year bar.

Currently, immediate relatives of U.S. citizens who have accrued a certain period of unlawful presence in the United States are barred from returning to the United States for as long as 3 or 10 years if they leave the country. However under the provisional I-601 extreme hardship waiver your foreign national spouse may not need to leave the United States to apply for the hardship waiver.

Immediate relatives can obtain a waiver of the...

Q: Hi, I am f1 visa OPT EAD and I have american business man wants to sponsor me green card. What are the requirements ?

1 Answer | Asked in Immigration Law for Delaware on
Answered on May 9, 2018
Carl Shusterman's answer
PERM is the process for obtaining labor certification, the first step of the green card process for foreign nationals seeking permanent residence through their employment.

To obtain an approved PERM Labor Certification, the employer must prove (through newspaper advertising and other recruiting methods) that they were unsuccessful in recruiting a qualified U.S. worker for a certain position.

The employer must be prepared to hire the foreign worker on a full-time and permanent...

Q: Pregnant and giving birth in the states.

1 Answer | Asked in Immigration Law for Delaware on
Answered on May 8, 2018
Carl Shusterman's answer
Yes, there could be a problem in you being readmitted to the US since you had a baby here on your tourist visa.

Q: I just got my LCA approved for my PREM application through EB2 green card application.

1 Answer | Asked in Immigration Law for Delaware on
Answered on May 8, 2018
Carl Shusterman's answer
Yes, under section 202(b) of the INA, you should be able to use Pakistan as your country of changeability.

Q: Trademarks and Infringement

1 Answer | Asked in Trademark for Delaware on
Answered on Mar 15, 2018
Benton R Patterson III's answer
You can use the word Nike to describe genuine Nike products. You just cannot call your own shoes Nike, or something similar in sound, shape, or appearance.

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

1 Answer | Asked in Personal Injury and Car Accidents for Delaware on
Answered on Feb 26, 2018
Peter Munsing's answer
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.

Q: In 2016 I was in a car accident , i was hit near the passenger side wheel, after I observed duties at a stop sign,

1 Answer | Asked in Car Accidents and Traffic Tickets for Delaware on
Answered on Feb 14, 2018
Peter Munsing's answer
Look at the statute and argue you did what it said. Presumably you came out and someone hit you. If they didn't have a stop sign too they have the right of way.

Q: Ch 13 discharged 6/17. One of student loans was reopened 10/17. Getting calls from another closed one.Can they open now?

1 Answer | Asked in Bankruptcy for Delaware on
Answered on Jan 31, 2018
Nels Hansen's answer
Congratulations on completing your chapter 13, very few people accomplish what you have achieved. In order to discharge the student loan, you will have to file an adversary in addition to a bankruptcy and prove the student loan is an undue hardship. This is easier said than done. When you file bankruptcy Federal Student Loans are put into forbearance. Once your bankruptcy is dismissed or discharged they are taken out of forbearance. Student loans also continue to accrue interest while you were...

Q: My ex died with no spouse, will, estate or rep and owed child support. Can our kid get his annuity before his mom?

1 Answer | Asked in Child Support and Estate Planning for Delaware on
Answered on Jan 17, 2018
Kenneth V Zichi's answer
If he owes back child support, and the annuity will pass through probate you can make a claim against the estate for the child support.

The process is complicated, and if your children are all minors their interest in the estate needs to be addressed, and FURTHER if there was a beneficiary names and the annuity won't pass through probate there are additional issues.

Seek local legal help -- your divorce attorney probably knows how to best address the system in your area -- and...

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