Delaware Personal Injury 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, Car Accidents and Civil Litigation 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: 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: I had a heart attack while driving tractor trailer for a company. What are they responsible for?

1 Answer | Asked in Personal Injury for Delaware on
Answered on Mar 7, 2017
Peter Munsing's answer
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.

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

1 Answer | Asked in Personal Injury for Delaware on
Answered on Dec 31, 2016
Peter Munsing's answer
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 go. So far he's ahead. "you dented my big old truck with your puny little body" just doesn't sound too good.

Q: I almost fell through the porch of a home I've been renting for over 6yrs.Should I get an attorney?

1 Answer | Asked in Personal Injury and Landlord - Tenant for Delaware on
Answered on Oct 7, 2016
Peter Munsing's answer
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.

Q: My sons HS band teacher makes them stay in the heat for hours w/no breaks. Is there a law regarding this issue?

2 Answers | Asked in Criminal Law and Personal Injury for Delaware on
Answered on Sep 17, 2016
Peter Munsing's answer
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.

Q: Does a firm have to tell you they represent the party you're seeing them about suing, or can they string you along?

1 Answer | Asked in Personal Injury and Medical Malpractice for Delaware on
Answered on Jul 31, 2016
Peter Munsing's answer
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 attorney so contact a member of the Illinois Trial Lawyers Assn--they give free consultations.

Q: Can I rent a car using the offenders car insurance

1 Answer | Asked in Personal Injury and Car Accidents for Delaware on
Answered on Jun 22, 2016
Peter Munsing's answer
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 give free consultations. If you need names let me know.

Do understand that your car rental ends when they are ready to put the money in your hands.

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)

1 Answer | Asked in Personal Injury for Delaware on
Answered on Apr 24, 2016
David Alan Wolf's answer
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 that you have an attorney in place. I trust that your attorney has advised you of the strengths and weaknesses in the case. Good luck.

Q: My neighbor fell and fractured her pelvis because my dog jumped up on her. I've offered to pay her medical bills.

1 Answer | Asked in Animal / Dog Law and Personal Injury for Delaware on
Answered on Mar 10, 2016
Mr. Michael O. Stevens' answer
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.

Q: Can a judge over rule a law in a civil action?

1 Answer | Asked in Personal Injury for Delaware on
Answered on Mar 14, 2014
Charles Snyderman's answer
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.

Q: Can I file a civil suit against a state university in federal court?

1 Answer | Asked in Personal Injury for Delaware on
Answered on Feb 3, 2013
Charles Snyderman's answer
It depends on whether the federal court has jurisdiction, for example, diversity of citizenship or a federal question.

Q: Do I need a civil case lawyer?

1 Answer | Asked in Personal Injury for Delaware on
Answered on Jan 7, 2013
Charles Snyderman's answer
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 lawyer represent you.

Q: How long after a work accident should a person contact a lawyer?

1 Answer | Asked in Personal Injury for Delaware on
Answered on Jul 13, 2012
Jonathan Craig Reed's answer
The sooner the better. You probably have two possible claims. One is a no-fault workman's comp claim and the other may be a fault based claim against someone other than your employer. If there is a question of preserving evidence on the fault based claim a lawyer can jump right on that issue. I assume you reported the injury to your employer, but even at this early stage a lawyer can help. Most personal injury lawyers in your state and city will give you a free consultation so you can see if...

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