Delaware Q&A by Practice Area
Delaware Questions & Answers
Q: Do you always get pain and suffering in an award?
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 ?
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?
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
Just trying to see if that closes a workmans comp case that's already open. I know i releases them from new ones but what about the ones still open?
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
This subpoena is for me to testify. I witnessed a "violation of a no-contact order" for my friend who lived in MN at the time. I have always lived in ohio. Do I have to go to this court hearing?
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?
I was driving a State owned car at the time of the accident. I was hit from behind by driver on cell phone. The officer did not put the cell use in the report he also never asked if I needed medical attention. I drove myself to hospital afterwards. Two days later the person at fault's insurance... Read more »
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... Read more »
Q: In Delaware, what are the costs of a buyer backing out of a purchase agreement for a home?
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?
The results for stratysbotrys and other toxic molds have came back in high numbers. I had swab samples and air testing both done. I have contacted the county, health department, fire marshal, attorney general and not one of them can seem to help me. My landlord is not cooperating with me at all... Read more »
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!
In 2016 A partner and I formed a product oriented company. We spent months of planning and research to choose our company name and product name. We also consulted with two attorneys in choosing the product name. We proceeded to purchase a domain, file a Delaware trademark registration, and a... Read more »
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... Read more »
Q: Incorporation in Delaware: trademark exists for company name but in different sector
Hi,
We are going to incorporate a software company in Delaware. There is a trademark for the same company name but in the oil in gas industry in Texas. Also doing a google search, we see that there are other business using the same name in the software sector, but they don't appear to have... Read more »
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... Read more »
Q: overstayed B1 visa (24 years). Left volunt. US in 2010. Does the 10 year bar apply. Can I get a waiver?
I have a 21 year old son who is US born and lives there.
I lived in the US illegally for 24 years, no criminal record. Have bachelors and master's degree.
I have been outside the US for 7 years.
I want to return. I work for an American company and can transfer no problem.
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... Read more »
Q: Hi, I am f1 visa OPT EAD and I have american business man wants to sponsor me green card. What are the requirements ?
I come across a business man, who wants to use my business knowledge and computer knowledge and he is willing to sponsor me green card on his business or personally.
is it possible for him to sponsor me green card through his company?
if yes, what are the requirements for his... Read more »
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... Read more »
Q: Pregnant and giving birth in the states.
Im pregnant and in the states on tourist visa. I plan to give birth in the states upon doctors advice, since I have had two misscarriages and there are no good quality medical care in Liberia where I am from, but I will not be overtaying the 6 months I was given at immigration. I did not inform the... Read more »
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.
I am born in India when my parent were Pakistan citizens and vacationing to India. Do I qualify for Just pass through exception of cross chargeability of my Parents birth country ?
Yes, under section 202(b) of the INA, you should be able to use Pakistan as your country of changeability.
Q: Trademarks and Infringement
Nike is a trade mark & a company. If I say our shoes are 10% less than Nike would that be an infringement of trade mark? Can I say Nike Buyers, get 10% off for example?
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
But today I filled a report. Do I have a case?
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,
I was given a violation for duties at a stop sign by the arriving officer to the scene of the accident, (he was not present nor did he see the accident) what case law can be presented for defense ??
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?
One bureau shows closed 0 balance. The other shows 23k. Closed and written off as bad debt. The Bank is calling but not stating why. I have recieved no written correspondence. Can they reopen it this late? Should I call them back?
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... Read more »
Q: My ex died with no spouse, will, estate or rep and owed child support. Can our kid get his annuity before his mom?
He was almost $18K in child support arrears and his mom never knew about his annuity, so she never set up probate court. Instead she simply had him cremated. How do I place a lien against his annuity?
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... Read more »
Q: If you were given lifetime right of occupancy in residential property & it is sold without your consent - any recourse?
State is Delaware. I was given lifetime right of occupancy via my grandmother's will. She left the house to her oldest son, my uncle, with the caveat that I had a lifetime right of occupancy. Now, I have discovered that the house has been sold. No one told me about this. Wondering if I have any... Read more »
I am assuming your grandmother has passed, because up until that point SHE can change the will and do something different, sell her house or otherwise do what you mention here without any issue.
If she has passed, was the will properly probated and the property transferred to you and your... Read more »
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... Read more »
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.
Notify the... Read more »
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