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Delaware Questions & Answers
1 Answer | Asked in Car Accidents and Traffic Tickets for Delaware on
Q: I am 17 years old. I recently got into a minor car accident that is my fault, apparently. Will my license be suspended?

I was at a red light, in the right turn lane. My turn signal was on, and I waited for an opportunity to turn right onto the road. Assuming the opening was large enough, I made the turn. I was t-boned on the side of my door within 10 seconds after. I understand that this is my fault, but could the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 29, 2017

1) If you made a turn it wasn't 10 seconds.

2) I assume you reported it to your insurance. Insurance will provide you with an attorney if you are sued..

3)If you didn't get a ticket you aren't in court.

Get a copy of the crash report. It may cast light on where the other...
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1 Answer | Asked in Medical Malpractice and Wrongful Death for Delaware on
Q: I need to know if i have a case, malpractice or at this time wrongful death for spouse

spouse went in for open heart surgery 8/2015, walked in and never walked again, he died 2/2017 at a long term care facility. Many complications during surgery and afterwards, finally after year of hospital stay went to rehab, vent dependent, then trach was changed during a brief visit to hospital... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 9, 2017

Suggest you contact a member of the Delaware Ass'n for Justice like Thomas Crumplar--you can tell him I suggested you call. Malpractice cases are tough, and a bad result doesn't mean you have a case--even a horrible result. But you should check with Mr. Crumplar. If he can't help you try Jim... Read more »

1 Answer | Asked in Estate Planning for Delaware on
Q: can you list in your Maryland will as beneficial alternatives both children and grandchildren?
Kenneth V Zichi
Kenneth V Zichi answered on May 29, 2017

It is unclear what exactly you are asking, but I'm going to say 'yes' because regardless of how you interpret this you can leave assets to children, grandchildren, children AND grandchildren, or to Children first and then to grandchildren should something happen to the children.

But your...
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1 Answer | Asked in Admiralty / Maritime, Civil Rights and Constitutional Law for Delaware on
Q: Is there any document or court decision that officially superseded the original Articles of Confederation?

Knowing it is often said that the USA is a nation of laws, and knowing we have a constitution, I am wondering; if there was an official act, decision or proclamation that plainly says that the Articles of Confederation are invalidated? If not, do we Americans just pretend the Articles no longer... Read more »

Robert C. Collins II
Robert C. Collins II answered on May 11, 2017

The very terms of the Constitution, ratified by 11 of the original 13 colonies, replaced the terms of the Articles. For example, Article 5 of the Articles of Confederation sets out the make-up of Congress, while Article 1 of the Constitution sets out a new, different way to make up Congress. The... Read more »

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 Real Estate Law and Landlord - Tenant for Delaware on
Q: If the judge gave me 30 days to move and I can't what will happen
Ben F Meek III
Ben F Meek III answered on Feb 20, 2017

If you've been served with a judgment to that effect (or were in present in court when the judge pronounced his judgment), you are subject to that order or judgment. If you fail to move out, the next step will be to serve you with a citation for contempt of court, which will order you to appear and... Read more »

1 Answer | Asked in Criminal Law for Delaware on
Q: Can the police search my hotel room without issuing a search warrent
David Holloway
David Holloway answered on Feb 1, 2017

Sometimes yes, sometimes no. It's going to depend on a ton of factors, including what they knew when they conducted the search, whether you were the person who rented the hotel room, whether you're on probation, whether others were in the room, and the presence or absence of exigent circumstances... Read more »

1 Answer | Asked in Criminal Law for Delaware on
Q: My son a felon about 9 years ago was just arrested with 2 guns in Delaware how much jail time can he receive.
David Holloway
David Holloway answered on Feb 1, 2017

It's going to depend on whether he has other felonies on his record (no matter what state they're from), and what kinds of felonies they are. He is most likely looking at any/all of the following charges: firearm by person prohibited (x2), carrying a concealed deadly weapon ("CCDW") (x2), and... Read more »

2 Answers | Asked in Business Law for Delaware on
Q: Can a min owner in a Delaware LLC be liable to the individual whose co was the majority owner of the LLC?

Can a minority shareholder, a privately held company, be liable to the individual whose Company was majority shareholder - in a Delaware LLC that has been sold? The individual is not a member of the LLC. Another company of his is. The Company has been sold. He could not sue prior to the sale,... Read more »

Michael David Siegel
Michael David Siegel answered on Jan 27, 2017

Anyone can sue anyone if you pay the filing fee. Your question is way too vague. Yes, the operating agreement governs. So does what the claim even is, which you have not stated. Thus, if your real question is the success of such a claim, no one could know based on your post.

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1 Answer | Asked in Landlord - Tenant for Delaware on
Q: My lease expired in 2015. I'm month to month now. Do I still have to give 60 days notice? Or 30?

I'm in Delaware.

Brian Lehman
Brian Lehman answered on Jan 22, 2017

"Upon 30 days' written notice, which 30-day period shall begin on the first day of the month following the day of actual notice, the tenancy may be terminated...."

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 go. So far... Read more »

1 Answer | Asked in Business Formation for Delaware on
Q: Is a Delaware LLC that just converted to a Delaware C corporation obliged to send out the 228(e) notice?

What would be the consequences for failure to give such notice?

Michael David Siegel
Michael David Siegel answered on Nov 2, 2016

This is entirely a question of DE law. Call a DE lawyer.

1 Answer | Asked in DUI / DWI for Delaware on
Q: After I was arrested and incarcerated in Delaware, I was never given a chance to make a phone call even though I asked?
Paul Stanko
Paul Stanko answered on Oct 15, 2016

Well, unless you were subjected to interrogation without benefit of counsel, or otherwise prejudiced, your only recourse MAY be a civil tort claim. Consult a criminal defense attorney on the criminal case, though.

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... Read 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.

1 Answer | Asked in Criminal Law and Employment Law for Delaware on
Q: Should I surrender myself before getting fingerprinted for my new job?

I got into a altercation with someone and picked up a misdemeanor assault charge and have to turn myself in. I have to get fingerprinting done for my new job (child care facility) and really can't figure out which step to take first. What will happen if I go to my fingerprinting first? And if I... Read more »

Paul Stanko
Paul Stanko answered on Sep 18, 2016

If you have to turn yourself in, that tells me you have an outstanding warrant. Better to turn yourself in with money in your pocket to post bond than wait to be picked up at an inconvenient time. Your work will find out no matter what.

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 dangerous and... Read 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 Immigration Law for Delaware on
Q: my fiance got deported, she entered usa ilegaly once, no criminar records, can she enter usa in 5 or 10 years?
Matthew J Hartnett
Matthew J Hartnett answered on Aug 15, 2016

It is most likely 10 years if she was ordered deported by an Immigration Judge while living in the USA. But I would consider talking with an immigration attorney because there may be a way to get her back sooner. Don't assume she has to wait 5 or 10 years because many times there are ways around... Read more »

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 attorney so... Read 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 give free... Read 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... Read more »

David Alan Wolf
David Alan Wolf 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... Read more »

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