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Delaware Questions & Answers
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 »

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 Car Accidents for Delaware on
Q: My son's car was hit by another party now their insurance closed the claim. can i sue them if there was no police report

There was no injury by either party. the 911 dispatcher said there was no reason to send an officer for a report since the accident happened on private property. The other party admitted fault to my son immediately following the accident. they exchanged information and went on their way. Now the... Read more »

Adam Studnicki
Adam Studnicki answered on Feb 12, 2016

Whether there was a police report doesn't affect whether you can file a lawsuit. Talk to a local lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your...
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1 Answer | Asked in Immigration Law for Delaware on
Q: I studied English for 6 months. can I take vacation and stay in USA for 2 months then come back to study?F1 visa
Dawn Chere Sequeira
Dawn Chere Sequeira answered on Jan 21, 2016

Your intent must match the visa that you apply for; many clients file for B visas and are denied. I advise you to retain counsel.

1 Answer | Asked in Immigration Law for Delaware on
Q: marriage "deadline" for Employment based GC applcation

I am in the process of employment based green card application (EB2). I am engaged and was wondering which step of the process is the "deadline" by which I have to be married to get the GC for my husband (to be) too? (PERM? I140 or I485?)

Dawn Chere Sequeira
Dawn Chere Sequeira answered on Jan 21, 2016

If you can, get married before the I-140 is filed.

2 Answers | Asked in Immigration Law for Delaware on
Q: Need help regarding my F2 to H4 visa..!!

Hi

Good morning

My husband was a student with F1 visa and I came to USA as his dependent on F2 visa... His OPT ended in April 2015 and he applied for H1 visa... Got an RFE in July 2015 and then his H1 got approved in Oct 2015..!!!

Now our lawyer forgot to file my h4 during... Read more »

Shan Dimitris Potts
Shan Dimitris Potts answered on Nov 18, 2015

1. Why are you not asking your lawyer all these questions?

2. Once your husband's h1b got approved your f2 is no longer valid so you were out of status after the day your husband's h1b got approved.

3. Your lawyer's mistake will not be accounted for, you should apply for change of...
Read more »

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2 Answers | Asked in Family Law and Immigration Law for Delaware on
Q: My father is a citizen of America. He got citizenship when I was still a minor. Can I claim citizenship?

The problem is I don't know his where abouts. But he is here in the United States. Can I still claim citizenship or apply for a green card?

Camlinh Nguyen Rogers
Camlinh Nguyen Rogers answered on Nov 8, 2015

There are questions similar to your situation on our website. You can locate them at http://aba-us.com/other-services/?lang=en. Good luck. www.aba-us.com

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2 Answers | Asked in Real Estate Law for Delaware on
Q: How long do you legally have to wait in Ohio to resell a home you purchased to flip?
Robert Jason De Groot
Robert Jason De Groot answered on Nov 4, 2015

If you are in the business of buying homes and selling them, then you should be willing to have a full discussion with an attorney in Ohio about what you are asking. There should not be a time limit on this, in my opinion.

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1 Answer | Asked in Criminal Law for Delaware on
Q: Can someone be indicted without ever being formally charged

My child was arrested for murder 1and was never arrested

Robert Jason De Groot
Robert Jason De Groot answered on Nov 3, 2015

You have a very confusing question here. Arrested and never arrested?

1 Answer | Asked in Juvenile Law for Delaware on
Q: Can a minor be tried as an adult?

I know a minor who is 17, who less than 6 months ago, was caught with Vicodin in school. It was left at a misdemeanor and would be expunged when he was 18, he was allowed back in school. Recently, this person got in an accident which was a hit and run to a parked vehicle, he evaded police, and... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Nov 1, 2015

That probably will not happen.

1 Answer | Asked in Criminal Law for Delaware on
Q: I'm a newly employed Delaware corrections officer. my husband is scheduled to be paroled from NJ. Will they release him
Robert Jason De Groot
Robert Jason De Groot answered on Oct 26, 2015

Perhaps, when it is time for him to be released.

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