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Delaware Personal Injury Questions & Answers

2 Answers | Asked in Personal Injury, Car Accidents and Civil Litigation for Delaware on

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

can't proceed to trial?

Rahlita D. Thornton answered on Nov 21, 2018

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.

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1 Answer | Asked in Personal Injury for Delaware on

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

Timur Akpinar answered on Oct 21, 2018

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

1 Answer | Asked in Personal Injury for Delaware on

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?

Peter N. Munsing answered on Oct 2, 2018

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.

1 Answer | Asked in Personal Injury and Car Accidents for Delaware on

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?

Peter N. Munsing answered on Feb 26, 2018

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.

1 Answer | Asked in Products Liability and Personal Injury for Delaware on

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 »

Peter N. Munsing answered on Dec 23, 2017

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...
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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 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 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 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 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 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.

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 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 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 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 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 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 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 Personal Injury for Delaware on

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

Charles Snyderman answered on Mar 14, 2014

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.

1 Answer | Asked in Personal Injury for Delaware on

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

Charles Snyderman answered on Feb 3, 2013

It depends on whether the federal court has jurisdiction, for example, diversity of citizenship or a federal question.

1 Answer | Asked in Personal Injury for Delaware on

Q: Do I need a civil case lawyer?

Charles Snyderman answered on Jan 7, 2013

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... Read more »

1 Answer | Asked in Personal Injury for Delaware on

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

Jonathan Craig Reed answered on Jul 13, 2012

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... Read more »

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