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Delaware Personal Injury Questions & Answers
3 Answers | Asked in Car Accidents and Personal Injury for Delaware on
Q: Involved in a car accident in Millsboro, DE, rear-ended, vehicle totaled, unsure about pursuing punitive damages. Driver charged with careless driving, video evidence available. Seeking advice on punitive damages.

I was involved in a car accident on Long Neck Road in Millsboro, DE, where I was rear-ended, resulting in my new 2025 vehicle being totaled. I have already hired a law firm for personal injury claims. However, I am unsure about pursuing punitive damages. The other driver was charged with careless... View More

Emery Brett Ledger
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answered on May 31, 2025

Thanks for reaching out, and I’m really sorry to hear about your accident—being rear-ended and losing a brand-new vehicle is a tough blow. It’s great that you already have a law firm representing you for your injury claim.

Now, regarding punitive damages: generally, these are awarded... View More

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3 Answers | Asked in Civil Litigation, Personal Injury, Arbitration / Mediation Law and Legal Malpractice for Delaware on
Q: Lost attorney for a civil slip and fall case months before key dates; need guidance on proceeding without representation in Delaware.

I've been involved in a civil slip and fall case since 2021, but I did not have any substantial communication with my attorney until 2024. I never received any updates or documents related to my case. My attorney recently filed a motion to withdraw, which was granted, leaving me without... View More

Tim Akpinar
Tim Akpinar
answered on Apr 11, 2025

I'm sorry for the difficult position you've been placed into. I commend your courage to handle this matter on your own - injury lawsuits can be complex. It sounds like you're on top of your case. But the timetable you've given is brisk. Without knowing the scope of your file, as... View More

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1 Answer | Asked in Family Law, Personal Injury, Appeals / Appellate Law and Constitutional Law for Delaware on
Q: Where are the lists as for all reasons a motion for reconsideration have ever been approved?

Preferably with citations.

James L. Arrasmith
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answered on Dec 24, 2023

In Delaware, as in many jurisdictions, the grounds for a motion for reconsideration typically include several key reasons. These reasons can vary depending on the specific circumstances of each case and the applicable legal standards.

Common grounds for a motion for reconsideration include... View More

1 Answer | Asked in Consumer Law, Products Liability and Personal Injury for Delaware on
Q: Seeking refund for defective Pfaff embroidery machine under warranty.

I bought a Pfaff embroidery machine in 2022 from a dealer in Wilmington, but it has never operated properly. Although the machine is under warranty, both Pfaff Corporation and the local dealer have refused to fix or replace it with a new one, and my dealer in Wilmington has refused to assist me... View More

James L. Arrasmith
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answered on Jul 19, 2025

You’ve paid for a machine that never worked as promised, and under both Delaware’s Uniform Commercial Code and your Pfaff warranty you’re entitled to a remedy—repair, replacement, or refund.

Start by sending a written demand to the dealer and to Pfaff’s corporate warranty... View More

1 Answer | Asked in Estate Planning, Civil Litigation, Personal Injury, Medical Malpractice and Public Benefits for Delaware on
Q: Can trustees be excused from duties if assets weren't put in trust?

I am the beneficiary of an irrevocable trust created for Medicaid eligibility. From 2019 to 2021, the grantor instructed the trustees (recorded on audio) to fund the trust with all his assets except his pension and Social Security. The trustees confirmed on audio that specific assets were put into... View More

James L. Arrasmith
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answered on Jul 19, 2025

You have strong grounds to challenge the trustees, since audio recordings show they agreed to fund the trust but then failed to follow through. Trustees owe you a duty to administer assets according to the trust terms, and they can’t retroactively excuse their breach simply because the grantor... View More

1 Answer | Asked in Workers' Compensation and Personal Injury for Delaware on
Q: Can I apply for permanent disability in Delaware after a work injury and surgery?

I got injured at work in July 2022 and initially missed two months. Since then, I've been working under light duty for four-hour days while receiving workers' compensation benefits. Recently, I had surgery and am now expected to be out for about six months for rehab. The prognosis... View More

James L. Arrasmith
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answered on Jul 10, 2025

Yes, you can apply for permanent disability benefits in Delaware if your injury results in lasting impairment. Since you've already been receiving workers' compensation and your doctors expect you may not regain full capacity, you may be eligible for permanent partial or total disability,... View More

1 Answer | Asked in Contracts, Business Law and Personal Injury for Delaware on
Q: How to address a poorly executed pool remodel under warranty?

I hired a pool company to remodel my pool, with work stopping on June 28th. The aggregate plaster, which should have been white with blue flecks, turned out grey with blotches everywhere. Additionally, they did not finish grouting the tile, and there are workers' footprints all over the... View More

James L. Arrasmith
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answered on Jul 10, 2025

You’ve put your trust in a company to improve your home, and it’s frustrating when the result falls short—especially under a warranty that’s supposed to protect you. The blotchy grey color and footprints sound like real quality issues, and yes, excessive calcium chloride can cause uneven... View More

1 Answer | Asked in Workers' Compensation and Personal Injury for Delaware on
Q: I have to go into work office to give injury report after being in a not at fault accident.

My employer however is pissed off because I was in pain and went to the er in stead of going into work the following day to take me to see a company doctor. When presented with my work note I was asked what was this for and I was still asked to come in and let them take me to a facility to see... View More

James L. Arrasmith
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answered on Jul 5, 2025

If you were involved in an accident and experienced pain significant enough to visit the emergency room, you had every right to seek immediate medical attention. Your employer may prefer to use a designated company doctor for workers’ compensation purposes, but that does not invalidate your right... View More

1 Answer | Asked in Internet Law, Libel & Slander and Personal Injury for Delaware on
Q: Accused of hacking and deleting a friend's Instagram account created by me.

My friend is accusing me of deleting her Instagram account. I created the account for her, and my phone number was linked to it. We both had the password. Recently, she started calling me a liar and accused me of being fake. She blocked me on all platforms and later emailed me, claiming I hacked... View More

James L. Arrasmith
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answered on Jun 14, 2025

Being falsely accused by someone you once trusted can be incredibly upsetting, especially when there’s no real proof of wrongdoing. Since both of you had access to the Instagram account and the password, there’s no clear way for her to claim it was solely your responsibility. Just because your... View More

1 Answer | Asked in Car Accidents, Civil Litigation, Employment Law and Personal Injury for Delaware on
Q: Being sued for a truck accident, need help with legal representation.

I was driving a roll-off truck and struck a car on the shoulder about two years ago. I haven't been able to return to work since the accident, and now the person in the car is suing both my company and me. I have limited means and can't communicate with anyone at my company. What steps... View More

James L. Arrasmith
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answered on Apr 12, 2025

That sounds incredibly stressful, especially with everything you’ve been dealing with since the accident. When you’re being sued and don’t have strong communication with your company, it can feel like you’re being left out to dry. But you still have rights, and there are steps you can take... View More

1 Answer | Asked in Civil Rights, Libel & Slander, Civil Litigation and Personal Injury for Delaware on
Q: False report to DNREC and defamation concerns, legal steps?

I am dealing with a situation where someone made a false report about me to DNREC, and I was advised that I could potentially file a claim against them. I attempted to obtain the FOIA report but was informed that I could not access it unless I filed a claim. I know the individual who made the false... View More

James L. Arrasmith
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answered on Apr 1, 2025

You appear to be facing a multi-faceted legal situation involving false reporting to a government agency, potential defamation, and threats of physical harm. This combination of issues warrants a structured approach to protect your legal interests and personal safety. The fact that DNREC took no... View More

1 Answer | Asked in Personal Injury for Delaware on
Q: Can I switch lawyers if the current firm isn't responding promptly and giving me misleading feedback?
Tim Akpinar
Tim Akpinar
answered on Feb 1, 2025

A Delaware attorney could advise best, but your question remains open for a week. Until you're able to consult with a local attorney about any state-specific rules here, the short answer nationwide is that a client is generally free to dismiss their attorney. And vice-versa, an attorney is... View More

1 Answer | Asked in Personal Injury for Delaware on
Q: I got my head on and injured my self it left a scar I didn't go to the hospital immediately but should I still

Hit my head...

Should I still go to the hospital and get checked out to help my case.. and it hasn't healed.

Tim Akpinar
Tim Akpinar
answered on Sep 10, 2023

A Delaware attorney could advise best, but your question remains open for a week. Attorneys can't offer medical guidance, but as a practical matter, it would be advisable to be seen by a doctor if you have concerns about the injury you experienced. If doctors suspect injury that warrants... View More

1 Answer | Asked in Car Accidents and Personal Injury for Delaware on
Q: I was severely injured in a motorcycle accident. Why isn't the at fault person responsible for my medical? Delaware
Tim Akpinar
Tim Akpinar
answered on Feb 21, 2021

A Delaware attorney could advise best, but your question remains open for a week. I'm sorry for your accident and your injuries. You could continue to await a response here, but you could also reach out to local attorneys to try to arrange a free initial consult. Coverage for motorcycle... View More

1 Answer | Asked in Car Accidents and Personal Injury for Delaware on
Q: Can I open an emotional distress claim if an accident has left me unable to see my therapist

The insurance company decided the other driver was at fault for an accident I was in recently. My car is not drivable and as a result I can’t see my therapist who has said I should be there every week. I have really been struggling without access to therapy, is it worth opening an emotional... View More

Tim Akpinar
Tim Akpinar
answered on Mar 11, 2020

This sounds like it would be difficult case, if it were to be based on not being able to get to a therapist's office due to an inoperable vehicle, for which the fix could ordinarily be a rental vehicle or reimbursement of transportation expenses. Emotional trauma can be an element of damages... View More

1 Answer | Asked in Contracts, Criminal Law, Foreclosure and Personal Injury for Delaware on
Q: When is it possible for a lawyer to move a court or an arbitration hearing at a court without a claim or witness

the same individuals, as debt collectors for different entities, who are lawyers, has moved the court to sheriff sale two family properties, in less than four years, for an alleged debt and are currently attempting to move the court on a third family property, where I domicile, with no original... View More

Tim Akpinar
Tim Akpinar
answered on Feb 26, 2020

This is a matter for a Delaware attorney, but your post remains open for four weeks. It's difficult to tell exactly what is taking place, whether the other side is filing motions for change of venue. A quick consult with a Delaware attorney should be able to determine your best course of... View More

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?

Tim Akpinar
Tim Akpinar
answered on Dec 5, 2018

Evidence would be necessary to go to trial, but it’s possible there is evidence if an ambulance responded, you were taken to an emergency room, there was a police response, a property adjuster inspected the damage to your vehicle, etc. Without knowing what happened, it’s difficult to say what... View More

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1 Answer | Asked in Personal Injury for Delaware on
Q: Do you always get pain and suffering in an award?
Tim Akpinar
Tim 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
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
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.

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