Delaware: Recovering Damages When an Accident Aggravates a Pre‑Existing Back Condition
Detailed Answer — Can you recover for an aggravated pre‑existing back condition in Delaware? Yes. Under Delaware personal‑injury law, a person whose pre‑existing back problem is worsened by another party’s negligence can seek damages for the aggravation. Courts apply the principle that a defendant must “take the plaintiff as found,” meaning the defendant is responsible […]
Read article →Delaware — Do you automatically get estate authority if appointed guardian of the person?
Short answer No. In Delaware, being appointed guardian of the person does not automatically give you authority over the incapacitated person’s estate or finances. The court must separately appoint a guardian of the estate (sometimes called a conservator or guardian for the property). A single court order can name the same person to serve in […]
Read article →What to Do When an Insurer Says They Never Received Your Letter of Representation — Delaware
When an Insurer Says They Never Received Your Letter of Representation: Clear Steps to Protect Your Client and Your Case Detailed Answer — What to do under Delaware law If an insurer tells you it never received your letter of representation, act quickly and deliberately. Communication failures are common, but they can create real risks: […]
Read article →Bringing a Civil Claim After an Assault in Delaware
Short answer If someone assaulted you in Delaware, start by securing your safety and medical care, document everything, report the incident to law enforcement, and then pursue a civil claim (a personal-injury/assault & battery lawsuit) promptly. Delaware has time limits for filing civil claims, so act quickly and consult a lawyer to protect your rights. […]
Read article →Evidence Needed to Prove an Assault Claim in Delaware
Short answer Proving an assault claim in Delaware requires evidence that shows the elements of the claim were met. That evidence can be physical (injuries, photos), documentary (medical records, messages), testimonial (witness statements, victim testimony), and electronic (video, audio, 911 calls). The precise proof needed depends on whether the claim is criminal or civil and […]
Read article →How to Reopen a Closed Auto Damage Claim in Delaware
How to get an auto insurer in Delaware to reopen a closed damage claim Short answer: Gather any new or overlooked evidence, send a clear written request to the insurer asking that they reopen the claim and explain why, demand an acknowledgement and a deadline, preserve all communications, and if the insurer refuses, file a […]
Read article →Delaware: How to Remove a Squatter Before a Property Sale
Disclaimer: This information is educational and does not constitute legal advice. Consult a Delaware attorney about your specific situation before taking action. Detailed Answer: Removing an unauthorized occupant from a Delaware property When someone occupies real property without the owner’s permission, they are commonly called a squatter. Delaware law recognizes different remedies depending on whether […]
Read article →Finding Medical Providers Who Will Treat on a Lien in Delaware
Getting Medical Care on a Lien for a Delaware Personal Injury Claim This FAQ explains how medical liens and lien agreements typically work, how to find doctors or facilities in Delaware willing to treat you now and get paid from a future settlement or verdict, and what to watch for before you sign anything. This […]
Read article →Delaware: Can a Will Override an LLC Operating Agreement to Give My Business Interest to My Son?
What happens if you try to leave your LLC interest by will in Delaware? This FAQ explains how a will interacts with an LLC operating agreement in Delaware and what happens to an LLC interest when an owner dies. Short answer No — a last will generally cannot “override” a valid, existing operating agreement. Under […]
Read article →Delaware: Will Medical or Chiropractic Liens Reduce My Personal Injury Settlement?
Short answer Possibly. In Delaware, medical providers and chiropractors can assert claims for payment out of personal-injury settlement proceeds in several different ways (bills, insurance subrogation, recorded liens, or by suing you or your attorney). Whether those claims reduce your settlement depends on the type of claim, whether federal programs (Medicare/Medicaid) are involved, whether your […]
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