They fixed the stairs after I fell.

This article addresses an evidentiary principle familiar to seasoned personal injury lawyers in Baltimore. When repairs are made to an instrumentality that has caused an injury, that fact is typically never comes out at trial. Maryland law provides that "subsequent remedial measures" are not relevant [and therefore not admissible] to prove fault or liability. There are exceptions to this rule, familiar to the seasoned personal injury lawyer in Baltimore; evidence of subsequent repairs is admissible to show the defendant had notice; or control of the instrumentality; or to show what the applicable standard of care owed to the plaintiff [e.g. were reasonable precautions, later taken, something that reasonably should have been in place prior to the accident].

Property damage in personal injury lawsuits

The notion that there is a correlation between the dollar amount of property damage in a motor vehicle accident, and the severity of a personal injury has some logical appeal. If a car’s front end is smashed in, then the occupants would seem...

Lost wages in personal injury settlements

The recovery of past lost wages in some personal injury claims amounts to little more than mathematics. The average weekly hours a person works before their accident, multiplied buy their hourly wage, multiplied by the amount of time missed....

Personal injury settlement: Medical bills

Maryland, like many states, has enacted a statute that sets the right of health insurance providers, or third party payors generally, to assert a claim on the proceeds of a personal injury lawsuit. Knowledge of these provisions is a key in getting...

How Much Will I get for my Personal Injury Case?

Of course the most important consideration in any personal injury award is the “in your pocket” number. After attorney fees, litigation costs, outstanding medical balances, and everything else has been accounted for: “How much do...

How much is the case worth?

Medical expenses are one variable in the value of any case. They impact the value in a direct sense. A claims adjuster, judge, or juror, at some point will be presented with those bills. The injured person is entitled to collect the amounts paid, in...

What is the value of an injury claim?

Two things remain true about the valuation of a personal injury case. One, it is one of the core functions of a personal injury lawyer – to assess the likely outcome of a claim at trial. Ideally, this is done with a balance of reason and...

How much is a personal injury case worth?

I’ve said elsewhere that it is by far any away the most common and frequent question that I’m asked. In addition, though, it is probably the most legitimate. The primary role of a personal injury attorney is getting their injured client...
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