Assumption of the Risk Defense Law in Baltimore Personal Injury Lawsuits
I Attorney Eric T. Kirk discussed the doctrine of contributory negligence in another chapter of this series. A similar concept sometimes asserted as a defense to a personal injury claim is ‘assumption of the risk’. Insurance companies may employ this as an argument during settlement discussion in an attempt to drive down the value of a... Read more »
Do You Have To Communicate With Your Insurance Company After Being Injured in an Auto Accident?
While some car accidents are unpreventable, others result out of someone else’s negligence or recklessness. When injured drivers are involved in the latter, they not only have the stress of dealing with injuries and car damage, but they can also be confused about the course of action they should take to hold the other driver... Read more »
Does A Computer Program Determine the Value of a Personal Injury Case?
The use of settlement software by the insurance industry is a well-kept secret, generally. Allstate, which is believed to still use a specific computer program to arrive at a settlement offer-called Colossus- has been compelled by regulatory authorities to disclose the use of the system. Indeed, they now send you a letter if they stating... Read more »
What Does The Insurance Company Consider A Minor Accident?
It happens every day. A relatively “minor” motor vehicle accident. What is minor to some, may not be minor to others. For the participants, few accidents are minor. Certainly, insurance companies will endeavor to characterize most car accidents as “minor”. When I say minor, I talking about an accident where the involved vehicles are driveable, and no... Read more »
What Type of Conduct is Considered Negligence Under Maryland Law?
The law imposes on us a duty to act prudently under a given set of circumstances. This is what lawyers recognize as the ‘reasonable person standard’. The law charges all drivers, for example, with the obligation to do what a reasonable person would do in a given set of conditions, and to refrain from doing... Read more »
Why Are You A Baltimore Personal Injury Attorney?
Perhaps surprisingly to some, it can be a tough way to make a living. I’m actually a big fan of lawyer jokes and slurs, but I’ve also always objected to the label “ambulance chaser” and the like. Are there lawyers who pay staff in hospitals to sign up injury victims? There may be, I don’t... Read more »
If Snow or Ice Was Involved in the Accident, Can I Sue For Personal Injures?
The presence of ice is not a bar to bringing a personal injury claim. While claims are not prohibited, it can make recovery more difficult. It may happen relatively infrequently, the area can get hit with massive amounts of snow in a short period of time. You may recall that Baltimore got 2 ¼ feet... Read more »
What Happens if Two Drivers Caused the Accident?
Certainly, the typical car accident occurring on Maryland’s highways involves one vehicle, unfortunately, coming into contact, with varying degrees of force. Certainly, that is not the only way an accident can occur. We’ve sen accidents where: As Attorney Eric T. Kirk will tell you. A car strikes the car in front, causing that car to be... Read more »
What Happens When the Insurance Company Denies My Claim?
Does the insurance company have to have a reason to fight or deny my claim? That’s another question any seasoned Baltimore car accident lawyer has heard hundreds of times, and most will tell you the practical answer is “No”, they don’t. The Maryland Insurance Code tells us it is unlawful for an insurer to deny... Read more »
How Do I Determine Who had the Right of Way and Who is at Fault for the Accident?
If you are involved in an automobile accident, and you have the “right of way”, the other driver is typically going to be considered at fault for the accident. Some rules involving rights of way are common sense. The driver with the green arrow has the right of way. The driver with the solid green... Read more »
Uninsured Motorist Insurance Coverage
What is uninsured motorist coverage? Uninsured Motorist coverage is considered “first party” insurance. Like health, or perhaps disability insurance, it is your insurance. You pay the premiums. You have a policy with your insurance company. Your insurance company owes you some duties of fair dealing. And, if a loss happens, you can look to your... Read more »
How long will my Baltimore personal injury case take?
It’s the third most frequent question in my business. Like the other two: “Do I have a case”, and “How much is my case worth”, the answer depends on any number of variables. Even though the answer is going to vary from case to case, some generalizations can be made. The length of time to... Read more »
