How Can The Court Determine Who Is Telling The Truth About An Accident Or A Personal Injury?
It comes as somewhat of a surprise to many individuals- especially those who are facing the daunting prospects of litigation for the first time– that simply getting on the stand and telling your story may simply not be enough to carry the day in court. While it may not necessarily come as a surprise that the... Read more »
What Are Three Common Elements Occurring In Every Personal Injury Negligence Case ?
Every personal injury negligence-based claim that I have handled over the course of 30 years has had common factors, that I would believe- by definition- occur in every personal injury claim in the history of negligence lawsuits. What Are Three Common Elements In Every Personal Injury Negligence Case ? As an initial matter- there must... Read more »
Three Common Elements In Every Baltimore Personal Injury Case ?
Three Common Elements in Every Baltimore Personal Injury Case Baltimore personal injury cases, whether stemming from car accidents, slip and falls, or professional malpractice, to be sure, share certain foundational elements that must be proven for a successful claim. Some argue the these common requirements are: Duty of Care – Baltimore drivers owe a duty... Read more »
What Do I Need To Win My Baltimore Personal Injury Case In Court?
In a Baltimore personal injury case, negligence must be proven by a preponderance of the evidence—that it’s more likely than not the defendant’s conduct caused the plaintiff’s injuries. The law recognizes four essential elements: duty, breach, causation, and damages. In a Baltimore civil case, the party seeking relief -which in the typical civil case is... Read more »
Surveillance, Body Cam, Cameras, Footage, Film and the Baltimore Car Accident.
In looking at some of the literature on the prevalence of closed-circuit TV, video surveillance, dash cams, body cam, drones, and any number of relatively modestly-priced visual surveillance devices for use in a private setting, one thing becomes obvious- they are everywhere. Literally. The statistics vary, but certainly the number of devices capable of recording... Read more »
Am I Entitled To Collect Pain And Suffering From My Own Insurance Company?
This is an interesting question. In order to understand the answer, one must first understand the types of insurance coverage available, and the types of damages awarded, generally, under Maryland law for injuries that result from an automobile accident. Maryland requires mandatory liability coverage on all vehicles. As Attorney Eric T. Kirk will tell you. This... Read more »
Can An Insurance Company Doctor Say I Was Not Injured. What Is An Insurance Independent Medical Examination?
It is quite common in both personal injury litigation and workers’ compensation litigation for an insurance company to retain a doctor to examine their claimant, plaintiff, or injured person. Invariably, As Attorney Eric T. Kirk in my experience, the opinions that come from such doctors are that: the person sustained some manner of modest injury but has now fully... Read more »
Should I Seek Legal Consultation After Being Involved In A Car Accident?
If you are involved in a motor vehicle accident, there are really only two outcomes. Either you caused the car accident, or someone else caused the car accident. There is a third possibility- extremely remote- where both individuals are equally at for causing an accident. But in the more common scenario, one driver or the other made... Read more »
Who Pays For My Medical Expenses After A Car Accident?
It is important to draw a distinction here between the upfront or initial, provisional payment of medical expenses and bills, and the ultimate responsibility for those charges. If it is ultimately determined that someone is at fault for the injury [e.g. a negligent actor in a personal injury case] then that liable person [or their... Read more »
Am I Entitled To Collect Lost Wages For Time Spent Going To The Physical Therapist After An Accident?
In the wake of an automobile accident or another personal injury-causing event the classic, paradigmatic, wage loss claim is one in which a doctor takes an individual out of work, i.e. issues a “disability slip”. The injured person, in accord with those instructions, misses a period of time so that they can recuperate from their... Read more »
Why Should Your Insurance Company Pay For Damages If You’re Not At Fault For A Baltimore Car Accident?
Your insurance company may be asked, after a motor vehicle accident, to cover three classes of loss: The cost of repair to your vehicle Incidental expenses such as the provision of a rental vehicle while your vehicle is being repaired Medical and or wage loss benefits under personal injury protection [PIP] coverage The concern frequently... Read more »
What Are My Options If The Insurance Company Won’t Pay My Baltimore Car Accident Claim?
Insurance companies can be quite creative and enterprising when setting forth reasons that a claim is denied, coverage is disclaimed, or otherwise not acted upon. If your claim is denied you have few options. You can file a claim with the Maryland Insurance Administration. My experience is that this organization is extremely effective at policing... Read more »
