Do Baltimore Maryland Attorneys Accept Small Dollar Value Personal Injury Cases?
Often, I am Attorney Eric T. Kirk approached by clients that have a dispute with a business. Perhaps a used car broke down soon after it left the lot, and the dealer is refusing to repair it, or a hair salon is refusing to redo a botched dye job. I’ve also seen personal injury claims... Read more »
Contributory Negligence in Baltimore. Can I Recover If I Cause or Contribute to Auto Accident?
The law of five jurisdictions, Alabama, District of Columbia *, Maryland, North Carolina, Virginia, contains the doctrine of “contributory negligence”. An experienced Baltimore personal injury lawyer will advise clients that this principle, a leftover vestige from the common law of England, hundreds of years old, operates to deny any financial recovery whatsoever to a car... Read more »
Can I Sue A Company If Their Employee Is Driving The Car Or Truck That Hit Me ?
You can make a claim against the business or company that employs the person that caused the accident, and the responsible driver as well. As a general rule, an employee of a business commits an act of negligence [ e.g. a car accident] that injures another, while conducting the business of that employer, an injury... Read more »
Does The Amount Of Damage To My Car Effect The Value Of My Personal Injury Case?
It absolutely does. The insurance industry’s approach to cases in which the property damage is less than $1000 is explored in other guides. For the purposes of this discussion, note that a low property damage number may mean the insurance company will refuse to pay you anything at all. Several years ago, 70 of the... Read more »
Low Speed Collision, No Property Damage, Insurance Denials and Denied Claims
The insurance industry created the argument years ago that low-speed collisions or accidents where the cars are not mangled cannot lead to significant injury, and have successfully argued that position to juries and judges, repeatedly, throughout the country. Not all doctors think so. As attorney Eric T. Kirk will tell you, “It is wrong to assume that maximum neck... Read more »
Can I Recover Punitive Damages in a Car Accident Case?
In an extraordinary case, you may be able to recover damages beyond those awarded for your economic [lost wages, medical bills etc.] and non-economic [pain and suffering, loss of enjoyment of life etc]. But the facts must be truly extraordinary. Punitive damages are not available, for example, in the typical personal injury or Baltimore car... Read more »
Can I Collect For My Mental Anguish Or Emotional Distress Or Injury From A Car Accident?
Of course if you sustain a serious physical injury due to the negligence of another, and there is accompanying emotional distress, recovery for that distress is not normally in question. What if there is no direct physical impact, just fright, fear, nervousness or the like that result from someone’s negligent conduct? “[I]n earlier times, courts... Read more »
I Was Injured by a Drunk Driver. Does Maryland Recognize Dramshop Liability?
A Dramshop Act is a law that imposes civil liability on the vendors of intoxicating liquor where, typically, that liquor is dispensed to someone who is obviously intoxicated, and that obviously intoxicated person then leaves the establishment and injures another, often in a DUI related auto accident. Maryland is one of the states that currently do not... Read more »
What Should You Do After You’re Involved In An Automobile Accident?
An experienced Baltimore personal injury attorney will have specific recommendations about steps you need to take to protect yourself and your rights. Your actions immediately after an automobile accident can actually impact what your case may ultimately be worth. For years, major insurance companies have been circulating lists of post-accident advice, and many of the... Read more »
I Was In A Bus Accident. Do I Have A Claim?
Yes, if you sustained an injury, you do. Because, by definition, you were on a bus, and don’t have damage to your vehicle, it is unlikely, but perhaps not inconceivable, that you would have any type of property damage claim. But certainly, if you sustained an injury in an accident that., again by definition, could... Read more »
Who Is At Fault For A Car Accident If There Is No Stop Sign Or Red Light: The Boulevard Rule.
If you are involved in an automobile accident, and you had the “right of way”, the other driver is typically going to be found “at fault” for the accident– at least in the absence of contributory negligence. Some rules involving rights of way are common sense. The driver with a green arrow has the right of way. The driver... Read more »
Is The Owner Of The Car That Hit Me Responsible For My Injuries And Bills?
Yes, but it depends on the circumstances. There is a presumption that the owner of a vehicle is able to control the conduct of the driver, and so is responsible for it. That’s a presumption that is usually quickly overcome. Of course, Maryland law provides that the non-owner operator of a negligently driven vehicle is responsible for... Read more »
