My Car Does Not Have A Lot of Damage. Does That Mean I Was Not Hurt?
It is a classic, prototypical, archetypal, insurance defense argument, advanced in thousands of courtrooms, thousand of times a day. As Attorney Eric T. Kirk will tell you. There is no visible property damage to the cars. Therefore, there could be no damage to the bodies of the occupants of those cars. A more relaxed, refined version... 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 25 years has had three common elements that I would believe- by definition- occur in every personal injury claim in the history of negligence lawsuits. As an initial matter- there must have been an accident. If there was no accident, there is... Read more »
Surveillance, Body Cam, Cameras, Footage, Film and the Maryland 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 »
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 »
Do I Have To Give A Recorded Statement To The Insurance Company In A Maryland Auto Accident Case?
As Attorney Eric T. Kirk will tell you. You must give a statement to your insurance company, but not the other side’s. Transcript No, you don’t have to give a recorded statement to the insurance company. We need to make a couple of distinctions here between a recorded statement and a deposition. A recorded... Read more »
Should I Go To The Doctor After My Maryland Car Accident?
As Attorney Eric T. Kirk will tell you. If you’ve been injured, you should get evaluated promptly. Transcript If you think you’ve been injured, you should absolutely go to a doctor, whether it’s after the car accident or for any other reason. My standard answer is if you know you’ve been injured, or you believe... Read more »
How Long Does It Take To Settle A Maryland Auto Accident Case?
Attorney Eric T. Kirk will tell you. Generally, within 3 to 6 months after treatment concludes, many cases can be settled. Transcript Each injury and each accident, of course, are unique and different so there’s no pat answer as to how long it should take to settle a case. I find that generally, within three... Read more »
How Is Fault Determined In A Maryland Auto Accident Case?
Attorney Eric T. Kirk will tell you. The rules of the road and general negligence principles are utilized. Transcript In Maryland, fault is going to be determined utilizing principles of general negligence and also the rules of the road. A judge or a jury would need to determine by a preponderance of the evidence that someone’s... Read more »
How Are Damages Calculated In Personal Injury Cases In Maryland?
Attorney Eric T. Kirk will tell you. Compensation is based on monetary and non-monetary factors. Transcript Maryland recognizes two classes of damage that are applicable to personal injury cases. On the one hand, you have economic damages and these are things like lost wages and the payment of medical expenses, perhaps some out of pocket... Read more »
What Information Should I Obtain After My Maryland Car Accident?
Attorney Eric T. Kirk will tell you. Identifying and corroborating information is vital. Transcript There’s certain information that’s absolutely vital. You should be familiar with the roadway that the accident happened on any intersecting streets. You should know the identity of the other driver. You should know their tag number and VIN number if possible.... Read more »
What If I Did Not Leave The Scene Of My Maryland Car Accident In An Ambulance? Can I Go To The Hospital On My Own The Next Day?
Attorney Eric T. Kirk will tell you. If you are hurt, you must be seen by a doctor. Transcript My standard advice is: if you think you’re hurt, you should absolutely be seen by a doctor. I’ve had countless people tell me over the years that the full extent of their symptoms didn’t manifest for one,... Read more »
What Happens If The Other Driver Involved In The Accident Is Not Insured Or Has Minimal Coverage?
Attorney Eric T. Kirk will tell you. You look to your uninsured or underinsured insurance coverage. Transcript If the other driver, the one that’s judged at fault for causing the accident, does not have insurance, you would look to your own insurance policy for recovery. The coverage that’s implicated here is called uninsured motorist coverage. It’s... Read more »
