Can I Sue a Public Official If They Hit Me ?
Knowledgeable Baltimore personal injury lawyers are aware that an official of a municipal corporation is immune from suit for their official actions, while acting in a discretionary capacity, in the absence of malice. However, an official of a municipal corporation is not immune from claims for negligence arising from the operation of a motor vehicle... Read more »
How does My Lawyer Prove I was Injured in a Baltimore Car Accident?
Every injury victim in a litigated case has no doubt wondered: “How does My Lawyer Prove I was Injured in a Baltimore Car Accident? In another chapter, I discussed the ‘burden of proof’, i.e. what a Baltimore city personal injury trial lawyer must carry to prove that the defendant is responsible for the accident or... Read more »
What Happens If You Sustain a Concussion or TBI in a Maryland Automobile Accident ?
15% of people sustaining concussions in a car accident will develop severe, permanent symptoms. Within the last few years, the prevalence and potential severity of head injuries have moved to the forefront of public awareness. Motor vehicle accidents are the leading cause of concussions. 1 The Mayo Clinic tells us that “[a] concussion is a traumatic brain injury that... Read more »
Can An Insurance Company Deny My Claim and Say Their Driver was Not Negligent or At Fault ?
We discussed in another chapter that proof of a violation of law, ordinance or code can be presented, and may be considered as some evidence of negligence in a Baltimore personal injury case. However, unless the conduct that constituted the violation was also a negligent act that directly caused the injury, there is no responsibility.... Read more »
Am I Responsible if my Child Causes a Car Accident?
Am I responsible for my child’s negligence? Generally, personal injury lawyers in Baltimore will tell their clients the answer is “no”, which makes any parent whose child is about to get their driver’s license, exhale, forcefully, with relief. This is not the rule in all jurisdictions, I Attorney Eric T. Kirk will tell you. There are... Read more »
When Is It Legal to Pass a Car in Maryland?
Personal injury lawyers in Baltimore can tell you some of the basic rules about passing, and attorney Eric T. Kirk will tell you. You’ve got to do it on the left. You can’t in a no passing zone. You can’t do it if a hill or curve obscures your view. You’ve got to get back... Read more »
Is It Legal To Pass A Car on the Right In Maryland?
Personal injury lawyers in Baltimore know the general rule that passing is allowed only on the left. More than a few car and motor vehicle accidents have been caused by one vehicle trying to pass another on the right. Of course, as with anything else, there exceptions to the general rule of passing only on... Read more »
Can An Insurance Company Put Used Parts in My Car?
Although it’s not directly related to the value of the injury component of a personal claim, Baltimore personal injury lawyers know the amount an injury victim gets for the damage to their vehicle is certainly a component of the overall value of the claim- although there is no scientific or medical evidence that supports this... Read more »
Are There Rules For Baltimore Insurance Claims Adjusters?
Many states and localities have enacted rules that govern what an insurance claims adjuster does, says, and how they act. Baltimore does not have a comprehensive set of rules for insurance claims adjusters. Maryland has chosen not to enact a specific training or experience requirements that govern claim adjusters. An ethical rule in effect in... Read more »
What is Insurance Policy Stacking?
We’ve discussed in other chapters that the availability of insurance, and the amount of that insurance is often the most important single factor in assessing the value of a case. If you can recover from more than one policy, your case has a greater value, or at least a greater possible maximum value. Stacking is... Read more »
Can I Recover More Than The At Fault Driver Has For Insurance? What is an Excess Judgment?
The answer is “yes”, but it’s not easy. One scenario is the “excess judgment”. For example, assume your Baltimore car accident case goes to trial, and you receive $40,000, and the defendant was insured for $30,000. The insurance company for the defendant pays the $30,000. But by the terms of the policy, that is the... Read more »
Can I Collect That Judgment? What is a Garnishment?
We’ve discussed in other chapters the bane of Baltimore personal injury litigation, for victims and lawyers alike– the uninsured defendant. The same sort of frustration can set in where there is limited insurance, and a sizeable excess judgment above the policy limit. As Attorney Eric T. Kirk will tell you. There are more than a few... Read more »
