The Path To Obtaining Financial Compensation In The Aftermath Of A Baltimore Automobile Accident: Phase III
In articles I and II in this series, I’ve explored what should happen in the immediate wake of an accident or personal injury-causing event. This culminating entry details the final phase when a personal injury “claim” evolves into a personal injury case [i.e. a lawsuit]. Baltimore Personal Injury claim, Phase III: Litigation. Where an... Read more »
The Path To Obtaining Financial Compensation In The Aftermath Of A Baltimore Automobile Accident: Phase II
The previous article in this series details the various steps taken by my office after a Baltimore personal injury-causing event, as well as detailing that vial “first step” advice from an experienced personal injury attorney. Once the injured person has healed, the next step can commence. Baltimore Personal Injury claim, Phase II: Demand and Negotiation.... Read more »
The Path To Obtaining Financial Compensation In The Aftermath Of A Baltimore Automobile Accident: Phase I
During the last 25 years or so of handling automobile accident claims, I have found that a frequently and commonly asked question -perhaps the most common- is: “What are the next steps in this process?” And of course, it’s perfectly understandable that a person, who has just been injured in a Baltimore car accident might... Read more »
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 ?
Direct Answer: Yes. Under the legal doctrine of respondeat superior, you may seek recovery from a business if their employee causes an accident while conducting the employer’s business. Identifying an employer as a defendant is technically significant because commercial policies may carry limits exceeding $1,000,000, compared to the $30,000 Maryland personal minimum. Primary Risk: The... Read more »
After the Accident I Can’t Have Sex With My Wife/Husband, or Have It as Often
Can I recover damages if an accident affects my relationship with my spouse in Maryland? Yes—if a serious injury caused by someone else’s negligence materially affects your marriage, Maryland law allows a joint claim for loss of consortium. But this claim rises or falls on proof: the injury must be real, medically supported, and shown... Read more »
Does The Amount Of Damage To My Car Effect The Value Of My Personal Injury Case?
Does the Amount of Damage to My Car Affect the Value of My Baltimore Personal Injury Case? Short answer: Yes—insurance companies use property damage as a proxy to reduce claim value. But there is no medical or scientific rule that low vehicle damage means no injury. Main risk: your claim is labeled “minor” and undervalued... Read more »
Low Speed Collision, No Property Damage, Insurance Denials and Denied Claims
Low-Speed Collision and No Property Damage: Insurance Denials Explained Direct Answer: Insurers often deny claims involving low-speed collisions by arguing that minimal property damage precludes the possibility of significant physical injury[cite: 1]. This “minor impact” defense is a common driver of Soft Denials, where the carrier acknowledges the event but refuses to pay based on... Read more »
Can I Recover Punitive Damages in a Baltimore Car Accident Case?
Usually no. In a routine Baltimore car accident case, the real damages claim is for compensatory damages such as medical bills, lost wages, pain and suffering, and other actual losses. Punitive damages are different, far narrower, and generally do not enter the ordinary negligence case. The main disqualifier is this: bad driving, even very bad... Read more »
Can I Recover for Emotional Distress After a Baltimore Car Accident?
What If a Baltimore Car Accident Caused Anxiety, Fear, or Emotional Distress? Yes, emotional distress can matter in a Baltimore car accident claim, especially when it accompanies a provable physical injury or is supported by clear physical or medical consequences. The real risk is that an insurer will treat fear, anxiety, sleep problems, or emotional... 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 »
