Articles

 

Over the course of the last decade, I've published in excess of 700 articles in the areas of personal injury, criminal defense, workers' compensation and insurance disputes, generally. If you can't find what you're looking for, feel free to contact me to discuss the details of your case and learn how I can help.

Maryland UM/UIM Claims: What to Do If Insurance Is Not Enough or Your Insurer Will Not Pay



What Happens If Insurance Is Not Enough or Your UM/UIM Insurer Will Not Pay in Maryland? If the driver who caused your Maryland accident has no insurance, not enough insurance, or an insurance company refuses to pay what should be available, the next source of recovery is often your own uninsured or underinsured motorist coverage.... Read more »


Does the Insurance Company Use A Computer to Determine How Much I Get for my Personal Injury?



Does the Insurance Company Use a Computer to Determine My Claim Value? Direct Answer: Many major insurance carriers utilize algorithmic software like “Colossus” to determine settlement ranges for injury victims. This automated process often leads to Soft Denials, where a claim remains in administrative limbo or is subject to a valuation that does not reflect... 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 »


Can I Sue A Landowner or Store Owner If I get Hurt on Their Property?



When one is injured on the property of another [ e.g in someone’s home or on their land, or in business premises like a story or theater] the claim for personal injury that may ensue is typically referred to as a “premises liability claim”. As attorney Eric T. Kirk will tell you, the outcome may depend... Read more »


What Is The Liability of a Landlord for Injuries ?



A landlord may be liable for injuries in Maryland when a dangerous condition in an area the landlord controls causes harm. The most common examples involve common areas such as exterior walkways, stairs, paths, hallways, and similar shared spaces. The biggest threshold issue is duty. In premises cases, your right to compensation can depend on... Read more »


Can the Insurance Company Say My Injury is Pre-Existing ?



Make no mistake, an insurance company will frequently seize on any prior mishap, accident or injury, no matter how slight or remote.  Can the Insurance Company Say My Injury is Pre-Existing ? Baltimore Personal Injury Lawyers answer: YES Will the Insurance Company Say My Injury is Pre-Existing ? That insurance company may argue that any... 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 »


The Insurance Company Denied My Claim Saying it was an Emergency



Maryland drivers are charged with the obligation of using reasonable care to avoid car accidents, and generally for the safety of others when driving. However, the nature of that duty may change depending on the circumstances. A driver faced with a sudden and real emergency situation, not a result of that driver’s misconduct, is required... Read more »


Can Insurance Company Say “No One” Is At Fault for Causing A Baltimore Accident?



Can Insurance Company Say “No One” Is At Fault for Causing A Baltimore Accident? You bet they can, and do. Personal injury lawyers have heard this argued one more than one occasion. Whether it is phrased in terms of “act of god”, “unavoidable accident” or some strain of “sudden incapacity of a driver”, lawyers representing... Read more »


What If I Can’t Find The Person that Hit Me: The Hit and Run Accident



Navigating Claims After a Baltimore Hit-and-Run Accident If you’ve been injured in a hit-and-run accident or by an uninsured driver, you might feel overwhelmed and uncertain about where to turn. What If I Can’t Find The Person that Hit Me? The hit and run accident was not your fault. Are you entitled to compensation? An... Read more »


What is Personal Injury Protection Under Maryland Insurance Law?



Almost any Baltimore personal injury lawyer Attorney Eric T. Kirk will tell you that PIP benefits are ‘no-fault‘, ‘first-party’ insurance benefits. ‘No-fault’ means that if you get injured in an automobile accident, then no matter what the cause of the accident is, you receive the benefits.  Now, you can’t collect if you intentionally caused the accident, or if... Read more »


Is A Baltimore Owner Responsible For Personal Injury If Their Dog Bites Me?



Is A Baltimore Owner Responsible For Personal Injury If Their Dog Bites Me? Yes in most instances. Baltimore law provides the owner of an animal is charged with a duty or using ordinary care in controlling the animal. Some seasoned Baltimore personal injury lawyers like  Attorney Eric T. Kirk have litigated cases in which a... Read more »


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