What Is The Liability of a Landlord for Injuries ?
A Baltimore landlord must take reasonable measures to ensure the safety of his or her tenants. A landlord has an obligation to keep “common areas” such as exterior walkways, paths, stairways and facilities free from dangerous and defective conditions. A landlord is not generally responsible for dangerous or defective conditions inside of a leased premises.... 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 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 »
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 Reasons Can The Insurance Company Use to Deny My Claim?
In theory, the reasons that an insurance company can use to deny a claim are as limitless as the imagination of the creative adjuster. So long as there is some factual basis for the denial, there are no limitations. Most insurance companies are huge entities with massive resources that dwarf those of the individuals with whom... 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 »
I’ve Been Sent to Mediation in Personal Injury Case.
Very possibly the finest trial attorney of this generation has stated: “there are always options”. In the context of a personal injury case, this is no less true. Yes, there are. Although mediation is typically ordered in most Maryalnd serious car accident cases, mediation is a voluntary process [parties can opt out by agreeing not... Read more »
Does The Other Driver’s Insurance Company Matter In Determining How Much I Recover?
It’s now been several years ago, but, at a time a lawyer’s group now know as the American Association for Justice [and formerly known as “ATLA” or the Association of Trial Lawyers of America], put out a fascinating publication called the ’10 Worst Insurance Companies in America’. https://www.justice.org/news/allstate-ranks-worst-insurer-consumers Insurance companies are massive, and profitable. It’s probably... 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 »