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 Do You Prove You Were Injured in a Baltimore Car Accident?
How Do Insurance Companies Fight Proof of Injury After a Baltimore Crash? You prove you were injured in a Baltimore car accident by tying the crash to the symptoms, the treatment, and the real effect on your life with evidence that people will actually believe. The biggest risk is not just weak medical proof. It... 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 Baltimore Car Accident?
Usually a parent is not automatically responsible just because the driver is their child. The real risk is that the facts may support a claim based on the parent’s own conduct, such as knowingly putting an unsafe driver behind the wheel or otherwise creating the problem. The next issue to evaluate is not the family... Read more »
What is a Civil Assault?
A high percentage of all civil lawsuits filed in Baltimore involved allegations of negligence, i.e. a victim sustained an injury because another failed to use the proper degree of care. What if a person sustains an injury due to the intentional conduct of another? As Attorney Eric T. Kirk will tell you, Knowledgeable personal injury lawyers in... Read more »
Will I Get Compensation for the Accident if There Is No Insurance?
Sometimes, but “winning” and “collecting” are not the same thing. If there is no insurance, or not enough insurance, you may still have a legal claim. The real problem is whether there is any practical source of recovery, such as uninsured or underinsured motorist coverage, collectible personal assets, or some other applicable policy. Main risk:... Read more »
The Insurance Company Denied My Claim. Do I Get A Refund?
We’ve explored in another guide what every Baltimore personal injury lawyer knows- insurance companies deny claims. Experienced personal injury lawyers in Baltimore know that it happens frequently. Consider a situation where your own insurance company –as opposed to the liability insurer of the other driver in a typical Baltimore automobile accident- denies your claim, As... Read more »
Does The Insurance Company Have To Have A Reason To Deny Or Fight My Claim?
Most Baltimore personal injury lawyers will tell you the practical answer is “No”, they don’t. The Maryland Insurance Code tells us it is unlawful for an insurer to deny a claim for “arbitrary” or “capricious” reasons. Unfortunately, one man’s caprice is may well be another man’s well-reasoned approach. Claims are denied- frequently. Unfortunately, we’re given... Read more »
The Insurance Company Says I Don’t Have PIP. How Does That Effect The Value of My Case?
Maryland law provides that personal injury is a coverage that you have it unless you say you don’t want it. Baltimore automobile accident victims sometimes find themselves faced with medical bills they for which they which believed they had personal injury protection coverage. A person may waive* their statutorily mandated PIP coverage, but, there are specific requirements:... 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?
What is insurance policy stacking in a Maryland injury case? Insurance policy stacking means trying to combine available coverages to increase the total amount recoverable after a crash. In Maryland, standard uninsured and underinsured motorist coverage generally cannot simply be stacked together that way. That is why policy limits, coverage elections, and whether enhanced underinsured... Read more »
