After the Accident I Can’t Have Sex With My Wife/Husband, or Have It as Often
If you’re injured by the negligence of another the law recognizes your right to recover. What if you are married, and your injury affects the nature and quality of your relationship with your spouse? Attorney Eric T. Kirk says as for your medical expenses, lost wages and pain and suffering, an experienced Baltimore personal injury lawyer... Read more »
Do I Have to Repay Medical Bills from My Personal Injury Settlement ?
Many injured people are fortunate enough to have insurance, and their Personal Injury Protection [PIP]*, health, employer, private disability insurance, or any combination of those sources pay for some past or future lost wages, or some past or future medical care. In some instances, a federally funded insurance substitute such as Medicare or Medicaid makes... Read more »
Is There A Limit On How Much I Can Recover In A Personal Injury Case ?
Maryland, through it legislature, has chosen to limit the amounts recoverable by those injured by the negligence of others. Experienced Baltimore personal injury lawyers are all too aware that “in an action for personal injury, pain, suffering, inconvenience, physical impairment, disfigurement, loss of consortium, or other nonpecuniary injury…”and “[i]n an action for wrongful death, mental... Read more »
Does the Insurance Company Use A Computer to Determine How Much I Get for my Personal Injury?
Many major insurance companies allow a computer to determine how much injury victims should collect. This may come as shock to many, but more than ten years ago, most insurance companies began using computer software to determine the amounts they would pay to a victim of negligence. The maker of “Colossus” -Computer Sciences Corporation– realizes enormous... Read more »
Does The Amount Of Damage To My Car Effect The Value Of My Personal Injury Case?
It absolutely does. The insurance industry’s approach to cases in which the property damage is less than $1000 is explored in other guides. For the purposes of this discussion, note that a low property damage number may mean the insurance company will refuse to pay you anything at all. Several years ago, 70 of the... Read more »
Low Speed Collision, No Property Damage, Insurance Denials and Denied Claims
The insurance industry created the argument years ago that low-speed collisions or accidents where the cars are not mangled cannot lead to significant injury, and have successfully argued that position to juries and judges, repeatedly, throughout the country. Not all doctors think so. As attorney Eric T. Kirk will tell you, “It is wrong to assume that maximum neck... Read more »
Can I Recover Punitive Damages in a Car Accident Case?
In a Baltimore personal injury or insurance denial case, understanding what types of damages are available is vital when assessing both available monetary compensation, and making important legal decisions. Two primary categories of damages in civil litigation are compensatory and punitive damages — and they serve very different purposes under Maryland law. In an extraordinary... Read more »
Does a Pedestrian in a Crosswalk Have the Right of Way?
The drivers of motor vehicles on Maryland roadways have a duty to use ordinary care to prevent car accidents and injury to others, and those crossing Maryland streets owe a duty to use ordinary care for their own safety. Crosswalks have some associated special rules. A crosswalk may be marked or “unmarked” [i.e. within the... Read more »
Slipped on Black Ice. Can You Sue for your Injuries?
I slipped on the ice. Can I sue? Does it matter if it was “black ice”? As discussed in other articles, Maryland employs the archaic doctrine of “contributory negligence” which bars any financial recovery to a Baltimore accident victim if they bear even the slightest responsibility for contributing to their injury. Baltimore personal injury lawyers... 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 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 I Recover Past or Future Lost Wages/Income in a Personal Injury Case?
I’m missing work. I lost my job. Can I recover my lost wages? What about future wages? These are all difficult and trying realities confronted by those injured in car accidents, or other personal injury-causing events. Of course, the answer is “Yes”. As attorney Eric T. Kirk will tell you, if you are injured by... Read more »
