Can I Recover for my Future Lost Wages in a Personal Injury Claim?
Past lost wages are generally a straightforward matter. In a serious personal injury action, though, the injured person’s future earnings must be considered. This occurs in two ways. If that injured person will be incapacitated for a period of time after the trial and was working prior to the injury, a reasonable measure of damages... 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 »
What Does A Jury Consider When Awarding Damages/Compensation for Personal Injury?
The job of personal injury counsel is to show how the law applies, favorably, to the factual circumstances of his or her client. As attorney Eric T. Kirk will tell you, Maryland law provides that jurors are instructed to consider several factors in fashioning an appropriate award: the nature and extent of plaintiff’s injuries, and... Read more »
Am I Entitled to Compensation for Future Problems or Future Expenses Due to My Injury?
Compensation for personal injury is fixed at the time of the resolution of the claim. If closure occurs by settlement, the injured person will be required to sign a document called a release, will operate to forever bar any compensation that person may have been entitled to collect from the negligent party. If the ultimate resolution of the case... Read more »
Is Interest Added To My Personal Injury Settlement, Judgement, Verdict Or Award?
If you resolve your personal injury case by way of a settlement, compensation is typically paid at the time of settlement, especially where there is an insurance company involved. If the settlement funds are not paid immediately, generally the terms of the settlement would control is interest is allowable. As attorney Eric T. Kirk will... 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 »
How Is Negligence Defined? What Does it Mean to Be Negligent?
Maryland juries are instructed that negligence is doing something that a person using ordinary care, caution and prudence would not do, or, in fact doing something that a reasonably cautious person would not, under the circumstances. As attorney Eric T. Kirk will tell you, the standard is typically that of hypothetical “reasonable person”. The question... 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 »
What Is The Statute Of Limitations For A Baltimore, Maryland Personal Injury Claim?
Most people who don’t work in the legal system are familiar with the “statute of limitations”. But, are there other time limits that apply? Maryland law provides special time limits and notification requirements. An experienced Baltimore personal injury attorney can provide you with guidance on these specific procedures. The general time frame for filing an... Read more »
Is It Too Late To Sue? What Is The Status Of Limitations For A Medical Malpractice Claim?
In Maryland, a negligence action generally must be filed by a personal injury attorney within 3 years from the date of injury. However, an action for damages relating to providing, or failing to provide, professional health care services must be brought within the earlier of 5 years from the date of the act leading to... Read more »
What Should You Do After You’re Involved In An Automobile Accident?
An experienced Baltimore personal injury attorney will have specific recommendations about steps you need to take to protect yourself and your rights. Your actions immediately after an automobile accident can actually impact what your case may ultimately be worth. For years, major insurance companies have been circulating lists of post-accident advice, and many of the... Read more »
Can A Child Be Negligent Or Contribute To His Or Her Injuries?
The law of five jurisdictions, Alabama, District of Columbia, Maryland, North Carolina, Virginia, contains the doctrine of “contributory negligence”. This principle, a leftover vestige from the common law of England, hundreds of years old, operates to deny any financial recovery whatsoever to an auto accident victim found to be responsible, in even the smallest measure,... Read more »
