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?
Yes. The drivers of motor vehicles on Baltimore 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... 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 »
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 »
