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?
It’s three years for negligence. 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? As attorney Eric T. Kirk will tell you, if your claim is a tort [e.g. negligence] claim against the State of Maryland, you must notify the... 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 »
I Was In A Bus Accident. Do I Have A Claim?
Yes, if you sustained an injury, you do. Because, by definition, you were on a bus, and don’t have damage to your vehicle, it is unlikely, but perhaps not inconceivable, that you would have any type of property damage claim. But certainly, if you sustained an injury in an accident that., again by definition, could... Read more »
Who Is At Fault For A Car Accident If There Is No Stop Sign Or Red Light: The Boulevard Rule.
If you are involved in an automobile accident, and you had the “right of way”, the other driver is typically going to be found “at fault” for the accident– at least in the absence of contributory negligence. Some rules involving rights of way are common sense. The driver with a green arrow has the right of way. The driver... Read more »
Is The Owner Of The Car That Hit Me Responsible For My Injuries And Bills?
Yes, but it depends on the circumstances. There is a presumption that the owner of a vehicle is able to control the conduct of the driver, and so is responsible for it. That’s a presumption that is usually quickly overcome. Of course, Maryland law provides that the non-owner operator of a negligently driven vehicle is responsible for... 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 »
Is The Driver Of The Car That Hit Me Responsible For My Medical Bills And Injuries?
All Maryland drivers are charged with the obligation of using reasonable care for the safety of others when driving. Many Baltimore personal injury lawsuits come about when a driver fails to use that degree of caution and attention that an ordinary person would use under the circumstances. I’m Attorney Eric T. Kirk tells you, the nature of the... Read more »
