What is Involved in Personal Injury Litigation?
Litigation is not quite simply going to court for a trial. It’s a process rather than event. When attempts at reaching an amicable settlement of a case have failed, the filing of a lawsuit is the next step in the process. Statistics show us that most cases settle prior to the filing of a lawsuit.... Read more »
Mediation in a Baltimore Personal Injury Case?
Mediation is a process that allows parties in a personal injury lawsuit to resolve the case short of going to trial. Many states have gone through a mandatory mediation process in every case. Maryland courts refer the parties to mediation as a matter of course once a complaint and answer have been filed. Maryland law,... Read more »
Baltimore Personal Injury Claims
Personal injury claims can be thought of as falling into three broad categories. Perhaps the most common are those resulting from negligence. An example would be the careless operation of a car leading to an accident causing injury. Claims may also arise from intentional misconduct like an assault causing injury. A narrow class of claims... Read more »
Is My Car Accident Captured on Film By A Surveillance Camera?
The factual details surrounding a car accident are obviously important. The sequence of events, the timing, the “how” and “why” of the occurrence determines who is responsible for the accident. In Maryland, causation looms large because of the role of contributory negligence. Maryland is not a comparative fault state -where the individual fault of each... Read more »
Can A Lawyer Guarantee I Will Win My Personal Injury Case?
I’m Attorney Eric T. Kirk sometimes asked by my clients – “ Am I going to win my personal injury case at trial?” Of course that is an impossible question to answer for a lawyer. An attorney doesn’t make the decisions on the case -juries do. Rather, a lawyer presents the evidence, argues the law, argues the... Read more »
Who Should I Talk To After A Car Accident? Do I Have To Call The Police? Should I Talk to The Other Insurance Company?
I have outlined in other guides suggested steps to take after an accident. One question that frequently comes up is who should you talk to, and who should you not talk to? You should speak to the following people: The investigating or responding officer, EMTs, or other medical personnel that respond, or that you see... Read more »
Is Allstate Insurance Company Going to Give Me a Good Settlement Offer?
Allstate makes an staggering amount of money. But, Is Allstate Insurance Company Going to Give Me a Good Settlement Offer? The money has to come from somewhere. Here is what Allstate itself says about its profitability. “Overall, Allstate had net income of $2.1 billion in 2015. Operating income*, which excludes capital gains and losses, was also $2.1 billion”1... Read more »
If I Get Hurt On Someone’s Property Are They Automatically at Fault or Liable?
It’s an unfortunate fact of our existence that unexpected things happen everyday that injure people. When discussing a liability determination in a personal injury case, a concept that I often see overlooked is that of responsibility for the injury. I Attorney Eric T. Kirk sometimes meet with people who have drawn a straight causal connection line... Read more »
Insurance Company Denies Baltimore Injury Claim, Saying “Soft Tissue” / “Minimum Impact”
MIST may be acronym for Minimum Impact, Soft Tissue. Can The Insurance Company Deny My Claim By saying “Soft Tissue” Or “Minimum Impact”? From a legal standpoint, words have meaning, and this terminology is often a red flag that the insurer intends to minimize or challenge the claim. If they categorize an injury as “just... Read more »
Can I Switch Personal Injury Lawyers?
The answer is yes. Lawyers are no different in this respect than any other profession. If you were not happy with the work that an auto mechanic was doing on your car -you would find a different mechanic. If you were not happy with the work your doctor was doing, you would find a new... Read more »
What Is Maximum Medical Improvement?
Learn more: As Attorney Eric T. Kirk will tell you. Maximum Medical Improvement in an Injury Case.
A Maryland Insurance Company Has Sent Me To See Their Doctor. What is an Independent Medical Exam [IME]?
If you are asking this question, chances are you have been involved in some sort of accident and as a result, your insurance company can require you to visit a physician of their choice. As daunting and frustrating as this may seem, it is important to understand that this is a normal process when determining... Read more »
