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Articles

 

Over the course of the last decade, I've published in excess of 700 articles in the areas of personal injury, criminal defense, workers' compensation and insurance disputes, generally. If you can't find what you're looking for, feel free to contact me to discuss the details of your case and learn how I can help.

Is Enhanced Underinsured Motorist Insurance Coverage Offered in Maryland?



Maryland, a few years ago, enacted statutory provisions requiring insurance companies writing automobile business in this state to offer a form of uninsured coverage called “enhanced underinsured” coverage. The additional offering came into play for policies dated July 1, 2018 and after. The significant difference, other than the increased premiums, is that with the enhanced... Read more »


How Long Does It Take For A Personal Injury Case To Go To Trial?



The answer to these commonly asked questions depends on whether you are a participant in a civil or a criminal matter. In either scenario, the anxiety that goes along with waiting for one’s day in court is perfectly understandable. If one is a defendant in a criminal case the uncertainty and stress surrounding an impending... Read more »


Is it Possible to Stop Someone from Testifying Against Me? Volume II



This article addresses specific privileges that exist in Maryland’s evidence code that allow the holder to keep others from divulging confidential matters in open court. These rules do not allow one to keep a witness from walking into a courtroom, nor do they allow a method to prevent a witness from answering all questions posed.... Read more »


Can I Recover For Stress Related Injuries at Work?



20 years ago, Maryland ’s highest court ruled that the worker’s compensation commission may recognize a PTSD claim, so long as the fairly stringent standards of the workers’ compensation statute are met. ” PTSD may be compensable as an occupational disease under the Workers’ Compensation Act if the claimant can present sufficient evidence to meet... Read more »


Why Is My Insurance Paying If Baltimore Accident Was Somebody Else’s Fault?



It’s a scenario that recurs frequently. I’ve found that an understanding of the differences between first-party and third-party insurance can go a long way to answering this question. Personal injury protection [or PIP] and collision or comprehensive coverage are the first party coverages applicable to the typical car accident case. PIP often pays on your... Read more »


How Long Do I Have To Wait To Get My Car Fixed After A Motor Vehicle Accident?



The typical motor vehicle accident resulting in property damage generally results in four possible scenarios 4 under pursuant to which the damage can be repaired. The car can be repaired by, or repairs can be paid for by, your insurance company. This would be handled pursuant to what is commonly known as collision coverage on... Read more »


How Is A Baltimore Personal Injury Claim Different From Baltimore Personal Injury Protection Claim?



If you have been injured in a car accident, you may find that you have multiple claims arising from that same accident. An experienced personal injury lawyer Attorney Eric T. Kirk can assist you in determining which claims are appropriate, and ensuring that you receive adequate, complete compensation. Regardless of who was at fault for the... Read more »


What are the 5 Most Common Items of Evidence in a Motor Vehicle Accident?



Any motor vehicle accident will have evidence. By far and away the most common form of evidence is going to be testimonial, i.e. the statements of the participants about how the accident occurred. Less frequently, there may be testimony from a witness about the mechanics of the accident. Fairly often, there is photographic evidence, both... Read more »


Citation for Negligent/Reckless Driving After Baltimore Car Accident



Citation for Negligent/Reckless Driving Causing Baltimore Car Accident? The mere fact that an at fault driver is issued a Citation for Negligent/Reckless Driving Causing Baltimore Car Accident is generally not admissible in a subsequent personal injury claim. This is a rule of evidence known to experienced Baltimore Personal Injury Attorneys. But, it can depend on... Read more »


Can I Use Witness Statements From An Accident At The Trial Of A Personal Injury Case?



The gathering and preservation of information about an accident is a vital role of an effective personal injury attorney. Rarely is an attorney at the scene of the event as it unfolds, so it is absolutely essential that the names, addresses, emails and phone numbers of all witnesses to any accident-  whether that’s a car... Read more »


I Was Uninsured During Baltimore Motor Vehicle Accident. Compensation For My Losses?



If you were operating a motor vehicle in Maryland without carrying the required insurance coverage on that car, you may have committed a violation of the Transportation Article. If you were involved in a motor vehicle accident under those same circumstances and did not cause or contribute to that accident, the fact that you were... Read more »


If I Have A Prior Accident Or Injury Will It Affect The Value Of My Personal Injury Case ?



Where a subsequent injury is superimposed upon a prior injury to the same part of one’s body, or upon an area for which one has received prior medical care, complicated medical questions can certainly arise. In my Attorney Eric T. Kirk experience what we can take away from this scenario are the following: A prior injury... Read more »


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