Monday, October 31, 2011
Baltimore personal injury lawyers who've handled medical malpractice matters are familiar with the concept. A physician is required to disclose all material risks of the specific treatment under consideration, prior to undertaking the treatment. They're required to disclose the type of condition and the treatment for it, alternatives, risks, and probability of success. Seasoned Baltimore personal injury lawyers are aware that a physician is generally not negligent concerning that course of treatment [ but not for future acts of negligence] if the warnings are given, and the patient consents.
Thursday, October 27, 2011
A child can be negligent. Baltimore personal injury lawyers know that a child is held to the standard of a reasonable child of like age intelligence and experience, under the same circumstances. A seasoned Baltimore personal injury lawyer will advise you that, although most five year olds don't get behind the wheel, a child under the age of 5, as a matter of law, cannot be negligent.
Monday, October 24, 2011
CAN THEY SEIZE MY CAR?
Maryland law provides that essentially any property used in connection with narcotics trafficking may be siezed by law enforcement, and forfeited to the State. Section 12-102 of the Criminal Procedure Article -Property subject to forfeiture- provides: "The following are subject to forfeiture: (1) controlled dangerous substances manufactured, distributed, dispensed, acquired, or possessed in violation of ... law; (2) raw materials, products, and equipment used, or intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting a controlled dangerous substance...; (3) property used or intended for use as a container for property described in item (1) or (2) of this subsection; (4) ..... conveyances, including aircraft, vehicles, or vessels used or intended to be used to transport, or facilitate the transportation, sale, receipt, possession, or concealment of property described in item (1) or (2) of this subsection; (5) books, records, and research, including formulas, microfilm, tapes, and data used or intended for use in violation of the Controlled Dangerous Substances law; (6).... money or weapons used or intended to be used in connection with the unlawful manufacture, distribution, dispensing, or possession of a controlled dangerous substance or controlled paraphernalia; (7) drug paraphernalia....; (8) controlled paraphernalia ....; (9) the ... balance of the proceeds of a sale by a holder of an installment sale agreement under § 12-626 of the Commercial Law Article of goods seized under this subtitle; (10) .... real property; and (11) everything of value furnished, or intended to be furnished, in exchange for a controlled dangerous substance in violation of the Controlled Dangerous Substances law, all proceeds traceable to the exchange, and all negotiable instruments and securities used, or intended to be used, to facilitate any violation of the Controlled Dangerous Substances law." Not surprisingly, money is the most common property seized pursuant to this section. The forfeiture law also provides that "[m]oney or weapons that are found in close proximity to a contraband controlled dangerous substance, controlled paraphernalia, or forfeitable records of the importation, manufacture, or distribution of controlled dangerous substances are contraband and presumed to be forfeitable." If you've had money property seized under this law, you may want to consult an seasoned lawyer. If a claimant can establish another, legitimate, source of the money, he or she may be able to rebut this presumption and regain their property.
Wednesday, October 19, 2011
According to National Institute of Arthritis and Musculoskeletal and Skin Diseases, the shoulder is composed of three bones: the clavicle (collarbone), the scapula (shoulder blade) and the humerus (upper arm bone). These bones are held together and operated by by a variety of tendons. Seasoned Baltimore personal injury lawyers are aware of the complexity of the shoulder, and the vexing problems experienced by those with shoulder injuries. The shoulder is not one joint, but actually series of joints. "One joint is where the head of the humerus articulates inside the glenoid cavity of the scapula, called the glenohumeral joint". [T] he acromioclavicular joint (A/C Joint) includes the ligaments, tendons, and bones where the acromion (on the shoulder blade) joins at the clavicle (collar bone)." [Healthpages.org]. The labrum is a ring of cartilage that keeps the ball of the humerus in the socket [glenoid cavity] of the shoulder blade. The rotator cuff is a set of muscles and tendons that connect the scapula to the humerus, and sheaths this glenoid cavity. Baltimore personal injury lawyers working with motor vehicle accident victims frequently common shoulder injuries that include: strains, sprains, dislocation, separations, tendonitis, bursitis, torn rotator cuffs, torn labrums, frozen shoulder, and fractures. [National Institute of Arthritis and Musculoskeletal and Skin Diseases].
Monday, October 17, 2011
Obviously, your lawyer has a great deal to do with your case, the amount of your recovery, and your success at trial. Nationally, plaintiffs win their cases a little over ½ of the time [60% for the overall period 1992 to 2005,], but just barely over ½ of the time in 2005 [53%, the last year national statistics are available]. Baltimore personal injury law is not a television show. You are unlikely to come across that Baltimore personal injury lawyer who "has never lost a case". But success at trial is a legitimate area of inquiry. You should ask you Baltimore personal injury lawyer the number of trials he or she has had in the last year. As for an approximation of their success rate. Insurance companies keep detailed records of lawyers that try cases, and those that do not.
Friday, October 14, 2011
HOW MUCH IS MY BALTIMORE PERSONAL INJURY CASE WORTH? SPECIFIC COMMON INJURIES Lumbar strain-sprain /Cervical strain-sprain [Whiplash]
Baltimore personalinjury lawyers handling motor vehicle and car accident cases deal with these types of injuries on a daily basis. A ligament is a sinew that attaches bone to bone. [e.g. the "ACL" / anterior cruciate ligament in the knee]. A tendon is a sinew that connects bone to muscle [e.g. the "Achilles tendon" in the leg]. When the forces involved in an automobile accident cause the ligaments in the neck and back to tear, doctors call this injury a sprain. When the forces involved in an automobile accident cause the tendons or muscles in the neck and back to fray or partially tear, doctors call this injury a strain. If the damage is severe enough, it's referred to as a full thickness tear. Sprains and strains are rated by severity from Grade 1 to Grade 3 [complete tear]. Injuries to the neck [cervical] or the back [lumbar] in auto accident cases are sometimes referred to collectively as strain/sprain. Baltimore personal injury lawyers practicing in the 70s, 80s and 90s would commonly see strain/sprain injuries to the neck referred to as "whiplash"- although use of this term is decreasing. [Baltimorepersonal injury lawyers practicing in a bygone era heard this condition referred to as "railroad spine".] In current parlance, cervical and lumbar strains and sprains are referred to as "soft tissue injuries". Although commonly used by medical professionals, the insurance industry often uses this phrase as a prejorative [e.g. "she can't be hurt, these injuries are all soft tissue".] Anyone who's ever had a cervical strain would justifiably be insulted by that statement. Common complaints of accident victims with these injuries are pain, pain on movement loss of range of motion, stiffness, tightness and the like. If pain radiates into the extremities, it may be evidence of a more serious condition. Physical therapy, anti-inflammatory and pain medications and chiropractic care are the common modalities of treatment. Most of these types of injuries resolve within three months.
Thursday, October 13, 2011
The short answer is it takes a while. The most recent national study conducted by the Department of Justice found that, nationally, it took 27 months from the date the tort lawsuit was filed to have the case decided by a jury. On the upside, more than half of all cases filed were decided in less than two years from the date of filing. Baltimore personal injury lawyers will tell you that Baltimore city, routine motor vehicle accident cases are generally concluded in less than two years.
Wednesday, October 12, 2011
HOW MUCH IS MY BALTIMORE PERSONAL INJURY CASE WORTH? What is the value of my Baltimore automobile accident?
The short answer is "not as much as it used to be". The most recent national study conducted by the Department of Justice found that- when adjusted for inflation- the average award in a motor vehicle accident case declined by almost 60% from $41,000 to $17,000 during the period 1992 to 2005. [Statistics from Civil Justice Survey of State Courts, Langton and Cohen, Bureau of Justice Statistics]. Baltimore personal injury lawyers see every day that the major insurance companies have done a great job of convincing jurors, and judges, that one simply cannot be hurt in a "low-speed" collision, or an accident the leaves little property damage. I know a lot of people who believed that line –until they themselves sustained a lasting injury as the result of a low speed / minimal property damage collision. Employing a seasoned Baltimore personal injury lawyer to handle your case and maximize your recovery has become more important than ever. [Statistics from Civil Justice Survey of State Courts, Langton and Cohen, Bureau of Justice Statistics].
Monday, October 10, 2011
The most recent national study conducted by the Department of Justice tells us that the median award in all tort case is $24,000.00 [just as many awards below that number as above it]. 2 out of 3 plaintiffs recovered $50,000 or less, while 4 out of 100 received a million or more. The median national award in a motor vehicle accident was $15,000 [again, just as many awards below that number as above it]. 4 out of 10 motor vehicle accident victims received less than $10,000. A seasoned Baltimore personal injury lawyer can give you guidance on a reasonable value range for your case. Do you have a million dollar case? [Statistics from Civil Justice Survey of State Courts, Langton and Cohen, Bureau of Justice Statistics].
Friday, October 7, 2011
The most recent national study conducted by the Department of Justice offers some interesting data on trials, generally, and degree of success, specifically. According to the data, only 3% of personal injury cases make it to trial. Plaintiffs win about 60% of the time. Take the time to discuss this with a Baltimore personalinjury lawyer. Every plaintiff, in my experience, thinks they have a case. Not everyone thinks they have a great case. Some do. But everyone thinks they "have a case". So, all those folks with cases, average to great, win a little more than ½ the time. A personal injury plaintiff in a tort case is most likely win in an animal attack case [75% win]. About 2 out of 3 automobile accident victims win. Most medical malpractice plaintiffs do not win [23%]. Most products liability plaintiffs in non-asbestos cases do not win [19%]. Outcome at trial is always risky. A seasoned Baltimore personal injury lawyer can improve your chances. [Statistics from Civil Justice Survey of State Courts, Langotn and Cohen, Bureau of Justice Statistics].
Wednesday, October 5, 2011
In the typical Baltimore personal injury case filed in District court, the plaintiff's medical records are admitted in evidence, and reviewed by the Court. In almost all cases, the treating or evaluating doctor is not called as a witness. In more serious Baltimore personal injury cases filed in Circuit court, doctors more frequently testify at trial, or by the use of a video taped deposition played at trial. The seasoned Baltimore personal injury lawyer can offer many reasons, both pro and con, for having a doctor testify. The most important, however, is often cost. Minimally, doctor's testimony, whether live or via video deposition, will cost $750-$1000. Some doctors will charge in excess of $5,000 to testify. The costs of the personal injury case, including expert witness fees, are paid by the client [although your personal injury lawyer may advance those costs], and obviously have a direct bearing on the amount of the ultimate recovery. Are there cases, though, where a doctor must testify? The plaintiff always has the burden of proof. Where the injury is apparent, or develops shortly after a negligent act, no expert [i.e. doctor's] testimony is needed to show causation. It is within the ken of the average juror. However, in a Baltimore personal injury casewhere the cause of the injury, and its relation to a negligent act involves detailed medical issues, outside of common understanding, then a doctor's testimony will be required. Strong v. Prince George's Co., 549 A.2d 1142.