Friday, December 14, 2012
Recently, I’ve been discussing an alternative source of recovery for victims of personal injury. Thorough personal injury and accident lawyers in Baltimore MD have advised their clients of the potential for recovery. There are some important limitations. Like Baltimore personal injury lawsuits, a claim must be filed within 3 years. There is also a provision analogous to the “notice” requirements of some tort claims. The incident must be reported to the proper authorities within 48 hours. Experienced personal injury and accident lawyers in Baltimore MD know this requirement can be waived upon a showing of good cause.
Labels: Baltimore, Baltimore personal injury lawyer attorney, Baltimore car accident attorney, Baltimore car accident lawyer, Baltimore car accident lawyer attorney, Baltimore injury and accident lawyer
Friday, December 7, 2012
We’ve discussed in other volumes some methods of record used by insurance companies in an effort to pay less on claims. One is to delay the claim. Personal injury and accident lawyers in Baltimore MD have heard the litany of justifications: the medical expenses weren’t sent, waiting for a witness to give statement, there is a medical bill missing. Whatever the reason, a reality is that insurance company has massive assets at interest, and if they can earn interest for a while longer, they are more profitable. Personal injury and accident lawyers in Baltimore MD know the more likely reason is to put an injury victim at jeopardy. The injured person has missed work, has unpaid bills, and simply needs the funds. Delay makes that individual likely to accept less to get something.
Wednesday, November 21, 2012
Experienced and aggressive personal injury and accident lawyers in Baltimore MD realize a trio of situations where a worker’s compensation claim has an additional source of recovery for his or her client within it: where an outside actor is negligent causing injury to the employee; where a worker is hurt while using defective machinery; and where a worker is hurt to a dangerous or defective condition on real property. In these situations, the worker’s compensation carrier provides benefits: lost wages and payment of medical expenses. The injured worker also has a right of recovery against the negligent party. However, the worker’s compensation carrier providing benefits will have a lien, or claim on, that recovery from the third party. Personal injury and accident lawyers in Baltimore MD will explain the theory here is that there should not be a double recovery for the same injury.
Thursday, November 15, 2012
WHAT IS THE VALUE OF MY BALTIMORE PERSONAL INJURY CASE? I got hurt at work. Am I limited to worker’s compensation?
Some personal injury and accident lawyers in Baltimore, MD assume that answer is always “yes”. In another article, we’ve discussed three situations where there is the possibility of an additional claim. One, where there is active negligence on the part of a third party causing the injury [e.g. a Baltimore car accident occurring while someone is on the clock] might be separately actionable as a tort or negligence lawsuit. Of course, the possibility of an additional claim, personal injury and accident lawyers in Baltimore well know means the corresponding possibility of additional financial recovery for the injury victim.
Thursday, November 1, 2012
We’ve devoted a lot of space recently to a discussion of Baltimore car accidents: their cause, those involved, and, of course, the role of the insurance company –as all of these are significant factors in assessing the value of any claim. Let’s shift gears for a moment. Seasoned personal injury and accident lawyers in Baltimore, MD have no doubt handled, or heard of, a Baltimore ceiling collapse lawsuit. The usual scenario is that the tenant of a building sustains injury when the plaster, drywall, or other construction materials in the ceiling of their unit unexpectedly falls on them. Cynics, including some personal injury and accident lawyers in Baltimore, MD, have noted there may be some individuals sitting under a hole in their ceiling waiting for something to fall. Other, more jaded skeptics have suggested that the Baltimore ceiling collapse case should actually be referred to as a the Baltimore ceiling pull down case. Of course, the injured plaintiff must be able to prove the building owner know or had reason to know of the defective ceiling, which is often a significant hurdle. If you’ve sustained bodily injury due to the fault of another, contact a seasoned personal injury and accident lawyer in Baltimore, MD to determine the value of your claim.
Tuesday, October 23, 2012
A Baltimore City jury recently awarded $760,000 to the family of a woman tragically killed in a 2010 Maryland car accident. As experienced Maryland car accident lawyers know, the value of a claim is often capped by the amount of insurance. There apparently was $100,000 in uninsured/underinsured motorist coverage. The amount of insurance held by the at-fault driver is unknown, but most Maryland car accident lawyers would agree it is highly unlikely that it was $660,000.
Wednesday, October 3, 2012
A number of recent posts have dealt with the collective mentality of the insurance industry, well know to Maryland car accident lawyers. One example bears some attention. AIG is a major insurer that was ‘managed’ to the extent that it needed $170 billion dollars in taxpayer capital infusion just to keep from going under. “Too big to Fail”, AIG is now 80% government owned. When it got the bailout money, designed to keep it afloat, AIG earmarked 165 million to be paid, as bonus money, to the ‘managers’ that put the business in that position to begin with! 7 high ranking executives were to get more than 3 million in bonus money. [The New York Times, 3/14/09.] Many of my Maryland car accident lawyer colleagues wondered what kind of business rewards a performance like AIG’s with bonus money?
Tuesday, September 25, 2012
I’ve devoted a lot of space here, and elsewhere, recently to the insurance industry as a whole, and about some specific property casualty insurance companies. One perspective, well known to any Maryland car accident lawyer who’s negotiated a claim with an insurance company, probably warrants a little additional discussion. $100,000 would make a huge difference in the lives of most Americans. It doesn’t matter at all to a company that makes a billion dollars a year, and takes in 15 billion in revenue. The property casualty insurance industry is massively profitable on scales that most of simply can’t understand. Many Maryland car accident lawyers would offer you this illustrative example. Some adjusters are told to think about cases, or authorized to act in increments, e.g. $2500, that exceed the monthly takehome of many Americans.
Friday, September 7, 2012
Allstate is one of the major auto accident insurance companies in the land. Maryland car accident lawyers are familiar with the methods that Allstate uses to value, and defend against claims. Like any other business, an insurance company's profitability is dependent on taking in more money than it pays out. For an auto accident insurance company, that means paying out less in claims than it takes in premiums. Maryland car accident lawyers know well that Allstate stockowners are indeed in good hands, as Allstate pays out a whole lot less in claims than it takes in premiums. You see, Allstate posted profits of 788 million dollars in 2011, and 928 million dollars in 2010.
Friday, July 13, 2012
I've struggled to make clear in these posts what is well known to all seasoned Baltimore personal injury and accident lawyers - there is no formula to determine what your case is worth. There are hundreds of variables - each of which are explored in some detail in these volumes. In order to get an intelligent opinion, these factors must be assessed and analyzed by an experienced Baltimore personal injury and accident lawyer who can then give you an opinion, based on his or her experience, as to the likely value of the case. If someone is telling you something different, they are giving you bad information my friend.
Friday, June 29, 2012
I discussed in another volume the role of "venue" [i.e. where the case is tried] in assessing the value of case. It's perhaps one of the more important variables. For example, seasoned Baltimore personal injury and accident lawyers that try their cases know that district court cases in Baltimore City are worth less than those in Baltimore County. For more serious cases that make it to circuit court, the reverse is true. You'll see a lot of studies addressing the topic. The numbers are different in every sample, in part because different counties and different time frames are analyzed. One study highlighted a fact well known to Baltimore personal injury and accident lawyers- personal injury cases is Maryland are worth less than personal injury cases just about everywhere else. A lot less. Although plaintiffs tend to prevail more often in Maryland personal injury cases, their awards are, on average, only about 30% of the national averages.
Friday, June 15, 2012
As with prior injuries, [in the context of a Baltimore car and automobile accident, your "priors" are going to be the number of times you've claimed injury in other, previous Baltimore car and automobile accidents] having a subsequent injury, especially to the same body part, will have an impact on the value of your case. Any seasoned Baltimore personal injury and accident lawyer will tell you it would be foolish to assume otherwise. The essential problem is this: if an injury victim hurts their back, then three months later hurts their back again in another accident- how is one supposed to determine what any ongoing or future medical care is related to? How does one determine if current pain and suffering is related to the first accident or the second? How does a Baltimore personal injury and accident lawyer convincingly argue that a permanent impairment is related to the first accident but not the second? The reality is the unfortunate things do happen, and folks due get hurt, sometimes in temporal proximity. Experienced Baltimore personal injury and accident lawyers have dealt with this scenario, and know, strategically and tactically how to handle cases with two accidents.
Friday, June 8, 2012
What are priors? A lot can depend on the context. If you are a criminal defendant about to be sentenced, the state is gong to tell the Judge about your "priors" [i.e. your record]. In the context of a Baltimore car and automobile accident, your "priors" are going to be the number of times you've claimed injury in other, previous Baltimore car and automobile accidents. Any Baltimore personal injury lawyers will tell you it matters. A lot. The adjuster is likely aware of prior accidents and will reduce any offer to you accordingly. A jury may hear about prior injuries to the same body part, and take that into account when fixing your recovery. Seasoned Baltimore personal injury lawyers that try their cases have likely had the gut wrenching experience of the "undisclosed" prior injury to the same body part being drawn out on cross examination, in the face of a prior denial of any prior injury. Experienced Baltimore personal injury lawyers will advise you talk about prior injuries when asked. It can only hurt you if you don't.
Thursday, May 24, 2012
In another volume, we discussed the insurance company's obligation to act in good faith, and the consequences if they do not. Baltimore personal injury or accident lawyers are well aware that the insured person likewise has to act in good faith with regard his or her obligations under the policy. The insured person must notify the carrier of a possible claim, provide all relevant information, and cooperate [e.g. show up at trial, respond to discovery]. The penalty for not doing so is a "disclaimer" of coverage. Baltimore personal injury or accident lawyers know that before a carrier can unilaterally decide not to cover its insured, the must show that the were harmed by [legally: suffered prejudice] by the bad faith of the insured.
Friday, May 11, 2012
Baltimore injury and accident lawyers are familiar with "bus accident" claims. There is some popular wisdom holding that any time an MTA bus makes contact with another object [e.g. another car, another bus, a sign, a light pole, or practically anything else] then the passengers on that bus are entitled to a financial recovery. Of course, that's not the law. Like any other Baltimore injury or accident claim, a plaintiff must prove that they were, in fact, injured, and that they sustained damages, to be entitled to any type of recovery. Not all Baltimore injury and accident lawyers handle "bus accident" claims, and others say they handle only "serious bus accident" claims- although that might be a difficult concept to define.Ask your Baltimore injury and accident lawyer about their experience in prosecuting and trying bus accident case.
Friday, May 4, 2012
Baltimore personal injury lawyers, and any motorists, are well versed in the rule that a vehicle must remain to the right of the center-line of a highway. If you are in violation of the rule, and there is a Maryland automobile accident, you are responsible. Are there any exceptions? At least one Baltimore personal injury lawyer has successfully argued that this rule is not inflexible. In Longenecker v. Zanghi, 2 A.2d 20, the court determined that where there is a narrow road, and a wide truck otherwise being operated properly, the "keep to the right" rule does not apply.
Monday, January 23, 2012
We are all familiar with the calculations showing that is takes about 55 feet to stop a car traveling 55 mph on dry asphalt. This does not take into account 'reaction time'- but rather runs from the moment the brakes are applied. Personal injury lawyers in Baltimore know that the mere fact that a rear end motor vehicle accident occurred does not create any presumption that the operator of the striking car was negligent. There is a duty to use reasonable care to stop from hitting the car in front of you, but as seasoned personal injury lawyers in Baltimore have seen, this duty necessarily takes into account things like road conditions, the flow of traffic, and the actions of driver of that initial|front vehicle.
Friday, January 20, 2012
Personal injury lawyers in Baltimore are very well familiar with Medicaid/Medicare's "right to reimbursement". Reduced to its most basic form, this statutory reimbursement methodology requires personal injury attorneys to insure the federal government is paid back for medical expenses covered by Medicaid/Medicare –from the proceeds of a case [e.g. a Baltimore car accident]. Seasoned Personal injury lawyers in Baltimore have been successful, in appropriate circumstances, in convincing Medicaid/Medicare to reduce or change the amount they've claimed. A vital role for any personal injury lawyers handling a Baltimore car accident case with a Medicaid/Medicare recipient is to examine the lien for accuracy, and get it reduced as appropriate.
Tuesday, January 17, 2012
We've seen in another chapter that personal injury lawyers in Baltimore sometimes use a breach of 'warranty' theory [a factual statement about a product] to recover for their injured clients. The factual statement can be oral, or written. But can the warranty be unspoken? Seasoned personal injury lawyers in Baltimore know that if the seller is one who normally sells products of the type involved, the law will imply a warrant that the product is fit or ordinary use, and packages appropriately and safely.
Friday, January 13, 2012
In another chapter we discussed that skilled personal injury lawyers in Baltimore may sometimes recover 'punitive damages' for their client's injuries [i.e. damages designed to punish the defendant for misconduct, rather than to compensate the injury victim for their injury]. Now, the availability of these damages is quite limited, and are not appropriate in the typical Baltimore car accident case. The amount of damages is determined by looking at the net worth of the defendant. Seasoned personal injury lawyers in Baltimore know that evidence of the defendants financial means is only to be considered after that defendant has been deemed liable, and a separate determination that punitive damages are sustainable on the facts.
Thursday, January 12, 2012
Maximum medical improvement [MMI] is term of art, perhaps used more by personal injury lawyers in Baltimore in worker's compensation cases than in other arenas. Nevertheless, the principle applies with equal force in any scenario where an injury victim [e.g. the victim of a Baltimore car accident] is recovering from those injuries. Maximum medical improvement is that point where medical intervention has reached its ends. The patient is as good as they are going to get. Some personal injury lawyers in Baltimore, or doctors, may refer to this state as a 'plateau' or baseline. It's an important juncture in valuing the claim. At MMI an experienced personal injury lawyer in Baltimore can begin to assess things like future medical care, future lost wages, the permanence to the injury.
Friday, January 6, 2012
HOW MUCH IS MY BALTIMORE PERSONAL INJURY CASE WORTH What if the insurance company says there is no coverage?
Personal injury lawyers in Baltimore run into this situation frequently. They have an injured client, and the insurance company for the injured person says that there is 'no coverage' under the policy. That's generally a legal determination made by a judge, and dependent on applying the specific policy language to the particular facts of the case. But sometimes the adjuster is correct. Experienced Personalinjury lawyers in Baltimore know that the insurance company must get involved in the claim, and defend the insured person, if there exists a "potentiality" of coverage under the policy.