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.