WHAT IS THE VALUE OF MY PERSONAL INJURY CASE IN BALTIMORE MD? Criminal Injuries Compensation Board

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.

WHAT IS THE VALUE OF MY PERSONAL INJURY CASE IN BALTIMORE MD? The delayed claim, redux.

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.

WHAT IS THE VALUE OF MY BALTIMORE PERSONAL INJURY CASE? The worker’s compensation lien.

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.

MARYLAND CAR ACCIDENT LAWYER How much is awarded in a Baltimore MD wrongful death case?

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.

MARYLAND CAR ACCIDENT LAWYER The role of the insurance company. They don’t think the way you do.

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.

HOW MUCH IS MY BALTIMORE PERSONAL INJURY CASE WORTH? I've had a subsequent injury?

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.

WHAT IS THE VALUE OF MY PERSONAL INJURY CASE? The problem with "priors"

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.

THE VALUE OF MY BALTIMORE PERSONAL INJURY CASE? He crossed over the line.

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.

WHAT IS THE VALUE OF MY PERSONAL INJURY CASE? The insurance company says "no one is at fault".

Experienced Baltimore personal injury lawyers have heard this argued one more than one occasion. Whether it is phrased in terms of "act of god", "unavoidable accident" or some strain of "sudden incapacity of a driver", Baltimore personal injurylawyers  representing the insurance companies do argue to juries that although there was an accident, and although there were injures, no one should be held responsible. In order to recover for an automobile accident, the negligence of that at-fault driver must be what the law calls the "proximate cause" of the collision. [there is more material on proximate cause in other chapters of this volume]. The notion that some other mechanism –other than negligence- caused the accident lies at the core of all of these defenses. For example, the presence of ice on the roadway, it could be argued, is an unforeseeable  circumstance, making a collision between vehicles on that roadway inevitable, and something that could not be prevented. Or, "the drive of the other car had a heart attack, or a seizure". However, knowledgeable Baltimore personal injury lawyers know that a defendant claiming this type of incapacity has the burden of proving that there is no way they could have foreseen it coming. For example- a person suffering from a seizure disorder controlled by medication may have a reason to anticipate a seizure if they neglected to take that medication.

WHAT IS THE VALUE OF MY PERSONAL INJURY CASE? Who can I sue? Is the automobile manufacturer responsible?

Experienced Baltimore personal injury lawyers will tell you the law requires vehicle makers to use reasonable care in the design, manufacture, testing and inspection of the automobile, and and ensure that it is safe for foreseeable uses. If they fail, that is evidence of negligence. Anyone who has received a recall notice, even for seemingly minor matters, knows that automakers are well aware of their potential liability. Of course, a claim involving a defective care is more elaborate than a simple negligence claim involving the unsafe operation of a vehicle. If you've been injured in an auto accident and you believe defective part or design is to blame, consult a knowledgeable Baltimore personal injury lawyer to fully understand the possibilities. 

WHAT IS THE VALUE OF MY PERSONAL INJURY CASE? Who can I sue? That man had bad brakes on his car.

Experienced Baltimore personal injury lawyers will tell you the law requires vehicle owners to make sure their automobiles are equipped with the parts and systems required by the Transportation Code, and at all times must be in such condition so as not to put any person in danger. So, as opposed to liability for the unsafe operation of a vehicle, the improper or unsafe maintenance of a vehicle may provide a basis of liability for an accident as well. Discuss with a knowledgeable Baltimore personal injury lawyer whether inadequate brakes, worn tires, or the failure of another vehicular system played a role in the accident that caused your injures.

WHAT IS THE VALUE OF MY PERSONAL INJURY CASE? The "Last Clear Chance" doctrine in action

A recent case shows the "Last Clear Chance" doctrine in action. The Maryland Daily Record [volume 122/Number 151] is reporting that a Baltimore personal injury lawyer has convinced a jury that the last clear chance principle should allow a negligent plaintiff to recover for his injuries. The plaintiff, an electrician, was severely injured when a circuit breaker exploded. The insurance company for the installer of the power system argued that the plaintiff was negligent for not having shut off the power prior to repairs, and therefore was barred from recovery. Plaintiff's Baltimore personal injury lawyer successfully argued that the representative of the defendant, present at the inspection, should have warned the plaintiff to turn off the power, and this was their last clear chance to avoid the injury.

WHAT IS MY PERAONAL INJURY CASE WORTH Should the Insurance Company Pay for the Diminished Value of My Car?

     My personal injury clients sometimes ask, in addition to their medical bills, pain and suffering and the cost of repair of their vehicle, if they can recover for the diminished value of their car? An experienced Baltimore personal injury lawyer may be aware the Insurance Information Institute defines as diminished value as "[t]he idea that a vehicle loses value after it has been damaged in an accident and repaired." The argument is that, in the future, you decide to sell that previously wrecked car, but can't get what you believe fair market value because the car has been "wrecked and repaired" That's Diminution in Value / Diminished Value.  Of course it makes sense that the purchaser of a used car wants one that hasn't been wrecked, but are there any objective reasons
supporting the concept? A variety of reasons are typically offered for why diminution in value occurs: every car loses value after being wrecked and repaired; the insurance company approved body shop used inferior parts, or, uses improper repair techniques.  [Diminished Value, Harry Hitzeman, Insure.com 2010.] Imagine a scenario where someone else hit you, and they-or their insurance company- is responsible for the loss.  This is typically referred to a  "third-party" claim – you make it against someone else's insurance company.  Should that insurance company pay for the loss in value due to the wreck, at the time of the repairs, as part to the claim? In many states, the answer is "NO". However, an experienced Baltimore personal injury lawyer will know the answer in Maryland is "YES"  "[I]f the plaintiff can prove that after repairs his vehicle has a diminished market value from being injured, then he can recover in addition to the cost of repairs the diminution in market value, provided the two together do not exceed the diminution in value prior to the repairs." Fred Frederick Motors, Inc. v. Krause, 12 Md.App. 62, 277 A.2d 464 (Md. App., 1971) Of course careful documentation  is vital, and an appraisal from a professional to prove the loss in value might be necessary. Be sure to discuss the possibility, and viability, of a diminished value claim with your personal injury attorney, as part of your claim.

What if there is no other insurance company? Say for example, you crash your car into a tree. Your insurance company agrees to pay for the repairs. This is typically referred to a  "first-party" claim – you make it against your insurance company.  The question becomes, in the that scenario, should your insurance company make good on my loss. i.e. pay for this diminished value. In most states, the answer is again "No". Id. However, if your vehicle is insured in Maryland, coverage for diminished value may be available under your policy. Be sure to mention it to your adjuster and get something in writing from them if they tell you such coverage is not available.

WHAT IS MY PERAONAL INJURY CASE WORTH Uninsured or Underinsured. What if My Insurance Company Won't Pay?

Let's say you have the misfortune of being injured in an automobile accident, and you sustain personal injuries, incur medical bills, and experience wage loss. What if the at-fault-driver had only 20,000 in coverage, and your losses well exceed that amount? What if the at-fault-driver had no coverage at all? You'll want to consult with a Baltimore personal injury lawyer. In the scenario where the at-fault driver did not have enough coverage, you would look to you insurance company and your [first party] coverage for "underinsured motorists" as an additional source of funds for you to recover. In the scenario where the at-fault driver had no coverage, you would again look to you insurance company and your coverage for "uninsured motorists" as an additional source of funds for you to recover.

What if you insurance company refuses to pay you?You'll need to consult with a Baltimore personal injury lawyer. You may legitimately ask "why did I pay those premiums all those years?" You may also want to sue them. You have a few options. One is a procedure under 3-1701 of the Courts and Judicial Proceedings Article. You must first file an administrative action with Insurance Administration. The Administration is to determine if you insurance company breached its obligations to you, what is should pay you, and if it acted in bad faith [failed to act with honesty or diligence, or made a decision without supporting evidence]. If you're not happy with the final result, you can file an action is Circuit Court, and request a trial by jury on these issues of 1] whether coverage exists under you policy 2] the amount you insurance company should pay you for your personal injuries 3] whether your insurance company acted in bad faith by not paying you. If they failed to act in good faith, you can recover for your attorney's fees, litigation costs, and interest.

HOW MUCH IS MY CASE WORTH? Do I have to pay taxes on my personal injury award ?

You just got your personal injury award check. Do you get to keep all of it? A Baltimore personalinjury lawyer will tell you the general rule is that physical injuries or physical sickness settlements are generally not taxable. But, the IRS in Publication 4345 (Rev. 6-2006) tells us the that it recognizes "that receiving a settlement award (amount) from a personal injury suit may create new tax issues for some individuals.  The type of settlement you receive is determined by your Final Settlement Agreement.

Physical injuries or physical sickness settlements are generally non-taxable.

If you receive a settlement for physical injuries or physical sickness and did not take an

itemized deduction for medical expenses related to this injury in prior years, the full amount is non-taxable and generally does not need to be reported on your income tax return. But If you receive a settlement for physical injuries or physical sickness and did deduct medical expenses related to the injury, the tax benefit amount is taxable and should be reported as “Other Income” on line 21 of Form 1040."

An experienced Baltimore personal injury lawyer will warn you to beware though. The IRS also tells us that "interest, punitive damages, emotional distress or mental anguish, and employment discrimination or injury to reputation settlements are generally taxable." [IRS in Publication 4345 (Rev. 6-2006)]

WHAT IS MY BALTIMORE CAR ACCIDENT CASE WORTH? Are there deductions from my award?

Many injured people are fortunate enough to have insurance, and their PIP, health, employer, private disability insurance, or any combination of those sources pay for some past or future lost wages, or some past or future medical care. In Maryland, juries are specifically instructed that they "may not reduced the amount of or your award because you believe or infer that the plaintiff has received or will receive reimbursement for or payment of proven medical expenses or lost earnings from persons or entities other than the defendant" such as insurance. [MPJI 10.8].  Baltimore personalinjury lawyers will know that's called the collateral source rule. Although juries are instructed not to consider collateral sources, that does not mean that medical providers or other insurers [not PIP] cannot be reimbursed. Indeed, in most cases, those insurance carriers will assert a claim, or a "lien" on any amount you are awarded. One of the most important roles your

Baltimore personal injury lawyer should fill is as a negotiator of these liens. An experienced attorney often will be successful in getting the amounts claimed by medical providers, and in some instances, insurers who have paid medical bills, reduced- meaning more money in your pocket.

WHAT IS THE VALUE OF MY PERSONAL INJURY CASE? Does the amount of physical damage to my car matter?

An experienced Baltimore personal injury lawyer knows it absolutely does. The insurance industries' approach to cases in which the property damage is less than $1000 is explored in other chapters on this page. For the purposes of this discussion, note that low property damage number may mean the insurance company will refuse to pay you anything at all.

Many major insurance companies allow a computer to determine how much injury victims should collect. More than ten years ago, 70 of the nations largest insurance companies began to use a program called "Colossus" [or an analogue e.g. Claimsearch] to determine the amounts they would pay to a victim of negligence. An experienced Baltimore personal injury lawyer understands how these programs incorporate property damage estimates into the formula to evaluate the value of the case. Lower property damage estimates lead to lower overall valuation of the claim.

Here is where is gets interesting. At least one major insurance company has purchased and directly owns auto repair facilities. "The Allstate Corporation said yesterday that it had acquired Sterling Collision Centers for an undisclosed amount, making it the first major auto insurer to move into the car repair market....Sterling, which operates 39 car repair shops in seven states and has about $100 million in annual revenue." New York Times, May 9, 2001. An experienced Baltimore personal injury lawyer will tell you other major insurers have contractual relations with a network of "authorized providers" or "preferred providers". These are auto repair facilities that derive income from, and in some cases are paid incentives for, participating in the insurer's "network" of repair facilities.

WHAT IS THE VALUE OF MY PERSONAL INJURY CASE? Does it matter if it is a "Low Speed" Collision?

Why would an insurance adjuster tell you "this is only a low speed collision?" It has become commonplace for insurance companies to offer minimal settlement dollars, or no money at all, where they deem the automobile accident to involve "low speeds", or where there is not much visible property damage. The insurance industry created the position years ago that "low speed collisions cannot lead to significant injury", and have successfully argued that position to juries and judges, repeatedly, throughout the country. Is it true? Is there scientific evidence that a low speed collision cannot cause injury? Not everyone thinks so. An experienced Baltimore personalinjury lawyer can help you overcome these types of arguments. 

HOW MUCH CAN I COLLECT IN A PERSONAL INJURY CASE? I was run down while a pedestrian in a crosswalk

The drivers of motor vehicles on Maryland roadways have a duty to use ordinary care to  prevent injury to others, and those crossing Maryland streets owe a duty to use ordinary care for their own safety. Baltimore personalinjury lawyers know crosswalks have some associated special rules A crosswalk may be marked or "unmarked" [i.e. within the prolongation or connection of the lateral lines of  the sidewalks]. If there is no traffic signal, a driver of a motor vehicle must stop if a pedestrian is in a crosswalk on the half of the roadway where the vehicle is traveling, or, if they are approaching from an adjacent lane on the other half of the roadway. If a traffic control signal that does not contain special 'walk' or 'don't walk' commands is operating, then, a driver faced with a circular solid green, must yield to anyone lawfully inside any crosswalk when going straight, right or left.  A pedestrian in this circumstance is "lawfully" in the crosswalk when they begin their crossing facing any green signal other than a turn arrow. A Baltimore personal injury lawyer will tell you that if a traffic control signal that does contain special 'walk' or 'don't walk' commands is operating, then, a pedestrian facing a 'walk' signal is to be given the right of way by any driver. Pedestrians can assume that operators of vehicles will obey the rules. Of course, a pedestrian must always use due care for their own safety, and cannot blindly cross traffic, even with the right of way, without first checking to make sure it is safe. It's generally stated that the motorist has the right of way between crosswalks, but, that does not mean that a pedestrian crossing outside of a crosswalk is necessarily negligent as a matter of law. Harris V. Bowie, 249 Md. 465 [1968]. 

HOW MUCH CAN I COLLECT IN A PERSONAL INJURY CASE? I slipped on the ice. Can I sue? Does it matter if it was "black ice"?

As discussed in other chapters, Maryland employs the archaic doctrine of "contributory negligence" which bars any financial recovery to an injury victim if they bear even the slightest responsibility for contributing to their injury. Baltimorepersonal injury lawyers often see a similar, related defense, employed by insurance companies-that of "assumption of the risk". "In Maryland, it is well settled that in order to establish the defense of assumption of risk, the defendant must show that the plaintiff: (1) had knowledge of the risk of the danger; (2) appreciated that risk: and (3) voluntarily confronted the risk of danger." Allen v. Marriott, 961 A.2d 1141, 183 Md. App. 460 (Md. App., 2008). When dealing with falls in an parking lot walkway, or sidewalk, in many instances "[t]he risk is that of slipping on ice. The required knowledge is not knowledge that ice is actually present. It is the appreciation of the reasonable likelihood that, under the weather conditions and other circumstances, ice might well be present. The assumed risk is not that of stepping on ice per se. The assumed risk is that of stepping onto an unknown surface with an awareness that it might well be icy. With white ice, you see it is there. With black ice, you infer the likelihood that it may be there." Id. So, the question is not whether ice was present, but, rather, in light of the weather conditions, history, and other circumstances, ice might be present. "Either establishes the element of awareness." Id. A Baltimorepersonal injury lawyer knows if  the plaintiff is aware of the danger, there is no recovery.