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.

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.

WHAT IS THE VALUE OF MY PERSONAL INJURY CASE IN BALTIMORE, MD? The ceiling collapse case.

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.

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.

MARYLAND CAR ACCIDENT LAWYER The role of the insurance company - "You're in Good Hands"

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.

WHAT IS THE VALUE OF MY BALTIMORE PERSONAL INJURY CASE? Venue, revisited.

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.

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.

THE VALUE OF MY BALTIMORE PERSONAL INJURY CASE? Can an insured act in bad faith?

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.

HOW MUCH IS MY BALTIMORE PERSONAL INJURY CASE WORTH? What are my chances at trial?

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].

WHAT IS THE VALUE OF MY BALTIMORE PERSONAL INJURY CASE? I got bitten by a dog!, redux

Experienced Baltimore personal injury lawyers know that this duty to protect others may be extended to a landlord whose tenants own animals that could be dangerous. "[W]here a landlord retained control over the matter of animals in the tenant's apartment [by virtue of a 'no pets' clause in the lease], coupled with the knowledge of past vicious behavior by the animal, the extremely dangerous nature of pit bull dogs, and the foreseeability of harm to persons and property in the apartment complex," it is appropriate to impose liability on that landlord where the animal attacks others. Matthews v. Amberwood, 351 Md. 544, 570 (1998)

WHAT IS THE VALUE OF MY BALTIMORE PERSONAL INJURY CASE? I got bitten by a dog!

Baltimore personal injury lawyers know that the owner of an animal is charged with a duty or using ordinary care in controlling the animal. Some seasoned Baltimore personal injury lawyers have litigated cases in which a dog has bitten someone, and where the owner in fact acted responsibly [e.g. a fence, sign, leash etc]. If that owner knew, or should have known, the animal had a "propensity, inclination or tendency" to bite – for example, by having done it before- then ordinary care doesn't matter. In that instance, the owner is strictly responsible for the damage caused by the animal.

WHAT IS THE VALUE OF MY BALTIMORE PERSONAL INJURY CASE? I think I had the right of way....but

For most of us, including most Baltimore personal injury lawyers, it has been a long time since Driver's Ed. Of course, if a sign, or traffic light controls an intersection, those traffic control devices determine who has the right of way. But what if there is no traffic control device? Experienced Baltimore personal injury lawyers know that the age old rule that a vehicle at an intersection a vehicle has the right of way over vehicles approaching from the left, and must yield to those approaching from the right.  Now, these are not absolute privileges, and, in any event would apply to vehicles arriving at that intersection at essentially the same time in any event. [Another old rule provides that the first car in an intersection has the right of way over all cars that arrive later.] And of course, all drivers must use reasonable care at all times.

WHAT IS THE VALUE OF MY BALTIMORE PERSONAL INJURY CASE? That woman turned in front of me!

Baltimore personalinjury lawyers know that it is illegal, and negligent, to take away the right of way from another vehicle that lawfully possesses that right of way. Experienced Baltimore personal injury lawyers have likely litigated cases where a driver makes a right turn, and "cuts off" another driver. The Md. Transportation code requires that a right turn be made as nearly as possible to the right hand edge of the road. If there is a through lane and a parking/travel lane with no cars, a driver is almost certainly going to be required to turn from the far right a parking/travel lane.

HOW MUCH IS MY BALTIMORE PERSONAL INJURY CASE WORTH? Is the owner of the car that hit me responsible?

Baltimore personal injury lawyers have successfully argued that a non-driving owner is responsible for the conduct of a non-owner driver is where that owner is present in the car.  Maryland law provides that if the owner asks another to drive, while still in the car, the owner has the obligation and duty to make sure the vehicle is operated safely. If the person driving is negligent, it is assumed the owner agreed to the conduct, and is responsible for it. Powers v. State, 11 A.2d 909 [1940]. But what about a non-owner passenger under those same circumstances? Do they have to stop the driver from driving negligently? Are they contributorily negligent if they do not? Experienced Baltimore personal injury lawyers know that a non-owner passenger is not necessarily negligent for riding with an intoxicated driver, or failing to complain of excessive speed, but they might be. It depends on the unique facts and circumstances of each case.

WHAT IS THE VALUE OF MY BALTIMORE PERSONAL INJURY CASE? What is "Personal Injury Protection"?

Almost any Baltimorepersonal injury lawyer will tell you that PIP benefits are 'no-fault', 'first-party' insurance benefits. 'No-fault' means that you get if injured in an automobile accident, them no matter what the blame for the accident is. [Now, you can't collect if you intentionally caused the accident, or if you were committing a felony that led to the accident.] 'First-party' means that it is your insurance. The minimum coverage is $2500 and your insurer has to offer it to you, and you must decline it in writing if that is your choice. You can buy more coverage. The coverage pays your reasonable and necessary medical expenses and/or 85% of your lost wages. Experienced Baltimore personal injury lawyers know that most insurers tend not to challenge the wage loss benefits, but frequently refuse to pay, or reduce, the medical charges of some medical providers.

WHAT IS THE VALUE OF MY BALTIMORE PERSONAL INJURY CASE? My insurance company cancelled me because I had an accident.

Maryland law limits an auto insurers ability to cancel or deny coverage. Experienced Baltimorepersonal injury lawyers know that an insurance company cannot cancel, refuse to renew, of terminate coverage because of an claim, traffic violation, or accident that occurred three years or more before. However, so long as approved by the insurance commissioner, and proper notice is given, knowledgeableBaltimore personal injury lawyers will tell you that those same restrictions do not apply to premium increases.

WHAT IS THE VALUE OF MY BALTIMORE PERSONAL INJURY CASE? Can an insurance company do anything they want?

Unfortunately, many Baltimore personal injury lawyers may answer that question in the affirmative. Most insurance companies are huge entities with massive resources that dwarf those of the individuals with whom they have a dispute. Experienced Baltimorepersonal injury lawyers are aware that there is a code of conduct for insurers regarding the claims practices. Maryland law provides that it is an "unfair claim settlement practice" to: refuse to pay a claim for an arbitrary or capricious reason; misrepresent pertinent facts or policy provisions; or to fail to provide a basis for denials. Unfortunately for the injury victim, the remedy for a violation of these rules is typically the imposition of an administrative fine against the insurer.