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 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.

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.

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.

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.

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.

WHAT IS THE VALUE OF MY BALTIMORE PERSONAL INJURY CASE? What about pedestrians with disabilities?

Baltimorepersonal injury lawyers sometimes argue cases involving the unfortunate meeting of car and pedestrian. As you might imagine, cars are undefeated in these contests. Some rules establish who is at fault. Most people would surmise that a driver must yield his or her right of way to a visually impaired  individual using a guide dog or walking with the assistance of a predominantly white cane. An experienced Baltimore personalinjury lawyer also knows that a car loses the right of way to a person in a wheelchair, using crutches, or using a cane.

WHAT IS THE VALUE OF MY BALTIMORE PERSONAL INJURY CASE? I can't find the guy who hit me.

Experienced Baltimore personal injury lawyers have likely brought claims under 20-601 of the Transportation Code. If one is hit by an uninsured, disappearing or unidentified driver of a motor vehicle, and sustains injury, a claim may be made against MAIF. There are many pitfalls. Notice must timely given. There are many classes of individuals who cannot bring claims [e.g. one operating a car that itself has no uninsured motorist coverage]. But, if the qualifications are satisfied, then a claim for personal injury or property damage may be made against the fund. Due to the intricacies of these claims, you should always consult a knowledgeable Baltimore personal injury lawyer early on regarding your rights under this section.

WHAT IS THE VALUE OF MY BALTIMORE PERSONAL INJURY CASE? The Maryland Boulevard Rule revisited.

The general concepts involved in Maryland's Boulevard rule are explored in other chapters. Seasoned Baltimore personal injury lawyers of likely dealt with the question of whether a  "favored" driver be denied recovery? If sufficient evidence is put forth that the favored driver was in fact negligent, and the proximate cause of the accident, then the question of whether or not recover is barred on contributory negligence principles is for the jury. Speeding by the favored driver is rarely enough to relive that driver of their statutory preference. Dean v. Redmiles, 280 Md. 137 [1977]. Experienced Baltimore personal injurylawyers know that the favored driver's driving drunk on the wrong side of the road without headlights is enough to lift the statutory preference, and a person injured by that conduct may recover, even if technically the "unfavored" driver.

HOW MUCH IS MY BALTIMORE PERSONAL INJURY CASE WORTH? I was hit in the rear. Isn't the other driver at fault?

Most seasoned  Baltimore personal injury lawyers will tell you the answer, generally, is yes. All drivers must use reasonable care for the safety of others. If one of those drivers follows too closely, or fails to pay attention, and strikes the driver in front, then, yes, they are at fault. But that's not automatic. Many  experienced Baltimore personal injury lawyers have argued that the driver of the car in front has responsibilities too. They must signal an intent to slow, stop, or turn. If they fail to adhere to these, it may well be that they caused or contributed to the accident. And of course, there is the "emergency doctrine", discussed in another chapter, sometimes seized upon by judges to deny a claim.

HOW MUCH IS MY BALTIMORE PERSONAL INJURY CASE WORTH? That man broke the law! Isn't he responsible?

One may think that if someone was involved in criminal activity, or, at least in conduct that violated a statue or ordinance, and that conduct played a part in injuring another person, the violator would be responsible for the injury. An experienced Baltimore personal injury lawyer will tell that person that showing a violation of a statue is only half of the battle. Certainly, proof of the violation can be presented, and may be considered as some evidence of negligence. Seasoned  Baltimore personalinjury lawyers, representing the defense, have successfully argued that unless the conduct that constituted the violation was also a negligent act that directly caused the injury, there is no responsibility.  The law calls this concept "proximate causation".

HOW MUCH IS MY BALTIMORE PERSONAL INJURY CASE WORTH? What about railways and railway crossings?

Of course everyone has the obligation to look and listed for a train before crossing a track. Experienced Baltimore personal injury lawyers know that both  the operator of the train, and anyone crossing the rails, have the duty to us reasonable care to avoid an accident. But what about an injury that occurs on the railroad's property, or on their right-of-way, but does not involve a train. Unless the individual has permission to be on the property, they are considered trespassers, or what knowledgeable Baltimore personal injury lawyers know are called "bare licensees".  The railroad owes no duty of reasonable care to these individuals. The railroad would only be liable for injuries that it, or it's employees intentionally or wantonly caused.

HOW MUCH IS MY BALTIMORE PERSONAL INJURY CASE WORTH? I think my injury is related to my work...but

An employee who sustains an accidental injury arising out of his or her employment is entitled to worker's compensation benefits. Experienced Baltimore personal injury lawyers advise their clients that "arising out of" employment means that the injury results from some incident of employment. That is to say, if the injury occurs during works hours, at a place where the employee is expected at that time, and results from an activity reasonably related to the work, then it arises out of that work. In that instance, the knowledgeable Baltimore personal injury lawyer will seek worker's compensation benefits for the injured client. If there is evidence that the injury is related to something other that work activities e.g. a drug interaction or heart attack, then an aggressive Baltimore personal injury lawyer will need to examine the cause of the injury for evidence of the negligence or culpability of a third party if their client is to recover.