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? 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.

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. You’ve got to be kidding me.

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?

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.

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 BALTIMORE PERSONAL INJURY CASE? I was hit from behind, redux.

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.

WHAT IS THE VALUE OF MY BALTIMORE PERSONAL INJURY CASE? I'm on Medicaid/Medicare

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.

WHAT IS THE VALUE OF MY BALTIMORE PERSONAL INJURY CASE? What is an "implied" warranty?

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.

WHAT IS THE VALUE OF MY BALTIMORE PERSONAL INJURY CASE? Punitive damages, redux.

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.

WHAT IS THE VALUE OF MY BALTIMORE PERSONAL INJURY CASE? What is maximum medical improvement?

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.

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.

HOW MUCH IS MY BALTIMORE WORKER'S COMPENATION CASE WORTH? What worker's compensation benefits are available?

Personal injury lawyers in Baltimore routinely secure worker's compensation benefits for their clients. Available medical benefits are explored in another chapter. Wage loss, or "indemnity" benefits are explored in some more detail in other chapters, but, generally come in 4 varieties: temporary total disability- where a doctor has an injured worker "off-work", that worker will get 2/3 of what they made prior to getting hurt; temporary partial disability- where a doctor has an injured worker on "light-duty" work, and they are not earning as much as before getting hurt, that worker will get a portion of the difference; permanent partial disability- where an injured worker has suffered a permanent injury, they are entitled to a monetary award based on the severity of the injury; and, as personal injury lawyers in Baltimore know, the big dog- permanent and total disability, where an injured worker cannot work, at any job for which there is a reasonable market, in any capacity; they will get 2/3 of what they made prior to getting hurt for so long as that disability persists.

HOW MUCH IS MY BALTIMORE PERSONAL INJURY CASE WORTH? Can a law enforcement officer assault and batter me?

Well, let's look at the context. If an officer is acting with legal justification i.e.  probable cause, he or she can generally place you under arrest. Now, if you're being arrested for something, you've likely got bigger problems that whether or not you've been properly arrested. Personal injury lawyers in Baltimore know that a law enforcement officer is authorized to use force, even force that amounts to a civil battery, to effect an arrest. However, if that officer acts with an intent to harm you, and you suffer bodily injury, a Baltimore city lawsuit is a possibility.  Many personal injury lawyers in Baltimore have successfully litigated claims that an officer acted with "excessive force" or malice when arresting or detaining and individual. In those instances, the privilege to use reasonable force to effect an arrest does not apply.

HOW MUCH IS MY BALTIMORE PERSONAL INJURY CASE WORTH? Surely I don't have to let someone assault me.

That seems consistent with common sense, and, personal injury lawyers in Baltimore will advise you that is also the law in Maryland. We've discussed in other chapters the concepts of civil assault and civil battery- so called 'intentional' torts. The assaulter, or batterer, must have intended to cause the contact or fear of contact. Unintentional contact that cause personal injury, e.g. a Baltimore car accident, may be pursued as a negligence claim. Is every person that batters another answerable in damages to the person battered? Seasoned personal injury lawyers in Baltimore know that all Marylanders possess a privilege to use reasonable force, including battering another, to defend themselves, their property, third persons, or the property of their employer. 

WHAT IS THE VALUE OF MY BALTIMORE PERSONAL INJURY CASE? That man hit me, but was trying to hit the guy next to me?

I recent chapters we explored the concepts of civil assault and battery. Personal injury lawyers in Baltimore know that these are called 'intentional' torts. In other words, the assaulter, or batterer, must have intended to cause the contact or fear of contact. Unintentional contact that cause harm, e.g. in a Baltimore car accident, may be pursued as a negligence claim.  What about a situation where a person intends to strike, or throws or shoots something at one person,  the intended target, but through bad aim, hits a bystander. Experienced personal injury lawyers in Baltimore know that the doctrine of 'transferred intent' [from the intended victim to the actual one] supplies the necessary degree of willfulness to make the assault or battery actionable for damages.

WHAT IS THE VALUE OF MY BALTIMORE PERSONAL INJURY CASE? That man said he would physically hurt me. Can I sue him?

A high percentage of all civil lawsuits filed in Baltimore involved allegations of negligence, i.e. a victim sustained injury because another failed to use the proper degree of care. What if a person sustains injury due to the intentional conduct of another? Knowledgeable personal injury attorneys in Baltimore are familiar with the legal theories that permit a victim to recover money damages in these situations. A civil assault is a threat, made through words or conduct, to hurt another. The person making the threat must appear to have the ability to carry it out, and the recipient must actually fear some kind of imminent harm.Personal injury attorneys in Baltimore caution their clients that this is an action that must be brought quickly, as the statute of limitations on a civil assault is but one year.

WHAT IS THE VALUE OF MY BALTIMORE PERSONAL INJURY CASE? That man hurt my feelings. Can I sue him?

Knowledgeable personal injury lawyers in Baltimore are familiar with the tort of intentional infliction of emotional distress. There is no separate claim for negligent infliction of emotional distress, but how someone's negligence effects another's psyche is an element of the damages assessed in a negligence action, e.g. a typical Baltimore automobile accident. The seasoned personal injury lawyer in Baltimore knows that intentional infliction of emotional distress is notoriously difficult to prove. The conduct of the defendant must be "outrageous", "opprobrious", "beyond all bounds of possible decency" and "utterly intolerable in a civilized community". KFC v. Weathersby, 607 A.2d 8.