Friday, July 13, 2012

WHAT IS THE VALUE OF MY BALTIMORE PERSONAL INJURY CASE? "Just tell me the formula!"

I've struggled to make clear in these posts what is well known to all seasoned Baltimore personal injury and accident lawyers - there is no formula to determine what your case is worth. There are hundreds of variables - each of which are explored in some detail in these volumes. In order to get an intelligent opinion, these factors  must be assessed and analyzed by an experienced Baltimore personal injury and accident lawyer who can then give you an opinion, based on his or her experience, as to the likely value of the case. If someone is telling you something different, they are giving you bad information my friend.

Friday, June 29, 2012

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.

Friday, June 15, 2012

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.

Friday, June 8, 2012

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.

Thursday, May 24, 2012

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.

Friday, May 11, 2012

HOW MUCH IS MY BALTIMORE PERSONAL INJURY CASE WORTH? The MTA bus accident.

Baltimore injury and accident lawyers are familiar with "bus accident" claims. There is some popular wisdom holding that any time an MTA bus makes contact with another object [e.g. another car, another bus, a sign, a light pole, or practically anything else] then the passengers on that bus are entitled to a financial recovery.  Of course, that's not the law. Like any other Baltimore injury or accident claim, a plaintiff must prove that they were, in fact, injured, and that they sustained damages, to be entitled to any type of recovery.  Not all Baltimore injury and accident lawyers handle "bus accident" claims, and others say they handle only "serious bus accident" claims- although that might be a difficult concept to define.Ask your Baltimore injury and accident lawyer about their experience in prosecuting and trying bus accident case.

Friday, May 4, 2012

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.