Articles

 

Over the course of the last decade, I've published in excess of 700 articles in the areas of personal injury, criminal defense, workers' compensation and insurance disputes, generally. If you can't find what you're looking for, feel free to contact me to discuss the details of your case and learn how I can help.

Top Three Reasons That A Baltimore Personal Injury Case Can Be Lost.



There are no statistics kept on this, at least not to my knowledge, but I Attorney Eric T. Kirk would hazard a guess that the top 3 reasons a personal injury case is lost in court, are, in no certain order: contributory negligence; a finding of no negligence on the part of the defendant; failure of... Read more »


Does It Really Matter If The Insurance Company Uses A Computer Program To Determine The Value Of Your Personal Injury Case?



Other articles on this site discuss computer settlement software such as the Colossus program utilized by Allstate, among others, and the TEACH program utilized by State Farm. Years ago, many, if not most major insurance companies began to use settlement software to arrive at the dollar figure they would extend as an offer of settlement... Read more »


How Much To File and Pursue A Baltimore Personal Injury Lawsuit?



It likely does not come as a surprise to anyone that litigation is expensive. It goes without saying that if an injured individual has chosen to hire a personal injury attorney for representation in a claim, that the attorney is to be compensated for their time and efforts. The lawyer and client are free to... Read more »


Can I Force The Insurance Company To Pay More Money For My Accident Claim?



If an insurance company is engaging in less than good-faith negotiations, or has extended an unreasonably low offer, the only thing that you can do is take your financial recovery out of their hands altogether by filing a lawsuit in the appropriate jurisdiction. You will almost certainly require the skills and services of an experienced... Read more »


When Should I Settle My Personal Injury Case?



Perhaps unlike many things in this business, the timing of a personal injury settlement is not essential is far less significant than the content or the terms of that settlement. The larger question for the injured person is “should” they settle, rather than when. There are multiple opportunities to reach an amicable settlement of a... Read more »


My Car Does Not Have A Lot of Damage. Does That Mean I Was Not Hurt?



It is a classic, prototypical, archetypal, insurance defense argument, advanced in thousands of courtrooms, thousand of times a day. As Attorney Eric T. Kirk will tell you. There is no visible property damage to the cars. Therefore, there could be no damage to the bodies of the occupants of those cars. A more relaxed, refined  version... Read more »


What Are Three Common Elements Occurring In Every Personal Injury Negligence Case ?



Every personal injury negligence-based claim that I have handled over the course of 25 years has had three common elements that I would believe- by definition- occur in every personal injury claim in the history of negligence lawsuits. As an initial matter- there must have been an accident. If there was no accident, there is... Read more »


Three Common Elements In Every Baltimore Personal Injury Case ?



Three Common Elements in Every Baltimore Personal Injury Case Baltimore personal injury cases, whether stemming from car accidents, slip and falls, or professional malpractice, to be sure, share certain foundational elements that must be proven for a successful claim. Some argue the these common requirements are: Duty of Care – Baltimore drivers owe a duty... Read more »


Surveillance, Body Cam, Cameras, Footage, Film and the Baltimore Car Accident.



In looking at some of the literature on the prevalence of closed-circuit TV, video surveillance, dash cams, body cam, drones, and any number of relatively modestly-priced visual surveillance devices for use in a private setting, one thing becomes obvious- they are everywhere. Literally. The statistics vary, but certainly the number of devices capable of recording... Read more »


Can An Insurance Company Doctor Say I Was Not Injured. What Is An Insurance Independent Medical Examination?



It is quite common in both personal injury litigation and workers’ compensation litigation for an insurance company to retain a doctor to examine their claimant, plaintiff, or injured person. Invariably, As Attorney Eric T. Kirk in my experience, the opinions that come from such doctors are that: the person sustained some manner of modest injury but has now fully... Read more »


Do I Have To Give A Recorded Statement After Baltimore Auto Accident Case?



As Attorney Eric T. Kirk will tell you. You must give a statement to your insurance company, but not the other side’s.   Transcript No, you don’t have to give a recorded statement to the insurance company. We need to make a couple of distinctions here between a recorded statement and a deposition. A recorded... Read more »


Will I Receive Money If A Baltimore Car Accident Was My Fault?



Will I Receive Money If A Baltimore Car Accident Was My Fault? Most personal injury lawyers have a standard answer: If you are at fault, Maryland law prohibits recovery. It’s called contributory negligence. Over the course of 30 years, I’ve found that fully addressing a legal question such as this may be best handled in... Read more »


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