When Does Strict Liability Apply in a Personal Injury Claim?
Often, people incorrectly assume if they are injured, they recovery money. If it were that easy, I would likely not have a job. By way of example only, let’s assume unusually strong winds knock a tree over, and onto a car. The occupant of that car receives a modest injury and quite a bit of a... Read more »
What is Involved in a Strict Liability Claim?
A Baltimore personal injury lawyer trying a strict liability products case must prove that the product was defective and “unreasonably dangerous” when it left the seller’s control; that the defective condition did, in fact, cause the injury, and that the product was not altered. Courts have described three ways to prove a defect: Attorney Eric... Read more »
When Can an Injury From a Manufacturing Defect Entitle You to Compensation?
We’ve seen that the elements of “defective” and “unreasonably dangerous” can be proven by showing a flawed design, or by showing a defect in the manufacturing of the product itself. Attorney Eric T. Kirk will tell you. The concept of faulty design is explored in another chapter. A Baltimore personal injury lawyer trying a strict liability... Read more »
When Can an Injury From a Design Defect Entitle You to Compensation?
We’ve seen that the elements of “defective” and “unreasonably dangerous” can be proven by showing a flawed design, or by showing a defect in the manufacturing of the product itself. The concept of faulty manufacturing is explored in another chapter. Attorney Eric T. Kirk will tell you. A Baltimore personal injury lawyer trying a strict liability products... Read more »
Are My Medical Bills Paid Out Of My Personal Injury Award?
As discussed elsewhere, insurance carriers that have paid medical bills related to a car accident, or the providers themselves, will assert a claim, or a “lien” on any amount you are awarded. One of the most important roles a Baltimore personal injury attorney should fill is as a negotiator of these liens. An effective attorney often... Read more »
Can I Sue For My Loss if My Child Who Was Hurt In The Accident?
Of course, if a child [an unemancipated minor under 18] is hurt in an accident, they have a claim of their own against the at fault party for damages. The parent of the child also has a claim against the at-fault party for the loss of that child’s “services”, as well as for the cost... Read more »
Immunity or Liability for Emergency Medical Services?
Many Baltimore personal injury cases consist of allegations that a health care provide deviated from the applicable standard of conduct, and that deviation caused injury to the patient. As Attorney Eric T. Kirk will tell you. However that most professional health care providers are immune from civil liability for the negligent provision of medical care if they... Read more »
I Was Injured When I Fell In The Bathroom. Do I Have a Case?
Certainly, the owners of commercial establishments own their patrons a duty of reasonable care to keep their premises, including a public restroom, safe. An owner, or their employee, is not responsible, however, if they let a person use a toilet facility that is not public or open to the public, and that person is injured... Read more »
Can I Sue a Public Official If They Hit Me ?
Knowledgeable Baltimore personal injury lawyers are aware that an official of a municipal corporation is immune from suit for their official actions, while acting in a discretionary capacity, in the absence of malice. However, an official of a municipal corporation is not immune from claims for negligence arising from the operation of a motor vehicle... Read more »
I’ve Been Sent to Mediation in Personal Injury Case.
Very possibly the finest trial attorney of this generation has stated: “there are always options”. In the context of a personal injury case, this is no less true. Yes, there are. Although mediation is typically ordered in most Maryalnd serious car accident cases, mediation is a voluntary process [parties can opt out by agreeing not... Read more »
Who Testifies at a Trial in a Personal Injury Case?
In the typical automobile accident trial, in District Court, the driver[s] and other witnesses [if any], and anyone who is claiming injury testify before the court, sitting without a jury. It is rare, but occasionally a treating physician or therapist testifies live in court. As Attorney Eric T. Kirk will tell you. It is even rarer... Read more »
Does The Other Driver’s Insurance Company Matter In Determining How Much I Recover?
It’s now been several years ago, but, at a time a lawyer’s group now know as the American Association for Justice [and formerly known as “ATLA” or the Association of Trial Lawyers of America], put out a fascinating publication called the ’10 Worst Insurance Companies in America’. https://www.justice.org/news/allstate-ranks-worst-insurer-consumers Insurance companies are massive, and profitable. It’s probably... Read more »
