What Does a Plaintiff Have to Prove Get Compensation in a Personal Injury Case?
A plaintiff’s Baltimore personal injury lawyer has what’s known as the “burden of proof” in trial. The plaintiff must first produce evidence, through testimony, and tangible evidence- like photos or medical records. Secondly, that evidence must be sufficient, as judged by the applicable standard, to persuade a jury that the event [e.g a car accident... Read more »
Who Controls A Personal Injury Case: The Client or The Lawyer?
You always have control of your case. The Articles, Analysis and Commentary section, in its entirety, explores the various considerations that have an impact on the amount of your ultimate recovery for accidental injury. Most individuals hire a lawyer because they lack the time required to familiarize themselves with the rules of court and discovery... Read more »
How does My Lawyer Prove I was Injured in a Baltimore Car Accident?
Every injury victim in a litigated case has no doubt wondered: “How does My Lawyer Prove I was Injured in a Baltimore Car Accident? In another chapter, I discussed the ‘burden of proof’, i.e. what a Baltimore city personal injury trial lawyer must carry to prove that the defendant is responsible for the accident or... Read more »
What is a Cervical Strain or Sprain?
Baltimore personal injury lawyers handling motor vehicle and car accident cases deal with these types of injuries on a daily basis. A ligament is a sinew that attaches bone to bone. [e.g. the “ACL” / anterior cruciate ligament in the knee]. A tendon is a sinew that connects bone to muscle [e.g. the “Achilles tendon”... Read more »
Can Hiring the Right Lawyer Win My Case?
Perhaps another way to ask this question is: “Can hiring the wrong lawyer lose my case”? Obviously, your lawyer has a great deal to do with your case, the amount of your recovery, and your success at trial. Nationally, plaintiffs win their cases a little over ½ of the time. These statistics reflect that plaintiffs win... Read more »
What Happens If You Sustain a Concussion or TBI in a Maryland Automobile Accident ?
15% of people sustaining concussions in a car accident will develop severe, permanent symptoms. Within the last few years, the prevalence and potential severity of head injuries have moved to the forefront of public awareness. Motor vehicle accidents are the leading cause of concussions. 1 The Mayo Clinic tells us that “[a] concussion is a traumatic brain injury that... Read more »
The Herniated Disc v. Disc Bulge v. Slipped Disc v. Pinched Nerve
Personal injury lawyers in Baltimore have seen myriad labels applied to this condition: slipped disc, pinched nerve, ruptured disc, bulging disc, protrusion, disc bulge without frank herniation. Some Baltimore car accident injury victims have been heard to say “I put a fracture in my back” [although a fractured vertebra could potentially be a much more... Read more »
What are Libel and Slander?
Libel or slander is the inappropriate publication of a false and defamatory statement about another who is either a private person, or a public figure where the statement involves a private matter. [MPJI 12:1]. Negligence, in this context means the failure of a person to determine if the statement is false, before they utter it,... Read more »
Does it Matter if They Fixed the Problem After I got Injured?
This article addresses an evidentiary principle familiar to seasoned personal injury lawyers in Baltimore, As Attorney Eric T. Kirk will tell you. When repairs are made to a defective condition that has caused an injury, that fact typically never comes out at trial. Maryland law provides that “subsequent remedial measures” are not relevant [and therefore not... Read more »
Can An Insurance Company Deny My Claim and Say Their Driver was Not Negligent or At Fault ?
We discussed in another chapter that proof of a violation of law, ordinance or code can be presented, and may be considered as some evidence of negligence in a Baltimore personal injury case. However, unless the conduct that constituted the violation was also a negligent act that directly caused the injury, there is no responsibility.... Read more »
What is a Civil Assault?
A high percentage of all civil lawsuits filed in Baltimore involved allegations of negligence, i.e. a victim sustained an injury because another failed to use the proper degree of care. What if a person sustains an injury due to the intentional conduct of another? As Attorney Eric T. Kirk will tell you, Knowledgeable personal injury lawyers in... Read more »
If someone hit me, can I sue them? What is a Civil Battery?
I another chapter we explored the concept of a civil assault. Personal injury attorneys in Baltimore are aware that if the assault [the threat or attempt to hit someone] is actually successful, a new action may be brought: battery. A battery is a non-consensual, offensive, physical touching of another. A frequent theme, and defense in... Read more »
