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. To fully answer the questions regarding when can an injury from a design defect entitle you to compensation, we’ll explore some of the more compelling... 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 »
What Does a Plaintiff Have to Prove Get Compensation in a Baltimore Personal Injury Case?
Comparing Burdens of Proof in Baltimore Personal Injury Litigation The burden of proof refers to the level of evidence a party must present to establish a fact in legal proceedings. Different legal contexts require different burdens of proof, with three primary standards used in U.S. courts: preponderance of the evidence, clear and convincing evidence, and... 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 »
