What is Insurance Policy Stacking?
We’ve discussed in other chapters that the availability of insurance, and the amount of that insurance is often the most important single factor in assessing the value of a case. If you can recover from more than one policy, your case has a greater value, or at least a greater possible maximum value. Stacking is... Read more »
When Do I Qualify for PIP benefits?
The availability of PIP benefits directly affects the value of a Baltimore automobile/car accident claim as the benefits, in part, cover medical expenses that would otherwise need to be paid from settlements of judgments. Passengers in these vehicles generally do not qualify. buses taxicabs and state-owned vehicles There may be exceptions that should be explored... Read more »
My PIP Insurance Carrier Denied My Claim or Won’t Pay My Medical Bills
Baltimore personal injury lawyers see this happen every day. The PIP law requires that insurance companies pay all “reasonable” and “necessary” medical expenses up to the policy limits for those that buy PIP insurance from them. The reality is insurance companies almost never pay the full amount of the medical bills they are sent. Insurers sometimes contest... Read more »
How Do the Costs of Litigation Effect The Value of My Personal Injury Case?
It’s no secret that litigation is expensive. We’ve all seen movies where the litigation costs in a toxic tort claim against a fortune 500 company bankrupt the participates. Those types of claims are seminal, and far afield from the typical case litigated in Baltimore, Maryland. But even straightforward motor vehicle accidents can cost thousands of... Read more »
I’m Easily Injured. Am I Still Entitled to Compensation for an Accident?
It’s not a laughing matter, but Baltimore personal injury lawyers Attorney Eric T. Kirk know the law recognizes that, yes, unfortunately, a given person may be more likely or more easily injured than another. The age-old adage is that an at-fault party “takes his or her plaintiff as he or she finds them”. If that results... Read more »
The Insurance Company Says The Value of My Case Must be Reduced to Present Value.
Baltimore personal injury lawyers would probably agree this is a complicated subject, well beyond the scope of these volumes. However, the concept plays a significant role in intelligently valuing any serious automobile accident or personal injury case, and evaluating the reasonableness of any settlement. Assume an accident victim sustains a serious injury, and will require medical care... Read more »
Can I Recover More Than The At Fault Driver Has For Insurance? What is an Excess Judgment?
The answer is “yes”, but it’s not easy. One scenario is the “excess judgment”. For example, assume your Baltimore car accident case goes to trial, and you receive $40,000, and the defendant was insured for $30,000. The insurance company for the defendant pays the $30,000. But by the terms of the policy, that is the... Read more »
Can I Collect That Judgment? What is a Garnishment?
We’ve discussed in other chapters the bane of Baltimore personal injury litigation, for victims and lawyers alike– the uninsured defendant. The same sort of frustration can set in where there is limited insurance, and a sizeable excess judgment above the policy limit. As Attorney Eric T. Kirk will tell you. There are more than a few... Read more »
Can I Collect on My Judgment? What Are Execution and Levy?
We’ve discussed in other chapters that the presence and amount of insurance is a major factor in determining the worth of a case, as a case against an uninsured person may be worth nothing at all. Having a piece of paper saying someone owes you money, is something much different from actually having that money.... Read more »
Do I Report My Car Accident Claim and Who Do I Report It To?
You should talk to your insurance company. You have to talk to the police. You should consult with a personal injury attorney if you have sustained injury. But that is about it. You should not talk to anyone else in the wake of an accident. Baltimore injury/accident attorneys should report a Maryland automobile accident to... Read more »
The Insurance Company Denied My Claim or Made a LowBall Offer. Can I Sue Them?
It’s an unfortunately common scenario. The insurance company for the at-fault driver offers you a few hundred dollars in settlement of your personal injury claim. They tell you that it is difficult to understand how you were hurt because the vehicles involved did not sustain massive property damage that costs thousands of dollars to repair -or some... Read more »
How Do I Get All of My Medical Records and Bills For A Personal Injury Case?
I’ve Attorney Eric T. Kirk outlined in other volumes the various elements of recoverable damages. Medical expenses are frequently the biggest single piece of that pie. You, of course, are entitled to recover your medical costs, but you need to demonstrate what they were. Assembling all the medical bills incurred, in a form that is admissible at trial, can... Read more »
