Can I Recover for my Future Lost Wages in a Personal Injury Claim?
Past lost wages are generally a straightforward matter. In a serious personal injury action, though, the injured person’s future earnings must be considered. This occurs in two ways. If that injured person will be incapacitated for a period of time after the trial and was working prior to the injury, a reasonable measure of damages... Read more »
What Does A Jury Consider When Awarding Damages/Compensation for Personal Injury?
The job of personal injury counsel is to show how the law applies, favorably, to the factual circumstances of his or her client. As attorney Eric T. Kirk will tell you, Maryland law provides that jurors are instructed to consider several factors in fashioning an appropriate award: the nature and extent of plaintiff’s injuries, and... Read more »
Am I Entitled to Compensation for Future Problems or Future Expenses Due to My Injury?
Compensation for personal injury is fixed at the time of the resolution of the claim. If closure occurs by settlement, the injured person will be required to sign a document called a release, will operate to forever bar any compensation that person may have been entitled to collect from the negligent party. If the ultimate resolution of the case... Read more »
Is Interest Added To My Personal Injury Settlement, Judgement, Verdict Or Award?
If you resolve your personal injury case by way of a settlement, compensation is typically paid at the time of settlement, especially where there is an insurance company involved. If the settlement funds are not paid immediately, generally the terms of the settlement would control is interest is allowable. As attorney Eric T. Kirk will... Read more »
How Is Negligence Defined? What Does it Mean to Be Negligent?
Maryland juries are instructed that negligence is doing something that a person using ordinary care, caution and prudence would not do, or, in fact doing something that a reasonably cautious person would not, under the circumstances. As attorney Eric T. Kirk will tell you, the standard is typically that of hypothetical “reasonable person”. The question... Read more »
I Was Injured by a Drunk Driver. Does Maryland Recognize Dramshop Liability?
A Dramshop Act is a law that imposes civil liability on the vendors of intoxicating liquor where, typically, that liquor is dispensed to someone who is obviously intoxicated, and that obviously intoxicated person then leaves the establishment and injures another, often in a DUI related auto accident. Maryland is one of the states that currently do not... Read more »
What Is The Statute Of Limitations For A Baltimore, Maryland Personal Injury Claim?
Most people who don’t work in the legal system are familiar with the “statute of limitations”. But, are there other time limits that apply? Maryland law provides special time limits and notification requirements. An experienced Baltimore personal injury attorney can provide you with guidance on these specific procedures. The general time frame for filing an... Read more »
Is It Too Late To Sue? What Is The Status Of Limitations For A Medical Malpractice Claim?
In Maryland, a negligence action generally must be filed by a personal injury attorney within 3 years from the date of injury. However, an action for damages relating to providing, or failing to provide, professional health care services must be brought within the earlier of 5 years from the date of the act leading to... Read more »
Can A Child Be Negligent Or Contribute To His Or Her Injuries?
The law of five jurisdictions, Alabama, District of Columbia, Maryland, North Carolina, Virginia, contains the doctrine of “contributory negligence”. This principle, a leftover vestige from the common law of England, hundreds of years old, operates to deny any financial recovery whatsoever to an auto accident victim found to be responsible, in even the smallest measure,... Read more »
Is The Owner Of The Car That Hit Me Responsible For My Injuries And Bills?
Yes, but it depends on the circumstances. There is a presumption that the owner of a vehicle is able to control the conduct of the driver, and so is responsible for it. That’s a presumption that is usually quickly overcome. Of course, Maryland law provides that the non-owner operator of a negligently driven vehicle is responsible for... Read more »
Is The Driver Of The Car That Hit Me Responsible For My Medical Bills And Injuries?
All Maryland drivers are charged with the obligation of using reasonable care for the safety of others when driving. Many Baltimore personal injury lawsuits come about when a driver fails to use that degree of caution and attention that an ordinary person would use under the circumstances. I’m Attorney Eric T. Kirk tells you, the nature of the... Read more »
Can I Sue Someone Because Their Bakes Failed or They Failed to Maintain Their Vehicle?
Experienced Baltimore personal injury lawyers will tell you the law requires vehicle owners to make sure their automobiles are equipped with the parts and systems required by the Transportation Code, and at all times must be in such condition so as not to put any person in danger. So, as opposed to liability for the... Read more »
