What is a Wrongful Death Claim?
In other guides, what some might call “garden variety” negligence is discussed. Car accidents, slips, falls and the like- where the injuries might be mild to serious, but not life threatening. What if someone’s conduct leads to the death of another? Baltimore personal injury law provides that where a “wrongful act” [an act, including criminal... Read more »
I Fell On The Sidewalk? Who Can I Sue?
Attorney Eric T. Kirk will tell you, Baltimore personal injury law provides that a local government is responsible for injuries to pedestrians caused by an unsafe condition resulting from negligent design or construction on public streets and sidewalks. Local government also has a duty to warn about dangerous conditions on public streets and sidewalks that... Read more »
I Got Hurt At Work. Do I Have A Personal Injury Case, Too?
An employee who sustains an accidental [e.g. back injury] arising out of his or her employment is entitled to workers’ compensation benefits. These are typically wage loss payments and medical expenses. The nature of workers’ compensation cases is explored and discussed elsewhere on this site. The thorough Baltimore personal injury lawyer will always explore a possible “third-party” component... Read more »
Is the Person Who Broke the Law at Fault for an Accident?
One may think that if someone was involved in criminal activity, or, at least in conduct that violated a statue or ordinance, and that conduct played a part in injuring another person, the violator would be responsible for the injury. Showing a violation of a statue is only half of the battle. Certainly, proof of... Read more »
I Was Hit From the Rear. Is The Other Driver at Fault?
Most seasoned Baltimore personal injury lawyer Attorney Eric T. Kirk will tell you the answer, generally, is yes. All drivers must use reasonable care for to avoid car accidents the safety of others. If one of those drivers follows too closely, or fails to pay attention, and strikes the driver in front, then, yes, they... Read more »
Can a Pedestrian Operating Operating Under A Disability Be At Fault for An Accident?
Baltimore personal injury lawyers sometimes argue cases involving the unfortunate meeting of a car and a pedestrian. Attorney Eric T. Kirk will tell you. As you might imagine, cars are undefeated in these contests. Some rules establish who is at fault. Special rules apply where the pedestrian is operating under a disability. It certainly comes as... Read more »
What Reasons Can The Insurance Company Use to Deny My Claim?
In theory, the reasons that an insurance company can use to deny a claim are as limitless as the imagination of the creative adjuster. So long as there is some factual basis for the denial, there are no limitations. Most insurance companies are huge entities with massive resources that dwarf those of the individuals with whom... Read more »
What is Personal Injury Protection Under Maryland Insurance Law?
Almost any Baltimore personal injury lawyer Attorney Eric T. Kirk will tell you that PIP benefits are ‘no-fault‘, ‘first-party’ insurance benefits. ‘No-fault’ means that if you get injured in an automobile accident, then no matter what the cause of the accident is, you receive the benefits. Now, you can’t collect if you intentionally caused the accident, or if... Read more »
If I Let An Intoxicated Person Drive My Car, Am I Responsible?
Unfortunately, these are questions that are often not asked until it is too late. Baltimore personal injury lawyers Attorney Eric T. Kirk have successfully argued that a non-driving owner is responsible for the conduct of a non-owner driver in causing where that owner is present in the car. Maryland law provides that if the owner... Read more »
Can You Turn Right From The Middle Lane?
It is illegal, and negligent, to take away the right of way from another vehicle that lawfully possesses that right of way. Experienced Baltimore personal injury lawyers have likely litigated cases where a driver makes a right turn, and “cuts off” another driver. I’ Attorney Eric T. Kirk will tell you. The Md. Transportation code requires... Read more »
Did I Have the Right of Way?
For most of us, including most Baltimore personal injury lawyers, it has been a long time since Driver’s Ed. Of course, if a sign, or traffic light controls an intersection, those traffic control devices determine who has the right of way. As Attorney Eric T. Kirk will tell you. But what if there is no traffic control... Read more »
Is A Baltimore Owner Responsible For Personal Injury If Their Dog Bites Me?
Is A Baltimore Owner Responsible For Personal Injury If Their Dog Bites Me? Yes in most instances. Baltimore law provides the owner of an animal is charged with a duty or using ordinary care in controlling the animal. Some seasoned Baltimore personal injury lawyers like Attorney Eric T. Kirk have litigated cases in which a... Read more »
