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How do Maryland car accident cases work?
How do Maryland car accident cases work?
This is a frequently asked question and can mean a number of things. First, there are several kinds of Maryland car accident cases. Some involve just property damage and some feature both property damage and personal injury. Maryland is a uniquely bad state in which to be involved in a crash as the state continues to observe an out-dated legal doctrine, that of contributory negligence.
Contributory negligence compares the conduct of drivers involved in car accidents and a driver who is negligent even to a small degree can be deprived of compensation for personal injuries, even if the other driver is overwhelmingly at fault.
So assuming that you were not negligent, the typical practice in Maryland car crash cases involves the at-fault driver's insurance company either repairing or replacing your damaged vehicle with the additional possible provision of a rental car. If you are injured, you can submit your medical expenses, lost income documentation and supporting medical records to the at-fault driver's insurance company with an eye towards settlement.
Insurance companies routinely disagree with car and truck crash victims on the value of their cases and that is why lawyers like Clark and Steinhorn, LLC exist.
Why do I need a lawyer for my Maryland Car or Truck Crash Case?
There is an easy answer and a more complex one. The easy one is that insurance companies routinely take advantage of victims of car and truck accidents. They know if you don't take their "final" offer that the odds of you successfully filing and pursuing a lawsuit are very low.
The more complex answer involves the fact that insurance company adjusters are trained to elicit information from victims of Maryland car and truck accidents calculated to diminish the value of their cases and to lower expectations at settlement. Lawyers serve as the spokesperson for injured car accident victims and understand the true value of cases. Lawyers always have recourse to filing a lawsuit if the insurance company is reluctant or unwilling to offer a fair settlement.
The lawyers at Clark and Steinhorn, LLC are highly knowledgeable about the complex interplay between different kinds of insurance coverages. Strategic use of insurances available to victims of Maryland car crashes can maximize the settlement or verdict they receive. Health insurance, PIP insurance, disability insurance and of course liability insurance all come into play in a major crash and need to be managed properly.
Workers compensation and PIP interact uniquely particularly in cases with uninsured or underinsured motorist claims. Don't be a victim twice, consult Clark and Steinhorn, LLC to ensure you receive all of your fair compensation.
I was hit by an uninsured motorist, what do I do?
In Maryland and the District of Columbia auto insurance is mandatory and failure to have it can result in a host of penalties. Despite this we see crashes with uninsured motorists frequently. This invariably worries the victims of these car accidents and at Clark and Steinhorn, LLC we reassure our clients that this is not an insurmountable problem.
Uninsured motorist coverage is included in everyone's auto insurance policy and serves to protect car accident victims from the actions of irresponsible drivers. The funds that your insurance carrier pays in these benefits will not raise your rates and the uninsured driver can be pursued to repay these monies. For more questions contact us. http://www.maryland-law.com/library/laurel-lawyer-on-maryland-uninsured-motorist-coverage.cfm
I've Been Injured in A Maryland Car Crash How Will I Pay For MY Medical Expenses?
There are a variety of ways that Maryland Car Crash Victims can ensure that their medical expenses are paid for. The first line of payment involves P.I.P. insurance. Personal Injury Protection benefits are a limited amount of "No-Fault" Insurance benefits that emanate from the insurance policy of the driver's car. The second line of payment is health insurance. The third is use of a physician or other healthcare provider who is willing to be paid out of the settlement of the victim's car accident claim.
The interplay between these payment sources is complex and consulting an experienced attorney at Clark and Steinhorn, LLC is advisable. (301) 317-1001 or Maryland-Law.com
What circumstances give rise to a medical malpractice or medical negligence claim?
This simple question is not an easy one to answer. The mere fact that you have had a bad result from medical care is not enough. Routinely, doctors, hospitals and other medical personnel obtain consent forms for medical procedures that spell out problems that could occur. While signing such a form does not absolutely take away your right to bring a malpractice action it does provide the healthcare provider some cover if things go wrong.
The basic rule of thumb is that healthcare providers are not permitted to deviate from the standard of care expected of them. This standard of care is usually defined by other healthcare providers practicing in the same area. One of the most important reasons to contact an experienced medical malpractice lawyer such as the lawyers at Clark & Steinhorn is to assist in analyzing what the standard of care is and in finding an appropriate expert or experts.
How long do I have to file such a claim?
Maryland and the District of Columbia each have somewhat different rules for determining how long one has to bring a claim. The basic legal limit involves a concept called the statute of limitations. While there are exceptions, the general rule is that any such claim must be filed with the appropriate court or arbitration office within 3 years of injury. The analysis involving how long one has to file a claim is very complex and often will require detailed analysis by a medical malpractice lawyer experienced in such matters.
What is a premises liability claim?
Such a claim is shorthand for a whole group of cases involving injuries sustained by people while on the land or premises of others. This can include commercial establishments such as shopping malls, hotels, theme parks, or sports arenas and stadiums. It could also include injuries that you sustain at the home of another.
How do I figure out who is responsible for such an injury?
This will often require a detailed investigation by an attorney experienced in such cases. We have represented a number of individuals who have been injured or even attacked at various hotels, malls, and even their own apartment complexes. Companies and individuals that operate such premises are required to do so with an eye on potential harm that could come to their patrons. We routinely see apartment complexes where the management knows that criminal activity is taking place there and does not warn their own tenants and guests of their tenants how to avoid being a victim of such a thing. Similarly, many area malls can be magnets for criminal activity. The mall owners know this, often the merchants know this but the shoppers are exposed to this without warning.
What other kinds of premises cases are there?
We have represented many people in premises cases including swimming pool injury cases, attacks on hotel guests and visitors, collapsing wall and ceiling cases, and even cases at big box stores where large heavy objects fall off the shelves and severely injure shoppers and their children.
The pool we were at had a lifeguard but he was not paying attention, how does this affect things?
One of the most significant problems we see in swimming pool cases involves lifeguard training and attention. The mere fact that a lifeguard was on duty does not mean they were engaged appropriately in life-guarding. If a tragic incident occurs at a pool where a lifeguard was present it is important to determine whether others at the pool were aware of the lifeguard’s inattention.
Whom do I bring such a claim against?
Sometimes the mistake is with the pharmacy and other times it is with the doctor or his office. Figuring this out can often be puzzling and it is essential that you obtain an attorney who is experienced in such matters.
I had a terrible reaction to a prescription, does this mean I have a claim?
The mere fact that you have had a terrible reaction to a prescription does not guarantee a successful claim. Many modern day medications have known side-effects. Some of these side-effects only occur in a very small group of people. Analyzing such a claim requires an attorney sophisticated in such matters.
I often see on TV ads for lawyers who say they represent individuals who have been prescribed specific medications. I have been prescribed this medication, does this mean I have a claim?
You may or may not have a claim. An analysis of this question will require a focus on the circumstances under which you were prescribed the medication, the dosage you were prescribed, whether or not you have other prescriptions or health factors which would make this prescription ill advised and a host of other considerations. It is important that you consult a lawyer experienced in such cases so that a proper analysis to present your claim can be made.
Who can I make a claim against if I am injured while riding on public transportation?
Generally speaking, if you are riding an Amtrak train the claim should be made against Amtrak, if you are riding a Metro or MARC train against Metro or MARC, and if you are riding a Metro bus against Metro. Each of these entities is owned or operated by governmental authorities, and the rules for making claims against them are quite specific and consequently the need for an attorney experienced in making such claims is important. Please contact Clark & Steinhorn if you have such a claim.
I was riding a Metro bus which stopped suddenly because a car turned into its path, do I make a claim against Metro, or against the other driver?
These claims require detailed investigation in order to determine how best to pursue your claim. Even if it appears that the conduct of the bus driver was appropriate from your observation, it may well be that their violation of Metro rules and regulations or ordinary rules of the road would permit you to make a successful claim against Metro. Such cases require a timely and thoughtful analysis in order to be pursued properly.
I was contacted by an adjuster from Metro/Amtrak/MARC and they said they would take care of everything, why should I get a lawyer?
As in all such injury cases, the insurance companies and transit companies try and get out ahead of claims in order to minimize the amount that they pay for such claims. Unless you have experience pursuing these claims, it is very difficult to accurately understand what fair compensation should be. Further, there are often deadlines and notification requirements for claims against governmental and quasi-governmental entities. Failure to make appropriate notification of the right entity can take away your ability to make any claim. It is important to contact an attorney who is experienced in such matters to ensure that all proper notifications are made.
I do not know why the Amtrak train derailed, how could I possibly make a claim?
Train derailments while infrequent cause many injuries. As a consequence, detailed investigations are performed of such things by the appropriate governmental authorities. Accessing this information and participating in the investigation can be a valuable tool in assisting your attorney in developing your claim.
I have been involved in a collision, what should I do?
Any time you are involved in a collision the first and most important thing to do is to put on your emergency flashers or other warning devices to ensure that no other vehicles become involved in the collision. Once this has been accomplished, contact the police or other local authorities and provide them information regarding where the collision took place, how serious the collision appears to be and if you know, whether there are injuries which will require medical personnel.
Often it will take some time for the police and other authorities to arrive and if it is safe to do so, it would be desirable to obtain as much information as possible about the collision. Obtaining the names, addresses, telephone numbers, driver’s license numbers and insurance information of the vehicle operators and owners involved in the collision is very important. On occasion we find uninsured or unauthorized drivers involved in such collisions and getting the license plate numbers of the vehicles, along with their make and model can also be important.
In this era of camera phones, pictures of the location of the vehicles after the collision, the damage to the vehicles, and any skid marks or other evidence that could later demonstrate clearly how the collision happened should be taken, if it is safe to do so.
Sometimes, in the aftermath of a collision, tempers flare and it is important to keep calm in the face of a potentially dangerous situation. On some occasions drivers who cause collisions readily admit their responsibility for the collision and if they could be encouraged to do so in front of any witnesses at the scene or in front of the police officer or other authorities, pay careful attention to what is specifically said by those individuals and in front of whom it is said. Sometimes it is useful to take written notes at the scene about what was said and to whom.
When the authorities arrive at the scene make sure that you get the names and badge numbers of any police officers as well as their employers. If a police report is authorized, make sure to get the number of the police report. Often mistakes are made between county police officers and state police officers and locating them later to testify concerning their observations becomes very difficult. It could also be useful to take specific notes about the scene of the collision, including the weather conditions, time of day, location and any factors that may have resulted in the collision.
Assess carefully whether you feel you have been injured at the scene. Often drivers find that later in the day they end up going to the emergency room for injuries they sustained in a collision. The excitement and adrenaline associated with being involved in a collision will often have the affect of reducing the awareness of the accident participant as to any pain or difficulties they are suffering. At many trials of collision cases, defendants and police officers testify that they were told at the scene that the injured party was feeling fine and that that individual got in their car and drove away from the scene and went to work. This can result in judges and juries underestimating the extent to which a collision has brought about an injury and giving little credence to later complaints that collision victims describe.
What should you do if you believe you are injured?
If you believe at the scene of a collision that you are injured, it is important to make sure that the authorities are aware of this. They will often invite you to leave the scene of the collision in an ambulance and while we would never recommend any unnecessary medical treatment, it is often better to be safe than sorry. If you think that you are injured at the scene of the collision but do not wish to go to the hospital in an ambulance, advise the authorities that you are injured but that you are going to make your own way to your treating doctor or a hospital emergency room at your earliest convenience.
Whether you go to the hospital in an ambulance, in your own vehicle, or with a friend or family member, it is important to completely describe all areas of your body that were injured. A broken finger or toe or a large cut may be the primary focus of your attention and that of the hospital or doctor. Long after that fracture or cut has healed, an injured party may have serious neck or back problems that trouble them for the rest of their life which they did not mention at the emergency room. This would be used by the insurance companies and their lawyers to attempt to suggest that your permanent back or neck injury is unrelated to the collision as it was not mentioned at the first visit to the emergency room. It is better to give a detailed and comprehensive review of all areas of your body that were injured to any degree at the outset rather than to have to explain later why you did not notice problems with an area of serious injury until days, weeks or even months afterwards.
If you go to the hospital and they recommend following-up with another doctor, it is important to do so. Often, in the immediate aftermath of a collision, the symptoms we suffer will increase with time rather than decrease. If at the emergency room you had a slightly stiff neck and a sore back, the only way to clearly demonstrate that these conditions both worsened and were related to the collision, is to go see an appropriate physician and to describe your problems and the fact that they have worsened. Our experience in trying many collision cases is that unless specific injuries are documented in medical records, jurors will not accept them as being related to the collision. Medical documentation of the extent and severity of your injuries is vitally important to getting fair compensation for your claim.
Should I talk to the insurance company?
Any time there is a collision there are automatically several different insurance policies involved. There is the insurance policy of your vehicle and the insurance policy of the vehicles of other drivers who caused the collision. You are not obliged to talk to the insurance company for the other driver. The insurance company for the other driver is focused solely on saving money and paying you as little as possible. Many insurance adjusters can be quite charming, friendly and understanding but they have no obligation to you; only to their policy holder. If you are injured, you should immediately contact the highly qualified accident collision lawyers at Clark & Steinhorn to receive advice and help in dealing with the insurance companies. Even if the subject is repairing your motor vehicle, receiving a rental car and other mundane matters, insurance adjusters are trained to elicit information from injured participants that is harmful to their claim.