This is a difficult evaluation to make unless you have extensive experience in dealing with such cases.  Many variables go into evaluating what a case is worth.  First, there is the issue of whether it is clear cut that one party or a group of parties are responsible for the collision and second that the injured party is in no way responsible.  Maryland, the District of Columbia, and Virginia have unique and unfortunate laws in this regard.  Each of these jurisdictions has a doctrine called contributory negligence.  What this means is that even in circumstances where one party is overwhelmingly at fault for a collision and the injured party is only to a small degree at fault, laws of these jurisdictions will make it so the injured party will not receive any compensation whatsoever.  In most jurisdictions in the United States a doctrine called comparative negligence is used in the law.  As the name suggests this doctrine compares the conduct of the injured party with that of the other driver or drivers and if the injured party is to some degree at fault it reduces the level of compensation they get.  Thus, for cases in Maryland, the District Columbia and Virginia it is important that you consult a lawyer experienced in trying these cases who can identify the issues that may confront the case down the road and affect your receipt of fair compensation.

The second factor after an evaluation of the responsibility for the collision is the severity of the collision.  While it might seem ridiculous, judges, jurors, and insurance companies place a great deal of importance on the extent of the damage to the vehicles involved in the collision.  Where the damage to the vehicles appears small in pictures and results in low repair estimates, jurors often have difficulty accepting that serious or permanent injuries can result from those collisions.  Most major insurance companies have categories by which they evaluate cases and specifically focus on paying minimal amounts for low impact collisions. 

Once the liability has been evaluated and the severity of the collision demonstrated, the evaluation of the injuries and damages takes place. 

Where injuries are clear cut (broken bones, loss of limbs, internal organ damage or death) evaluation is somewhat easier.  For all injuries, immediacy of medical care is an important consideration.  If you are injured severely in a collision and go to the hospital from the scene or within twenty-four hours then those injuries reported in the initial hospital records will be treated more seriously than the ones that crop up down the road.  Many people sustain severe neck, back, knee and arm injuries, the extent of which are only revealed much later.  That is why it is important to document as early as possible any suspected injury and to receive appropriate medical treatment from a capable specialist who can evaluate and document the existence of such injuries.   The basic rule of thumb is that if your injury is not clearly in the medical records, insurance companies, judges and juries will not believe that it is related to a collision.

In evaluating the relationship between injuries and collisions, your past injury history is also important.  If you have injured a part of body before the collision, it will be a natural tendency on the part of insurance companies, judges and jurors to believe some of your present injury problems are associated with the collision for which you are making a claim and some of it is from your prior injury.  Thus, it is important to get good and accurate medical documentation of any differences between the injuries you had had before to that part of the body and the injuries you have presently.  Very often diagnostic tests such as x-rays, CAT Scans and MRI’s will show that your present problems are not anything like the ones you had before the collision.  Insurance companies invariably try to argue that a second, third or fourth injury to the same part of the body is not worthy of fair compensation.  Successfully pursuing such cases requires experienced lawyers who are aware of the best way to portray evidence in a light most favorable to you. 

Once the specific injuries you have sustained are established it is important to assess all compensation that can flow from such injuries.  Obviously these will include the medical expenses you will have incurred, prescription costs, lost wages or loss of income earning opportunities, parking costs, traveling to and from healthcare providers.  This can also include expenses for future medical treatment, lost wages and loss of society and companionship or enjoyment of life.  Many of these damages will need to be substantiated through medical reports and medical testimony.  It is important that you have a lawyer who is experienced with working with doctors to obtain the correct information that will permit you to successfully pursue such claims.

With regard to future medical expenses including proposed surgeries, insurance companies, judges and juries will often make a vigorous attempt to disregard such claims.  The basic rule of thumb is if you have not had the surgery the jury is unlikely to give you the money to have it at some future time. 

Obviously the process of evaluating a claim’s worth is very complex.  It is not a scientific process, and the knowledge and experience of your lawyer will be vitally important to receiving the maximum offer possible and to understanding whether an offer is fair or not.  Many injured people read about large verdicts in the newspaper and feel that their injuries should result in multi-million dollar recoveries in their own cases.  Unfortunately, the reality of jury verdicts across the nation is that very few cases result in large verdicts.  In addition, various laws in different states and jurisdictions limit the amount of damages one can recover.  In Maryland in particular, there is the so-called Non-economic Damages Cap.  This cap essentially limits the amount one can recover for pain and suffering very strictly.  In 2008, a client of the firm obtained a verdict in excess of Ten Million Dollars and yet was limited to less than 10% of that amount because of Maryland’s Non-economic Damages Cap. 

It is important to work with experienced attorneys such as Clark & Steinhorn who are aware of the best ways to present cases to ensure that you can obtain the maximum recovery.

Once your case has been fully explored, and the insurance company has made their “final” offer it is important to meet with your lawyer and discuss the offer and what can be done to improve it.  Generally, this involves filing a lawsuit in the appropriate jurisdiction.  Each case has factors that suggest where to file such a case.  Often, a sophisticated legal analysis is necessary to choose the best court to ensure a fair settlement or verdict.  The Maryland State court system has the option of filing in either the District Court or the Circuit Court.  There are advantages and disadvantages to both.  Also, some cases can be filed in the federal courts of the State of Maryland and again the choice of court requires an experienced lawyer knowledgeable with regard to the benefits of each court.  In the District of Columbia, the choices are the Superior Court for the District of Columbia or the United States District Court.  Finally, there are occasions where a case could be filed in either of the courts in the State of Maryland or the courts of the District of Columbia.

One never has to go to trial but there are cases which can only produce a satisfactory recovery through a verdict.  The decision as to whether to go to trial or not is often a complex one and requires consultation with a lawyer experienced in trying many such cases.

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.

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.

The most obvious difference is the severity of such collisions owing to the fact that trucks weigh vastly more than cars.  When a sixty thousand pound truck strikes a three thousand pound car the injuries almost invariably are quite severe.  Also, the regulations and obligations that are ascribed to trucks and tractor trailers are much greater because of the potential for catastrophic injury.  If you have been involved in a truck or tractor trailer accident it is important to contact a lawyer with expertise in such matters such as the Law Offices of Clark & Steinhorn. 

The truck driver who caused my injuries was from West Virginia and he was driving a truck owned by another company in Ohio, how do I figure out where to make my claim?

In handling such cases we have learned that there are often complex relationships between the owners of the truck, the operators of the truck and the company for whom the truck was being operated.  We are skilled at tracking down these relationships and determining what jurisdiction or court to bring the case in, in order to ensure that you receive the maximum recovery available.

Commercial trucking companies maintain substantial insurance policies.  While no settlement or verdict can change what has happened, having lawyers who know where to find sufficient insurance coverage is vitally important to ensuring that you receive a full and complete economic recovery.  It is important if you have such a case that you contact the Law Offices of Clark & Steinhorn.

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.

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.

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.

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.

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.

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. 

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.

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.

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.

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.

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.