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Maryland Personal Injury Questions & Answers
1 Answer | Asked in Appeals / Appellate Law, Personal Injury and Workers' Compensation for Maryland on
Q: If workers comp doc clears me and my doc says I need light duty for 2 more weeks, can I appeal?

I hurt my back, and it is all muscular spasms and pain. The workers comp doc didn't even give a decent assessment and kept telling me to be quiet as I was trying to answer his questions. I have been working light duty, not missing work, just not able to work in my dept. I feel I was treated... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Feb 3, 2020

You will need to hire an experienced workers' compensation attorney to pursue a claim for temporary total/temporary partial wage loss benefits for you. This is a complex claim and a decision by a judge of compensation claims is necessary to resolve the conflict between doctors.

2 Answers | Asked in Personal Injury for Maryland on
Q: Can my state settlement be intercepted

I have signed a release of all claims against state of Maryland for a vechicular accident

Uzoma Obi
Uzoma Obi answered on Jan 23, 2020

Your settlement can be reduced (or 'intercepted') by any liens that have been given to your lawyer to honor before your case settles.

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2 Answers | Asked in Personal Injury and Insurance Bad Faith for Maryland on
Q: Hi I have a personal injury case question regarding a car accident

My car was rear ended and was a total loss. I was taken to emergency room and diagnosed with acute head injury and cervical strain. Driver at fault was underinsured with $10,000 liability limit. Her insurance company is low balling the settlement for pain and suffering, loss wages and end of the... Read more »

Mark Oakley
Mark Oakley answered on Dec 31, 2019

You cannot sue the other driver’s insurance company for anything. You can only sue the driver. The driver’s contract with his/her insurance carrier has nothing to do with you. Their insurance company’s only obligation is to pay any judgment you obtain against their insured driver. The only... Read more »

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1 Answer | Asked in Car Accidents and Personal Injury for Maryland on
Q: hello, i had an accident case 20 years ago, we got judgement in federal court, large sum. can it be pursuit still?

federal judge dismissed insurance company, saying that: we need to get judgement first against dealership, because they were not informed, but they were in the court. after we got the judgement, then since i didn't speak English, my own lawyer i believe made deal with all state insurance... Read more »

Mark Oakley
Mark Oakley answered on Dec 31, 2019

Why did you wait 20 years to ask this question? I doubt there will be any bank or insurance company records, paper or electronic, left to trace what happened to the proceeds. Is the lawyer still practicing? Is he alive even? While you were entitled to a complete accounting of how the settlement... Read more »

2 Answers | Asked in Personal Injury for Maryland on
Q: Would the statue of limitations be based on date of injury or the date I became aware of the injury?

A little over 6 years ago Oct 2013 I was humiliated by an instructor at work in front of a group of people. It was unbelievable and malicious. (Additional details usually result in people being aghast and shake their head in unbelief.) At the time I did not realize I suffered a mental health injury... Read more »

Mark Oakley
Mark Oakley answered on Dec 20, 2019

The law of North Carolina would apply, so always check first with a lawyer from that jurisdiction before making any final decisions. However, that said, the SOL would normally start to run from the date of the incident under your facts. If you were not yet 18 years of age when the incident... Read more »

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2 Answers | Asked in Personal Injury and Products Liability for Maryland on
Q: I went to a business at my local mall and got lashes done, my eyes are now infected and swollen.

I went to my local mall to get lashes extensions, they glue burned and infected my eyes and face, I told the technician that it was burning really bad when she applied it but she said that was normal, the next day my eyes was still hurting I called and if she could remove them because I... Read more »

Bennett James Wills
Bennett James Wills answered on Dec 12, 2019

Contact a local personal injury attorney to evaluate your options.

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1 Answer | Asked in Consumer Law and Personal Injury for Maryland on
Q: Can I sue use waterproofing company for disrupting asbestos tile in my basement and not telling us it was asbestos?

The company drilled tile that is probably asbestos. 2 contractors that came to basement for other matters mentioned the flooring was asbestos. We had no idea and a whole year has almost passed since we the work was done.

Mark Oakley
Mark Oakley answered on Nov 29, 2019

So, first pay an asbestos remediation expert/contractor to provide a definitive confirmation whether you have asbestos tiles or not, and what, if any danger and cost of remediation will be. Get all that in writing. If the same expert/contractor is willing to state that the other contractor was... Read more »

1 Answer | Asked in Personal Injury, Environmental, Internet Law and Mergers & Acquisitions for Maryland on
Q: I have been traumatized due to a situation where my spouse and I hippa rights have been violated by the news station .

We have a big lawsuit that needs to be resolved sooner than later I have contacted a lawyer but she is way to expensive. She said I have a very big lawsuit and definitely been traumatized . this is something that will follow our life living here in our town. We only want justice and to live without... Read more »

Joseph D. Allen
Joseph D. Allen answered on Oct 18, 2019

There is no private cause of action for a HIPAA violation- in other words, an individual may not sue for damages based solely on such a violation. However, the Maryland Confidentiality of Medical Records Act does allow a person to sue for recovery of actual damages. It is possible that the same... Read more »

1 Answer | Asked in Personal Injury and Products Liability for Maryland on
Q: bought an ice pack product which seemed to leak. Daughter suffered multiple blisters and chemical burns.
Tim Akpinar
Tim Akpinar answered on Sep 20, 2019

I'm sorry for your daughter's ordeal here. You must speak with a Maryland attorney, but your question remains open for a week and you might be wondering what to do. Save records of any emergency medical care your daughter received and records of follow-up medical care. Save the ice pack... Read more »

2 Answers | Asked in Personal Injury for Maryland on
Q: I was injured in the grocery store by someone driving the ride-on shopping carts while they were texting. Recourse?
John Mesirow
John Mesirow answered on Sep 13, 2019

From the information you provided, you probably have a claim against this individual. The issue is collectability. You will have a hard time finding an attorney to take the case if any settlement/judgment is not collectable. You should contact a personal injury attorney to discuss this further.

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1 Answer | Asked in Personal Injury and Products Liability for Maryland on
Q: Im looking for council related to synthetic drug,, DES. I talked to attorney while back. Breast cancer or uterus

Breast cancer or uterus cancer, can still file claim. My mother has breast cancer and i have had cancer cells in uterus. We both need to file a claim, we missed the overall big filing. We live in Rock Hall, MD. Was hoping would not have to go to Baltimore for council. Would appreciate a... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 3, 2019

The major DES litigation was in the 80's. If you have pre-cancerous changes, the problem is showing that the damages are such that you can make a claim. In your mother's case the difficulty is showing that her cancer is linked to DES or it is a form that is only found with those that... Read more »

1 Answer | Asked in Personal Injury and Workers' Compensation for Maryland on
Q: I was injured on the job. Notification to the supervisor was given and supervisor didn’t act until after 30 days.

I have text showing supervisor was notified. I assume my supervisor didn’t act as he said my hernia wasn’t covered.

Peter N. Munsing
Peter N. Munsing answered on Aug 24, 2019

Contact a member of the Md. Assn for Justice who handles workers comp --they give free consults.

2 Answers | Asked in Personal Injury, Products Liability and Medical Malpractice for Maryland on
Q: Good Evening, My name is Imelda. Pharmacy Medication/Patient Error. On 08/06/2019.

On 08/06/2019, doctor provided me with written prescription. Hand held prescription to pharmacy agent. Within minutes they had the prescription ready. After taking medication I felt very very ill. I called Dr. to inform her. When she mentioned to cut in half. Red light flashed, I took a good look... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 22, 2019

Do both. Photograph the bottle etc, the receipt .

Realistically, you have a case but a very small one because from what you say nothing lasting happened--you had a nasty experience, but that would get you very little.

However the pharmacy should be notified because, who knows, the...
Read more »

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1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Civil Rights for Maryland on
Q: If I was detained for 8 months for a crime I didn’t do, do I have a lawsuit chance?
Gary Kollin
Gary Kollin answered on Jul 30, 2019

Was there probable cause for your arrest? If so, regardless of outcome, you generally do not.

However, are you simply going to rely on an answer here?

Of course not. So why have you not been contacting attorneys directly?

1 Answer | Asked in Personal Injury for Maryland on
Q: someone at my old job put bleach on my ice and I drank it. they a week later they fired me what can I do?
Joseph D. Allen
Joseph D. Allen answered on Jul 24, 2019

Civil (and criminal) liability for the poisoner themselves seems pretty straightforward (if it is provable with evidence). The employer's responsibility for the bleach incident is less clear. As for the termination itself, there are not enough facts to analyze. And it seems likely there are... Read more »

2 Answers | Asked in Personal Injury for Maryland on
Q: Do I have a case, pharmacy gave me wrong medicine, I took one, threw up, still feeling sick though.

My pharmacy gave me someone's else medication, I didn't realize until I took one and immediately threw it up, but I haven't been feeling well since, I'm thinking about going to see my doctor on Monday, I took the medicine back and the pharmacist documented the mistake.

Pawnee A. Davis
Pawnee A. Davis answered on Jul 4, 2019

Please obtain a copy of the document for your own records. Also, you need to obtain the pharmacist ‘s contact information because you may need him to testify about the mistake.

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2 Answers | Asked in Personal Injury for Maryland on
Q: How much of the contingency fee from a personal injury case does a lawyer actually receive and how much does the firm
Mark Oakley
Mark Oakley answered on Jun 1, 2019

Each law firm compensates its lawyers however they agree, and it varies. You have one contingent fee to pay, and how the specific lawyer in the law firm representing you is compensated is a private matter between the lawyer and the firm.

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5 Answers | Asked in Personal Injury and Car Accidents for Maryland on
Q: How long I have to get a lawyer after car accident in MD

A woman run a red light a total my vehicle causing me to to hit someone else vehicle on my 60 birthday

Thomas Neary
Thomas Neary answered on May 31, 2019

Sorry about your accident and rough birthday!

The Statute of Limitations for filing most claims related to the accident is 3 years from the date of the accident. This is for negligence claims.

There are also some issues dealing with insurance that need to be dealt with earlier. It...
Read more »

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1 Answer | Asked in Education Law, Family Law, Personal Injury and Civil Litigation for Maryland on
Q: Can I file charges against the school for not protecting my son?

5 documented cases of events like spitting in my sons lunch, hitting him with a chair, slamming a door in his face and punching him in the face. all documented cases show the same child instigated an unprovoked attack on my son. at no time did my son provoke or even respond.

Ashley VanCleef
Ashley VanCleef answered on Apr 18, 2019

Bullying should be taken very seriously by schools. It is important to report and document the bullying on the school bullying and reporting forms. The laws vary by states but Federal guidance can be found here... Read more »

2 Answers | Asked in Personal Injury and Landlord - Tenant for Maryland on
Q: I am in Baltimore County, Md and have a bed bug issue with my apartment complex.
John Mesirow
John Mesirow answered on Mar 4, 2019

If it can be proven that the presence of the bedbugs is due to the landlord's negligence, and that you were injured as a result of this negligence, then you have a claim. I'm not minimizing any injuries you suffered, but I'm direct with both prospective and retained clients. Many... Read more »

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