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Maryland Personal Injury Questions & Answers
2 Answers | Asked in Personal Injury, Civil Litigation and Education Law for Maryland on
Q: Am I negligent?

I am a teacher. A student came to me in the last 15 minutes of the day and asked to go to the nurse and said that she thinks she hurt her arm at recess (we had just come in). The student’s demeanor did not appear to be stressed/hurting and there were no obvious indications of trauma. No... View More

Ronald V. Miller Jr.
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answered on Apr 4, 2023

I understand your concern. I think your chances of real liability here approach zero. First, your response was reasonable. The student's behavior and lack of visible symptoms could have led you to believe that the injury was not severe. Second, it is extremely unlikely that treating these... View More

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2 Answers | Asked in Personal Injury, Civil Litigation and Education Law for Maryland on
Q: Am I negligent?

I am a teacher. A student came to me in the last 15 minutes of the day and asked to go to the nurse and said that she thinks she hurt her arm at recess (we had just come in). The student’s demeanor did not appear to be stressed/hurting and there were no obvious indications of trauma. No... View More

Mark Oakley
Mark Oakley
answered on Apr 4, 2023

I agree with Mr. Miller’s answer, but would add that the age of the child may play a factor in what may have been a more appropriate choice. As far as personal liability for the child’s parents making a claim for damages, there is likely no case there. As far as a negative employment... View More

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2 Answers | Asked in Car Accidents and Personal Injury for Maryland on
Q: If a driver does not notify police following an accident (hit and run), what legal options does the victim have?

I'm curious about this as it pertains to Title 20 - Vehicle Laws -- Accidents and Accident Reports; Section 20-106 - Duty on Striking Domestic Animal. My dog was hit, and the driver stopped before driving away. I called the police to file a report & create a case, but I'm wondering... View More

Lee Eidelberg
Lee Eidelberg
answered on Mar 22, 2023

If the responsible driver did not notify the police/law enforcement to report the incident - and you have identification information regarding the driver - the police at its option, if you report the offender, could cite the driver for violating the applicable section of the transportation code,... View More

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2 Answers | Asked in Car Accidents and Personal Injury for Maryland on
Q: If a driver does not notify police following an accident (hit and run), what legal options does the victim have?

I'm curious about this as it pertains to Title 20 - Vehicle Laws -- Accidents and Accident Reports; Section 20-106 - Duty on Striking Domestic Animal. My dog was hit, and the driver stopped before driving away. I called the police to file a report & create a case, but I'm wondering... View More

Mark Oakley
Mark Oakley
answered on Mar 23, 2023

The driver --assuming they were aware that they struck and injured the dog-- is in violation of Transportation Article 20-105 (failure to remain at scene of accident resulting in damage to unattended property--pets are deemed property under Maryland law), 20-105.1 (information required to be... View More

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1 Answer | Asked in Personal Injury and Libel & Slander for Maryland on
Q: I’m making a YouTube video talking about what my ex did to me in our relationship. Not using his name, could I get sued?

Could o be sued for defamation of character even tho I’m not using his name in my videos?

Mark Oakley
Mark Oakley
answered on Mar 8, 2023

(1) Truth is a complete defense to a suit for defamation/libel. Revealing private medial or health information about someone, or their SSN or other private personal information, may give rise to a invasion of privacy or harassment claim, even if the statements are true.

(2) Defamatory...
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3 Answers | Asked in Personal Injury, Car Accidents and Insurance Bad Faith for Maryland on
Q: I am an out of state resident and was rearended by a NJ driver, in NJ. Their insurance tell me that I cannot get P&S?
Mark Oakley
Mark Oakley
answered on Feb 28, 2023

Do not believe what the adjuster is telling you. Contact a NJ lawyer for representation. Damages for pain and suffering are allowed in NJ; however, NJ is a comparative fault state, meaning that you must not be more than 50% at fault for the accident, and your percentage of fault will reduce your... View More

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1 Answer | Asked in Personal Injury and Products Liability for Maryland on
Q: Can I sue the lighter company if a torch lighter caught my upper body on fire causing 3rd degree burns and in hospital?

I attempted to light a cigarette to smoke and the lighter presented a huge flame that caught my hair and face on fire. Was medavac to Washington Hospital Center. Still there going into the second week.

It is a horrible experience.

Stephen Arnold Black
Stephen Arnold Black
answered on Dec 11, 2022

To prove liability, an expert would need to establish through forensic testing that the lighter had a product defect and that defect caused your injuries. An attorney may be interested in taking your case, so reach out to personal injury attorneys in your jurisdiction.

1 Answer | Asked in Small Claims, Criminal Law and Personal Injury for Maryland on
Q: How do I pursue legal action against someone who stole my phone and send money to themselves

I tried to dispute the charges twice with my bank and they denied me saying I didn’t have enough proof but I sent them screenshots of me putting my phone in lost mode, text messages from the person saying they took it

Mark Oakley
Mark Oakley
answered on Dec 10, 2022

You need to go to the police, file criminal charges if you know who the person is, or at least get a criminal report filed and a copy of it that you are the victim of a crime. You give that criminal investigation report to the bank to prove the phone was stolen and your account illegally accessed.... View More

1 Answer | Asked in Personal Injury and Criminal Law for Maryland on
Q: Can I bring a civil suit against the woman who sold my daughter OxyContin?

A colleague (lives in Harford County) of my daughter (lives in Cecil County), sold my daughter Rx OxyContin for almost a year. The seller is a known doctor-shopper and drug seeker, and through her actions of selling her Rx has contributed to my daughter’s ongoing ill physical and mental health,... View More

Mark Oakley
Mark Oakley
answered on Dec 8, 2022

You cannot sue on behalf of your adult daughter, nor have you personally suffered a damage that would allow you a direct lawsuit against this person. Your daughter is the alleged victim of this wrongdoing, so she would have to sue in her own name against the responsible party. The problem with... View More

2 Answers | Asked in Personal Injury and Workers' Compensation for Maryland on
Q: I'm a federal employee who was hurt on a federal job during work hours are there any attorneys that deals with the Depar

The Department of Labor I find it hard to find attorney to handles with them

Eric Todd Kirk
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answered on Oct 28, 2022

You need a lawyer who handles federal workers' compensation claims. YOu can use the find an attorney service on the site to locate one. Best of luck.

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3 Answers | Asked in Car Accidents and Personal Injury for Maryland on
Q: My car was involved in a hit and run in 2021 can I still sue
Eric Todd Kirk
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answered on Oct 24, 2022

You would generally have three years to file a claim with, and then sue if necessary, your insurance company for an uninsured motorist claim. There may be other claims with shorter time frames. You should consult with a lawyer in a confidential setting.

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3 Answers | Asked in Car Accidents and Personal Injury for Maryland on
Q: My car was involved in a hit and run in 2021 can I still sue
Ronald V. Miller Jr.
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answered on Oct 23, 2022

Generally yes. You have the same statute of limitations as you would if there was a defendant you could name. But you want to consult with a lawyer to see if the general rule matches the unique facts of your case.

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3 Answers | Asked in Car Accidents and Personal Injury for Maryland on
Q: My car was involved in a hit and run in 2021 can I still sue
Lee Eidelberg
Lee Eidelberg
answered on Oct 24, 2022

In short, yes. If you know the identity of the driver, you can sue the responsible party within three (3) years, per Maryland's statute of limitations. If you do not know the identity of the driver and can satisfy your own insurance carrier (usually through the production of a police report... View More

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1 Answer | Asked in Medical Malpractice and Personal Injury for Maryland on
Q: CVS put two different medicines in one bottle, one arthritis, one heart medication.

My wife picked up her rheumatoid arthritis medicine late last month and noticed that the pill bottle has two types of pills mixed in. We found out one is for some kind of heart condition. Something that could have been dangerous, what do we do?

Mark Kopec
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answered on Feb 12, 2024

It sounds from your description that fortunately your wife was not injured. If that is the case, it will be challenging to get significant compensation for her. You can file an administrative complaint with the government agency that regulates pharmacists. You can find out more about that on the... View More

2 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Maryland on
Q: Good afternoon or good mornin I need some assistance I need a lawyer to talk to you about a very serious matter please a

It is about incident happen last year April I got the footage of the incident so I think this incident is a very serious matter I do not want to go viral with it I need a lawyer to talk to before I do what I have to do thank you

John Mesirow
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John Mesirow
answered on Feb 8, 2024

If you want some direction, you will need to provide more information. Most importantly, what type of incident was it?

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2 Answers | Asked in Personal Injury and Car Accidents for Maryland on
Q: a public utility hires a contractor to provide large trucks for an ongoing project.

one of the trucks is involved in an accident while overweight. what liability attaches to the utility that hired the contractor?

the driver of the truck is an employee of the contractor hired by the utility company.

does liability attach to the utility company? The utility... View More

Lee Eidelberg
Lee Eidelberg
answered on Nov 3, 2023

Although your post does not indicate for whom the driver of the truck was employed, insurance coverage for the vehicle being operated, unless operated without permission of the vehicle's owner, generally applies to cover damages caused by a negligent operator.

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1 Answer | Asked in Personal Injury for Maryland on
Q: How do you refer to a judge in a personal injury case who is the plantiff? Judge? Ms? Mrs?

The judge is the plantiff. Not acting as a judge. How do you refer to as?

Mark Oakley
Mark Oakley
answered on Jun 19, 2023

Unless you're a lawyer yourself who may appear before this judge, "Ms." would be appropriate, unless the judge presiding over the case uses a different title or honorific. Follow the lead of the judge.

1 Answer | Asked in Estate Planning, Personal Injury, Constitutional Law and Probate for Maryland on
Q: My case has not been heard in five court cases where I have lost each time. How do I file the papers to defend myself?

The reason my case has not been heard is because of conflicting legal advice that I received on justanswer.com. Based on the petitions the lawyers are filing against me, the one that told me to serve the petition on everyone was wrong. What do you do when the court makes decisions that violate the... View More

Maxwell White
Maxwell White
answered on May 26, 2023

Unfortunately, this may be a situation in which you need to get an attorney. The truth is that getting an attorney is costly, but not getting one is even more costly. There are certain legal matters that can be handled without an attorney, but based on what you have said so far, this likely is not... View More

1 Answer | Asked in Personal Injury and Health Care Law for Maryland on
Q: A nurses practitioner prescribed 20x recommended dose an anti psych to my wife and now her hallucinations are worse

A nurses practitioner in Maryland chose to take a crack at practicing psychiatry on my partner and prescribed them 300mg of Seroquil for over a year. Then moved them down to 150mg. The recommended dose is 15mg. Her Schizophrenia symptoms are now out of control. Can I sue this nurses practitioner... View More

Eric Todd Kirk
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answered on Nov 3, 2022

No, but your wife may be able to. She should contact an experienced malpractice attorney. Best of luck.

2 Answers | Asked in Car Accidents, Personal Injury and Traffic Tickets for Maryland on
Q: Can I sue the police department for failing to write an uninsured motorist ticket in an accident?

Fault couldn’t be determined in the accident so it is my belief my car insurance will skyrocket.

Scott Scherr
Scott Scherr
answered on Oct 5, 2022

No, you cannot sue the police for failure to write a ticket. They have absolute discretion on whether to issue a citation. Regardless, issuing a citation does not determine fault. You can sue the other driver and your own insurance company if he is uninsured and if you win, your rates will not go... View More

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