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Questions Answered by Eric Todd Kirk

1 Answer | Asked in Workers' Compensation for Maryland on

Q: How can I get the hand written note from the ime doctor in MD?

I requested a copy of my medical records including hand written notes from the Ime doctor Pushkin in Md. I was advised that state retirement system instruct the office not to give any applicant their medical records including the doctor hand written note. I was advised that I need to get a... Read more »

Eric Todd Kirk answered on Jul 1, 2019

You can ask the worker's compensation commission to issue a subpoena for your complete file if they will not produce it voluntarily. If they are contending there is some type of work-product privilege, you'll need to hire counsel to address this.

2 Answers | Asked in Personal Injury and Juvenile Law for Maryland on

Q: My broker is requiring court documents showing I am the Guardian of my daughter's settlement money under title 13

I opened a Guardianship brokerage account in 2014 to hold around $6,000 from a settlement for my daughter. I am now trying to take that money out of the market and put it into a Guardianship bank account. But my broker is not allowing me to take the money out - they are requiring that I provide a... Read more »

Eric Todd Kirk answered on Feb 27, 2019

You need to get the court's permission to withdraw money from a Title 13 trust account. You need to apply to the circuit court of the county where you, and show cause and standing, for the withdrawal.

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2 Answers | Asked in Car Accidents and Personal Injury for Maryland on

Q: Who do I need to speak to about a terrible accident involving myself and a natural resource officer?

Officer was chasing someone who ran a red light. Did not have sirens on and I proceeded to cross an intersection as our light had been green for a few seconds, and was T-boned on my side, the drivers side. High speed was a factor in this accident. My sweet dog was killed in the backseat. My mom was... Read more »

Eric Todd Kirk answered on Sep 17, 2018

Very sorry to hear that this has happened to you and your family. If you were injured in the accident you should indeed immediately consult with a Maryland personal injury attorney.

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3 Answers | Asked in Personal Injury, Car Accidents and Civil Litigation for Maryland on

Q: I got into a car accident with someone who lives in Virginia. They want the court proceedings to take place there but

the accident was in Maryland and that would be inconvenient for me. Do I have to?

Eric Todd Kirk answered on Sep 15, 2018

Jurisdiction can be a tricky area of the law. From the situation you described it certainly seems as though Maryland would have jurisdiction over the case. A basis for jurisdiction in Virginia is not clear from your facts, but may exist. If you are bringing the claim, you you should probably... Read more »

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1 Answer | Asked in Workers' Compensation for Maryland on

Q: Does workers' comp cover me if I'm not going to be able to work at all again?

Eric Todd Kirk answered on Sep 14, 2018

If your doctors say you cannot work because of your injuries, then yes you may be entitled to permanent and total disability benefits. These are difficult cases to prove and you should consult with a lawyer.

1 Answer | Asked in Traffic Tickets, Car Accidents, Civil Litigation and Small Claims for Maryland on

Q: How do i remove a suspension of my license from a judgment that was vacated

My driver's license was suspended for an unpaid judgment that was 8 years old that i did not know about. I got the judgment vacated and the plaintiff has no proceeded with any action on the case since the judgment has been vacated. How do I get this suspension removed since there is no more... Read more »

Eric Todd Kirk answered on Sep 13, 2018

I would suggest you contact the MVA, show them your paperwork, and follow their direction to get your license reinstated.

http://www.mva.maryland.gov/about-mva/info/27200/27200-07T.htm

1 Answer | Asked in Criminal Law for Maryland on

Q: So I’m confused on how much time my boyfriend is suppose to be serving.

He pleaded guilty and was originally suppose to serve 15 years but it says all 15 but 4 years suspended and the judge gave him 288 days credited and it says upon release he’ll have a supervised probation for a period of 5 years. Is he serving 4 more years or just 1 ?

Eric Todd Kirk answered on Aug 31, 2018

Based on your fact pattern he's serving 11 years, or 4 years, both with credit for time served. Definitely not one year. Your question is confusing as to what portion of the 15 year sentence is suspended 4 years or 11 years.

1 Answer | Asked in Car Accidents for Maryland on

Q: How do I know if I should report a car accident to my insurance or not? I don't want to raise my payments.

Eric Todd Kirk answered on Aug 31, 2018

If you were at fault and expect them to pay anything to the other side, or to you for pip or property damage, you need to report it. If you were not at fault, and want to collect pip, or payment under your collision or rental coverage, you need to report it.

4 Answers | Asked in Personal Injury and Civil Litigation for Maryland on

Q: Is the statute of limitations to file a lawsuit the same across all states?

Eric Todd Kirk answered on Aug 23, 2018

No. Each state has a separate rule, although the time frames under those rules may be the same as in some sister states.

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1 Answer | Asked in Workers' Compensation for Maryland on

Q: If I never signed off on a worker's compensation claim and it is still open, am I still entitled to benefits?

In 2001 or 2002 I injured my shoulder at a job. I actually had to have two shoulder surgeries as the same shoulder was injured twice at this job. Now I have been having issues with this shoulder sixteen years later. I never received a settlement or signed off on this injury through the insurance... Read more »

Eric Todd Kirk answered on Aug 21, 2018

The medical portion of your claim remains open. As long as a doctor is stating that your current complaints are related to a 16 year old injury, you are entitled medical only benefits at this point.

2 Answers | Asked in Car Accidents for Maryland on

Q: Do I still have to make lease payments if someone else caused an accident that totals my car?

Eric Todd Kirk answered on Aug 19, 2018

I'd think not, as the purpose of the lease has been frustrated, and I'm sure the lease holder mandated that you have insurance. Check the language of your lease that controls this situation, and make sure all players know of the situation.

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1 Answer | Asked in Criminal Law for Maryland on

Q: In Maryland can you run an red light in a funeral procession?

Eric Todd Kirk answered on Aug 18, 2018

There are very specific circumstances under which members of a procession may get special treatment. If you've been charged with a crime, or for casing an accident, you should conult closely with a lawyer.

2 Answers | Asked in Personal Injury for Maryland on

Q: What if both of you did something wrong in an accident - who is at fault?

Eric Todd Kirk answered on Aug 10, 2018

Both. Unlike most states, Maryland does not employ comparative fault concepts.

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1 Answer | Asked in Criminal Law for Maryland on

Q: If a person is in jail and have a preliminary hearing coming up, can they be released until trial?

Eric Todd Kirk answered on Aug 8, 2018

Sure. The court would set the terms of the release. This would include anything from recognizance to bail or other terms that the court found proper under the circumstances.

2 Answers | Asked in Car Accidents for Maryland on

Q: I was a victim of a hit and run, neither I or the officer got subpoenas for the court date, can I go to small claims?

The person who hit me got away with nothing no fees, tickets, nothing. I do want to go to small claims court. I recently checked the persons file under maryland judiciary search and now she is in stage 1 expungement for the hit and run, can I still go to claims court? To sue for the damage to my... Read more »

Eric Todd Kirk answered on Aug 3, 2018

Yes. The outcome in the traffic case has no bearing on your civil claim.

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2 Answers | Asked in Criminal Law, Constitutional Law and Federal Crimes for Maryland on

Q: My boyfriend was pulled over and the passenger had marijuana and money. He got charged is it legal

The passenger told cops it was his but it wasn't found on him nor was it his vehicle. We it was he say she say.

Eric Todd Kirk answered on Jul 25, 2018

Sure it's legal. If contraband and cash are found in a car, it's not unusual, and perfectly legal, to charge the occupants. It sound like he has a potentially winable constructive possession case. He should hire an experienced criminal attorney.

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3 Answers | Asked in Car Accidents and Personal Injury for Maryland on

Q: I was in an auto accident with no witnesses, Would a lawyer post signs at the intersection looking for witnesses?

Both drivers were found at fault because there were no witnesses. I was seriously injured; driving straight through an intersection, the other driver was turning left. He was uninjured. I never saw him.

Eric Todd Kirk answered on Jul 24, 2018

Your narrative recites there were no witnesses. Posting signs does not seem like an effective way to locate any. Having said that, you should really have an experienced personal injury attorney examine the liability determination you've been given by the police or by a claims adjuster.

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2 Answers | Asked in Criminal Law for Maryland on

Q: Can voluntary intoxication be used as a defense in court?

I was drunk to the point were I have no memory of the said events. I was drinking excessively throughout the day. I have witnesses to prove my lack of mental capacity. This is my first isolated major offenses of theft between 500 and 1500 dollars. Second degree assault were I unintentionally pushed... Read more »

Eric Todd Kirk answered on Jul 22, 2018

You need to consult with an attorney to discuss the if you've been charged with a crime involving specific intent, and the applcability of that offense to that crime.

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2 Answers | Asked in Car Accidents for Maryland on

Q: The other driver's insurance company seems like it's taking forever to investigate my accident. Do they have a time

limit they have to abide by?

Eric Todd Kirk answered on Jul 17, 2018

There is no hard and fast rule. Generally, 30 days is considered adequate time to investigate a claim. An unreasonable delay, especially where the answers are clear, may entice the MIA to get involved and examine the insurer's conduct.

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2 Answers | Asked in Criminal Law for Maryland on

Q: Can you refuse a drug test if your probation officer tries to make you take one?

Eric Todd Kirk answered on Jul 14, 2018

Is random drug screening a condition of your probation? No. You can't refuse. Technically, you can refuse to take it, but the agent would likely just violate you, and you would face the entire original suspended sentence.

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