Questions Answered by Eric Todd Kirk

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

2 Answers | Asked in Personal Injury and Juvenile Law for Maryland on
Answered on Feb 27, 2019
Eric Todd Kirk's answer
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.

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

2 Answers | Asked in Car Accidents and Personal Injury for Maryland on
Answered on Sep 17, 2018
Eric Todd Kirk's answer
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.

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

3 Answers | Asked in Personal Injury, Car Accidents and Civil Litigation for Maryland on
Answered on Sep 15, 2018
Eric Todd Kirk's answer
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 consult with a skilled personal injury attorney.

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

1 Answer | Asked in Workers' Compensation for Maryland on
Answered on Sep 14, 2018
Eric Todd Kirk's answer
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.

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

1 Answer | Asked in Traffic Tickets, Car Accidents, Civil Litigation and Small Claims for Maryland on
Answered on Sep 13, 2018
Eric Todd Kirk's answer
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

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

1 Answer | Asked in Criminal Law for Maryland on
Answered on Aug 31, 2018
Eric Todd Kirk's answer
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.

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.

1 Answer | Asked in Car Accidents for Maryland on
Answered on Aug 31, 2018
Eric Todd Kirk's answer
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.

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

4 Answers | Asked in Personal Injury and Civil Litigation for Maryland on
Answered on Aug 23, 2018
Eric Todd Kirk's answer
No. Each state has a separate rule, although the time frames under those rules may be the same as in some sister states.

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

1 Answer | Asked in Workers' Compensation for Maryland on
Answered on Aug 21, 2018
Eric Todd Kirk's answer
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.

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

2 Answers | Asked in Car Accidents for Maryland on
Answered on Aug 19, 2018
Eric Todd Kirk's answer
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.

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

1 Answer | Asked in Criminal Law for Maryland on
Answered on Aug 18, 2018
Eric Todd Kirk's answer
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.

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

2 Answers | Asked in Personal Injury for Maryland on
Answered on Aug 10, 2018
Eric Todd Kirk's answer
Both. Unlike most states, Maryland does not employ comparative fault concepts.

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

1 Answer | Asked in Criminal Law for Maryland on
Answered on Aug 8, 2018
Eric Todd Kirk's answer
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.

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?

2 Answers | Asked in Car Accidents for Maryland on
Answered on Aug 3, 2018
Eric Todd Kirk's answer
Yes. The outcome in the traffic case has no bearing on your civil claim.

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

2 Answers | Asked in Criminal Law, Constitutional Law and Federal Crimes for Maryland on
Answered on Jul 25, 2018
Eric Todd Kirk's answer
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.

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

3 Answers | Asked in Car Accidents and Personal Injury for Maryland on
Answered on Jul 24, 2018
Eric Todd Kirk's answer
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.

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

2 Answers | Asked in Criminal Law for Maryland on
Answered on Jul 22, 2018
Eric Todd Kirk's answer
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.

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

2 Answers | Asked in Car Accidents for Maryland on
Answered on Jul 17, 2018
Eric Todd Kirk's answer
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.

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

2 Answers | Asked in Criminal Law for Maryland on
Answered on Jul 14, 2018
Eric Todd Kirk's answer
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.

Q: What happens if my workers' compensation claim is denied? Is there an appeals process?

1 Answer | Asked in Workers' Compensation for Maryland on
Answered on Jul 5, 2018
Eric Todd Kirk's answer
Yes. You can appeal an adverse ruling at the WCC to the Circuit Court for review.

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