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Questions Answered by Eric Todd Kirk
1 Answer | Asked in Criminal Law for Maryland on
Q: i moved an abandonded vehicle from a garage what charges could i be lookin at
Eric Todd Kirk
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answered on Sep 28, 2017

That would depend on if it was truly "abandoned", under what circumstances you moved it, and where you moved it to. It would also be important to know if you've moved it again, and what steps you may have taken to safeguard it. The charges could range from theft to unauthorized use.... View More

1 Answer | Asked in Employment Law and Workers' Compensation for Maryland on
Q: Can I received lost wages while in therapy
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answered on Sep 26, 2017

Absolutely. If you doctor has placed you on an off-work status, or placed restrictions on your ability to work that make it impossible for you to do your job, or work your normal hours. If your question is can you get lost wages for the time you miss from work and spend going to therapy... View More

1 Answer | Asked in Workers' Compensation for Maryland on
Q: Does my employer handle my claim, or do I need to file it some place?
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answered on Sep 22, 2017

Your employer, or their insurer, is supposed to handle it. That does not always happen. You should file a claim with the WCC [Workers' Compensation Commission].

1 Answer | Asked in Personal Injury and Medical Malpractice for Maryland on
Q: When do defendants supposed to submit their expert?

Do the defendants supposed to submit their expert's report, after the plaintiff files lawsuit or after plaintiff files lawsuit along with (plaintiff) expert's report? Thanks.

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answered on Aug 28, 2017

The dates for submission are controlled by the terms of the scheduling order.

1 Answer | Asked in Personal Injury and Landlord - Tenant for Maryland on
Q: I'm suffering from ptsd I was in house fire not my house should I complain to the homeowner insurance ?
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answered on Aug 28, 2017

I am sorry to hear this has happened to you. PTSD based claims are complex. There are a number of factors to evaluate here. What was the nature and extend of your physical injury? Was a person responsible for the blaze? What is your current treatment course? You should likely consult with an... View More

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and White Collar Crime for Maryland on
Q: Felony Expungement

My girlfriend was convicted in 2010 of theft (non-violent) and was sentenced to 1 year of work release (She would live at the jail, go to work, and then report back to the jail), and then served 5 years on probation.

She has since completed her probation with no trouble. Can her felony be... View More

Eric Todd Kirk
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answered on Aug 16, 2017

Did she file a motion to modify within 90 days of her conviction? If so, and if that has not been ruled on, then yes, she may still have that opportunity.

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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Federal Crimes for Maryland on
Q: How can I deal with this situation?

This attorney is my kids father fiancee, she testified only as a witness for him in a final protective order hearing I had against him, and then after the judge granted my order she went on to represent him as his lawyer for an appeal in the same final protective order i have on him, then she got a... View More

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answered on Aug 9, 2017

There is a well known and long standing rule of professional conduct prohibiting a lawyer from acting as a witness and an advocate in the same proceeding.

1 Answer | Asked in Personal Injury for Maryland on
Q: Am I able to sue someone's estate for injuries from an accident

- the person was alive at the time of the injury but has since passed.

Eric Todd Kirk
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answered on Aug 4, 2017

Yes you can. You'll need to be careful because different and shorter time frames apply. If the person was insured, specific procedures apply to this as well. Your best course of action is to immediately consult with an experienced personal injury attorney

1 Answer | Asked in Workers' Compensation for Maryland on
Q: 1st w/c settlement offer $175000 + $ aside for medical,should I take first offer? And can I take offer n get voc trainin

How much will attorney get?

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answered on Jul 26, 2017

Q1. A -No. Q2. A- No. Unasked question: A- Yes, you should immediately consult with a seasoned worker's compensation attorney. There is simply no way to value, or explore the nuances of your case in this type of format. Many such attorneys offer free initial meetings.

1 Answer | Asked in Car Accidents for Maryland on
Q: The driver behind me caused an accident by passing me on the left on a double yellow line. Is he at fault?

In Baltimore, Maryland I was making a left hand turn from an avenue to a unlined two way neighborhood road.

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answered on Jul 25, 2017

Based on the circumstances you describe, being in the far left lane, with a turn signal on, waiting to make a left turn, it would certainly appear that an individual that passed you on the left would be the cause of the accident. If you sustained an injury in this accident, which you did not... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: If I was the plaintiff in a 2nd degree assault case and I failed to meet with the states attorney for the screening ...

interview therefore the case was dismissed/dropped is there any way to re open the case??? I already have a restraining order against the person but I need to have her charged with assault.

I went to the court house and a lady that wasn't the states attorney for my case said she... View More

Eric Todd Kirk
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answered on Jul 21, 2017

Ask the State's Attorney.

2 Answers | Asked in Workers' Compensation for Maryland on
Q: Was injured at work

- do I get compensation for a workers' comp for things that I can no longer do b/c of the injury that aren't related to my job, but impact my personal life?

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answered on Jul 21, 2017

Absolutely. If a doctor has determined that you have sustained a permanent injury pursuant to AMA guidelines, you are entitled to a monetary award, based on a number of factors, including the degree or percentage of impairment. One of the factors a court would determine in setting your award is the... View More

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1 Answer | Asked in Criminal Law for Maryland on
Q: I was assulted by a 17yr old..if i file charges after 18th bday will it still be underage or adult?
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answered on Jul 19, 2017

That's up to the State, not you. They may prosecute a juvenile as an adult, depending on the circumstances. The date of the offense would be considered, not the date you file an application for statement of charges.

1 Answer | Asked in Personal Injury and Traffic Tickets for Maryland on
Q: Regarding 21-401. Does the right of way apply to someone using the shoulder illegally as a lane?

The person turning left was in a designated left turn lane on a divided highway with the two lanes of traffic to pass though completely stopped and filled from one light to the next with vehicles is each lane stopped to allow the person turning left to be waived through.

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answered on Jul 18, 2017

It's difficult to envision the exact scenario you confronted based on your description. Was there a traffic control device? Your situation appears to involve two potentially competing concepts. Maryland law provides that one can turn left across oncoming traffic only when safe to do so. The... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: Is Harrassment illegal on social media site when asked to stop
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answered on Jul 6, 2017

Criminal Law Article, section 3-805, Misuse of electronic communication or interactive computer service, provides is a crime to: " maliciously engage in a course of conduct, through the use of electronic communication, that alarms or seriously annoys another:

(i) with the intent to...
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1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: In Maryland, How does a victim pursue their rights under § 11-201 MD Crim Pro Code? Any alternative solutions?

MD Crim Pro Code § 11-201 states that "A victim of an assault has the rights provided under § 3-207 of the Criminal Law Article.

§ 3-207 MD Crim Law Code, states that:

(a) Dismissal. -- On a pretrial motion of the State, a court may dismiss a charge of assault if: (1) the... View More

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answered on Jun 23, 2017

You'll need to go to court and convince the Judge the dismissal is proper under all the circumstances.

2 Answers | Asked in Car Accidents for Maryland on
Q: What does loss of enjoyment mean in the context of a car accident personal injury lawsuit and what can I recover for it?
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answered on Jun 20, 2017

Loss of enjoyment of your life is a component of non economic damage in your personal injury claim. "What did you injury keep you from doing" is perhaps a measure. Consult with a seasoned attorney about your claim.

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1 Answer | Asked in Criminal Law and Family Law for Maryland on
Q: Me and my bf are dealing with cps and c3i for something we didn't do Idk what else to do

A cps worker is trying to make me go down and file out papers to have my bf to never come around my son's and me and he said that if I dont go do it that it would look bad on me and that he can put me in jail for neglecting my child can they do that or not

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answered on Jun 19, 2017

I would urge you to consult with an experienced attorney for guidance.

2 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Domestic Violence for Maryland on
Q: Is it illegal for a boy to threaten to hit a girl? Along with that try to hit a girl?? He was trying to hit me

If nobody was blocking him he would of hit me

Eric Todd Kirk
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answered on Jun 13, 2017

The gender does not matter. If someone attempted to hit another, and the target apprehended they were about to be hit, that would constitute an assault.

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2 Answers | Asked in Personal Injury for Maryland on
Q: How hard is it to prove lost income potential in a personal injury lawsuit?
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answered on Jun 9, 2017

It is extremely difficult. You'll need to couple expert medical testimony with the experts opinions of vocational experts and potentially labor market analysis. Of course, the other side is likely to employ experts in similar fields with different, negative opinions.

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