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3 Answers | Asked in Car Accidents for Maryland on
Q: If my seventeen year old son ran a stoplight and hit a pedestrian, can they sue me as his parent for medical expenses,

even if he took the car on a joyride without my permission?

Eric Todd Kirk
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answered on Jun 7, 2017

In Maryland the owner of a car is presumptively responsible for the acts of the driver. That presumption is usually easily dispelled. Another theory that could be available here is one of negligent entrustment. The claim here would be that you entrusted the car to your child knowing that he was a... View More

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1 Answer | Asked in Personal Injury for Maryland on
Q: What's the round figure or estimate number that I can get from a pit bull bite case?
Eric Todd Kirk
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answered on Jun 5, 2017

It's not possible to fairly and honestly answer that without possessing all of the facts. There are multiple variables that play into case valuation. What was the nature, extent and cost of your medical care? Will you need additional care? Did you get psychological care and attendance? Did... View More

3 Answers | Asked in Personal Injury for Maryland on
Q: How would I pay medical bills while an injury lawsuit is pending?
Eric Todd Kirk
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answered on May 26, 2017

Many experienced personal injury attorneys are able to forestall collection efforts. Your attorney should be able to get the medical providers to put the collection in abeyance until your case is resolved. If you don't have an attorney you should consult with one promptly.

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3 Answers | Asked in Car Accidents for Maryland on
Q: HI, Does the statute of limitations regarding auto accidents apply to the state in which the accident occurred?

Or is it the state of residence of the at fault driver? Thanks

Eric Todd Kirk
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answered on May 23, 2017

If you sue in MD, you get the benefit of the 3 year SOL. If you chose to sue in PA, it is possible the 2 year SOL would apply, but there may be a conflict of law analysis that could lead to the MD statue applying. The later issue is a complex one, and you should discuss this with a seasoned... View More

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2 Answers | Asked in Car Accidents for Maryland on
Q: A driver side-swiped me and I'm trying to get him to pay my medical bills but he's claiming it wasn't his fault because

his tires are defective. If the court decides this is true, do I have to then sue the tire manufacturer?

Eric Todd Kirk
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answered on May 16, 2017

If he's successful in the defense, you may have a claim. It would be important to preserve the tires so that you can have them examined by an appropriate expert to prove an defect. You should likely promptly consult with an experienced personal injury attorney.

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2 Answers | Asked in Car Accidents for Maryland on
Q: How does Maryland handle car accidents where two cars collide but it was primarily the fault of a third car that got

away unscathed?

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answered on May 1, 2017

Unfortunately, Maryland is one of 5 [at last count] states that adheres to the common law's concepts of contributory negligence. Under this scheme, the comparative fault of the involved drivers is not weighed in comparison to one another. Under a a contributory negligence framework, you... View More

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3 Answers | Asked in Personal Injury for Maryland on
Q: Is there any legal recourse if the driver who hit your car is uninsured?
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answered on Apr 28, 2017

Your recourse here is to look to the uninsured/underinsured coverage on your own auto policy. Such coverage is mandatory in MD, unless you affirmatively waive it. You should consult with an experienced personal injury lawyer to assist you in prosecuting such a claim.

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2 Answers | Asked in Criminal Law for Maryland on
Q: My sister was sentenced to 25 months in connecticut and wants to know when is the earliest she is eligible for parole

Also would she be eligible for halfway house in the state she is from which is maryland.

Eric Todd Kirk
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answered on Apr 21, 2017

You be best served by asking a lawyer in Connecticut that question.

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1 Answer | Asked in Criminal Law, Federal Crimes and Juvenile Law for Maryland on
Q: How many years will my friend most likely serve in prison?

My friend is a minor, 16 years old, and has been charged with armed robbery, robbery, criminal assault of the first and second degree, criminal conspiracy and theft under $1,000. We live in Maryland and his friends and myself are all very worried about his sentence. How long do you think it will... View More

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answered on Apr 21, 2017

These are obviously serious charges. If your friend has been charged as an adult, he faces in excess of 25 years in prison. Because of the number of charges, possible sentences may be impossible to predict at this point. He, or his family should immediately seek a consultation with an experienced... View More

1 Answer | Asked in Insurance Bad Faith and Workers' Compensation for Maryland on
Q: What happens if insurance company wont open a claim with a tpd order , ppd order, and penalties filed for 40% with com?

I have an order from the wcc for a temp. Partial dis.+ a perm. Part. Dis. Plus have filed penalties for them not refusing to open a claim. However there is still no action being taken by the company/ thier ins. Company to open a claim at all. What is the next step if they continue to refuse payment... View More

Eric Todd Kirk
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answered on Apr 21, 2017

It does not appear that you are represented by counsel. The the fact that you are at this stage, with the various orders you indicated, but without any worker's compensation benefits to show for it, suggests to me that perhaps it is time to change that plan of action. Many WC lawyers offer... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: How can I see discovery in a plea case?

I was charged in a drug conspiracy to distribute oxycodone where I subsequently agreed to a plea bargain of 20 years with 15 suspended and 18 months probation. Parole and probation have since expired and I'd like to know if it is possible for me to see the discovery that was part of the case?

Eric Todd Kirk
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answered on Apr 12, 2017

If you had an attorney, you could ask the see the file. You could file an Maryland Public Information Act request, and see what the government says in response.

2 Answers | Asked in Car Accidents for Maryland on
Q: The insurance company of the driver/car that hit me wants me to provide a written statement of my version of the

accident. Should I do this?

Eric Todd Kirk
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answered on Apr 12, 2017

I'd not be inclined to give anything in writing. It is fairly common in the industry for an insurance company to ask for an 'recorded statement'. If you are confident of your story, and certain of the law that is applicable to those facts, then give a statement. If you are unsure as... View More

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1 Answer | Asked in Criminal Law for Maryland on
Q: Can an inmate file a coram nobis in the state of Maryland?
Eric Todd Kirk
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answered on Apr 10, 2017

An inmate typically can file anything that a non incarcerated person could file. A Petition for Writ of Coram Nobis would be one of those documents.

3 Answers | Asked in Criminal Law for Maryland on
Q: are detectives supposed to read you your rights before a interview?
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answered on Mar 22, 2017

It all depends on the context. Were you arrested? Miranda rights have to be given prior to any custodial interrogation- a very fact specific determination. Moreover, just because the rights weren't given does not necessarily matter. If the state is not offering your systements

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2 Answers | Asked in Criminal Law for Maryland on
Q: Can my ex-husband post an audio recording and court trial on Facebook and Youtube? I had no idea I was being recorded.

My ex-husband recorded phone conversations and our court trial and posted them on Facebook and Youtube. The court trial contains my address and other personal information for anyone to hear now. He was already ruled not to stalk me. Can I legally do anything about this? I had no knowledge of being... View More

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answered on Mar 18, 2017

There are potentially several criminal violations here as well as violations of local court administrative orders regarding the use of recording equipment in courtrooms. You should consult the State's Attorney's office. There also might be way to seek injunctive relief through the civil... View More

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3 Answers | Asked in Car Accidents for Maryland on
Q: What types of things can I receive compensation for in a car accident lawsuit?
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answered on Mar 18, 2017

If you sustained a bodily injury in a car accident you are entitled to recover economic and non-economic damages. Economic damages would include things like medical bills, lost wages, car rental, and any out-of-pocket expenses. Non-economic damages include things like distress, discomfort,... View More

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1 Answer | Asked in Workers' Compensation for Maryland on
Q: If my workers comp was stopped and the get started again do i get back payed . this is do to getting vocational training
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answered on Mar 16, 2017

There can be a delay between the cessation of temporary total disability benefits at a point of maximum medical improvement, and the resumption of benefits once approved for vocational rehabilitation. You should consider consulting with an experienced workers compensation attorney to ensure you are... View More

1 Answer | Asked in Insurance Defense and Personal Injury for Maryland on
Q: Do I only need to contact insurance adjuster and in what amount of time to not have my claim permanently closed?

I have to find another attorney.

Eric Todd Kirk
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answered on Mar 15, 2017

This question is difficult to answer without context. A claim would be permanently closed if you signed a release, if your claim went to trial and no appeal was taken, or, if 3 years had elapsed without your filing a lawsuit from the date of personal injury. You also mentioned you need to find an... View More

2 Answers | Asked in Criminal Law for Maryland on
Q: In 2011 I was convicted of cds not marijuana. Can I get that expunged or changed to pbj?
Eric Todd Kirk
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answered on Mar 15, 2017

Your cannot have a conviction for that crime expunged. If you or your attorney timely [within 90 days] filed a motion to modify back in 2011, you may still have a chance to have the sentence modified. You should immediately consult with a seasoned personal injury lawyer.

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3 Answers | Asked in Workers' Compensation and Car Accidents for Maryland on
Q: My husband was not notified but found out he has been assigned an attorney for his WC case by the carrier.

Should he contact his employer for the attorney's contact information? Why would an attorney be assigned to a Workers Comp case?

Eric Todd Kirk
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answered on Mar 15, 2017

The carrier would not assign an attorney for him. The would hire an attorney to represent their interests, not his. He should immediately consult with an experienced worker's compensation attorney.

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