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2 Answers | Asked in Personal Injury for Maryland on
Q: Can you ask for non-economic damages in injury claims? Or do you have to file a lawsuit?
Eric Todd Kirk
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answered on Mar 6, 2017

You can, and absolutely should, submit a non-economic damages claim to the relevant insurance company. They are obligated to include such a claim in any settlement discussions with you, if supported by the facts of your case. Of course, non-economic and economic damages would be part of any... View More

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1 Answer | Asked in Collections and Consumer Law for Maryland on
Q: Amount of time the law gives you before lien?

What is the amount of time you get before lien? Also if you rent a room in a house, can a lien be placed on the house(which you don't own)?

Eric Todd Kirk
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answered on Mar 5, 2017

It is not possible to fully answer your question without some additional context. The law does provide that, in certain instances, individuals can assert a lien without first obtaining a judgement. Examples here would be a mechanic's lien or a lien for attorneys fees. In other instances one... View More

1 Answer | Asked in Personal Injury for Maryland on
Q: when will the court send me letter of dismissal?

letter that confirms lawyer was dismiss from my case. do I have to ask court to extend me time to get another lawyer?

Eric Todd Kirk
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answered on Mar 4, 2017

If your lawyer has filed a motion to strike his or her appearance, the court will typically not grant that motion until 15 days from the date of filing has passed. If however, you filed a document with the court agreeing to the motion, they could rule on it sooner. You can certainly ask the court... View More

2 Answers | Asked in Personal Injury for Maryland on
Q: When do the opponent's insurance send report explaining if they disagree with my expert?
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answered on Mar 4, 2017

An insurance company might be hesitant or unlikely to share expert reports with you. If a lawsuit has been filed, however, discovery requests can be directed to expert materials and there are certain mandatory disclosures regarding experts. If the latter scenario applies to you and you are involved... View More

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2 Answers | Asked in Personal Injury for Maryland on
Q: What's the statue of limitation for filing lawsuit?

The statue of limitation on discovery passed sometime after filing complaint, the insurance company don't want to settle. Can I still go and file lawsuit?

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answered on Mar 4, 2017

It's not possible to answer this question without some context. You mentioned several different concepts. One of which would seem to suggest the discovery rule, which can have the effect of extending the statute of limitations. You also mention that the claim had already been filed, so the... View More

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1 Answer | Asked in Criminal Law for Maryland on
Q: I was involved in dv case I wrote a statement that evening.. I started the fight and another party called the police..

I gave a full description of my physical involvement and his.. i was never charged..The police officer when filing charges completely changed what my statement was that evening which lead to my fiances arrest and now are refusing to provide a copy of the statement I wrote that evening what do I do

Eric Todd Kirk
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answered on Mar 2, 2017

A police officer is not obligated to adopt your version of events and Incorporate that in a statement of charges. A police officer is going to conduct an investigation, try to determine what happened, based on the evidence, and incorporate those findings into a statement that he or she believes... View More

3 Answers | Asked in Personal Injury and Medical Malpractice for Maryland on
Q: What it means when court can't find your claim #?

Former attorney didn't file lawsuit. No information shows up when court clerk searches claim #. There is also another claim # (I think is filed with defendant's insurance). What does this mean?

Eric Todd Kirk
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answered on Mar 1, 2017

Typically the claim number would be something an insurance company would use to reference a claim, internally, and in communications with your lawyer.

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2 Answers | Asked in Criminal Law, Personal Injury and Wrongful Death for Pennsylvania on
Q: My 17 year old daughter died of alcohol poisoning due to her boyfriend and his friend's negligence. In Lycoming County.

They were at her boyfriends friends Aunts home. I need help filing a claim and dont know where to start or what to file? We are Maryland residents as was my daughter however her death and the crimes occurred in PA. I was told I could file a claim against the home owners insurance of the residence... View More

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answered on Feb 28, 2017

I am saddened to hear of your loss. These are tragic circumstances. There are many variables in this situation, jurisdiction being only one of many. I would urge you to promptly consult with an experienced personal injury attorney to review the facts in detail, and render an informed opinion for... View More

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4 Answers | Asked in Personal Injury for Maryland on
Q: If you are hurt in a hit and run accident can you still claim damages?
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answered on Feb 11, 2017

Yes. You have some options. A thorough lawyer may be able to investigate and find the fleeing driver. If not, your underinsured/uninsured coverage would kick in, and you would be entitled to benefits, and could sue if not provided by your carrier. Depending on your circumsta

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4 Answers | Asked in Car Accidents for Maryland on
Q: How do the police (or a court) determine who's at fault in an accident if both drivers insist it wasn't them and want

compensation for their injuries from the other person?

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answered on Feb 9, 2017

Police may or may not be making a fault determination in this instance. Most likely you will find yourself in front of a judge or a jury, who will make the determination who caused the accident. If you intend to pursue a personal injury claim, it is vital that you immediately consult with an... View More

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2 Answers | Asked in Banking, Criminal Law, Identity Theft and Gaming for Maryland on
Q: If i get a fake (non-working) credit card online , and when i go to buy something, it works...what will happen? imnot18
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answered on Feb 5, 2017

Sounds like the theft or attempted theft. If you're not 18 you would be charged as a juvenile. If you've already been charged your family should immediately consult with an experienced criminal defense attorney.

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2 Answers | Asked in Workers' Compensation for Maryland on
Q: Are there circumstances where you can file a workers' comp claim and a personal injury lawsuit when you're injured on

the job?

Eric Todd Kirk
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answered on Feb 1, 2017

Yes. Absolutely. The general rules are that you cannot sue your employer and you are limited to collecting workers compensation benefits from your employer. However if you were injured while at work through the negligence of a third party, you can absolutely file a personal injury claim against... View More

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3 Answers | Asked in Car Accidents for Maryland on
Q: A friend is helping me out with my business, but he's not my employee.

What am I on the hook for if he gets in a car accident?

Eric Todd Kirk
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answered on Jan 28, 2017

He'd most likely be deemed your agent. If he's using your car, make sure it's insured for business use under these circumstances. If he uses his, make sure of the same.

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3 Answers | Asked in Personal Injury for Maryland on
Q: What standard do I have to meet to prove pain and suffering?
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answered on Jan 27, 2017

In court the evidentiary standard would be by a preponderance of the evidence. This means it's more likely so then not that you sustained non-economic damages in your accident. You would be required to present proof from a doctor that, to a reasonable degree of medical certainty or... View More

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1 Answer | Asked in Criminal Law for Maryland on
Q: Me and my boyfriend got into a fight we both have second degree assault charges we both don't want to testify.

Can the charges be dropped?

Eric Todd Kirk
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answered on Jan 19, 2017

There is a process by which you and your boyfriend could each invoke your 5th Amendment privilege and agree not to testify against the other. In the absence of other witnesses to the event this state could decide they have no evidence to prosecute either of you and drop the charges

2 Answers | Asked in Workers' Compensation for Maryland on
Q: Is there any way for a freelance worker/contractor to receive workers' comp benefits if injured on the job?
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answered on Jan 14, 2017

There has to be an employer-employee relationship in order to entitle one to workers compensation benefits. Sometimes employers characterize their employees as independent contractors, but that might not be the case legally. The legal test is a complex one. You should immediately consult with an... View More

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1 Answer | Asked in Employment Law for Maryland on
Q: Does a company owe all their employees back pay and liquated damages if the company settles a lawsuit?

My company was sued for not paying time and a half. The men who sued settled with the my company. Those men received back pay and liquated damages. The rest of the employees only received back pay. Am I also entitled to liquated dsmges, or would I have to sue the company in order to get my liquated... View More

Eric Todd Kirk
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answered on Jan 11, 2017

This does not seem like a WC based claim. What were the 'liquidated damages' for? You should probably consult with an experienced attorney handling unpaid wages claims.

3 Answers | Asked in Personal Injury for Maryland on
Q: I was severely injured in a car accident and have been focusing on my recovery and physical therapy for the past couple

years. Only now have I had time to consider filing a claim. Is there a time limit and if so are there any exceptions?

Eric Todd Kirk
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answered on Dec 22, 2016

I am sorry to hear that you've been injured. Generally, in Maryland, an injured person will have three years from the date of the accident to file a claim for personal injury. The statute of limitations in other states may be shorter. Additionally, if you are dealing with any type of... View More

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2 Answers | Asked in Car Accidents for Maryland on
Q: I was out doing some Christmas shopping and got hit by sub contractor mall security

-- who is going to pay my bills here?

Eric Todd Kirk
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answered on Dec 20, 2016

It sounds like the security guard was at fault. Assuming so, he/ she may be liable, and/or his or her employer. The key here is to find who has insurance coverage, and who the relevant parties are. You should get medical care if you were injured, and promptly consult with a seasoned injury attorney.

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1 Answer | Asked in Criminal Law for Maryland on
Q: 4 counts of CR.5.601 A 1 and 1 count of CR.5.601 C 1 the first part was test out of the second part, what are the conseq
Eric Todd Kirk
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answered on Dec 19, 2016

A violation of 5.601 carries 4 years and/or a 25,000 fine. There is an exception for marijuana, and for less than 10 grams of marijuana. It is not clear from the context of your question regarding the testing. Do you have the CDS analysis? You need to consult with an experienced criminal defense... View More

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