Questions Answered by Eric Todd Kirk

Q: I am unhappy with the insurance settlement I got from a car accident. Is there a way to appeal for more money?

2 Answers | Asked in Car Accidents for Maryland on
Answered on Jun 18, 2018
Eric Todd Kirk's answer
if you signed a release and accepted money. The case is over. This is considered binding. If an insurance company has offered you money, and you have not yet accepted, the offer may be negotiable, and you have the option to go to court and ask a judge or jury to determine a fair amount. You should seek the guidance of an experienced personal injury attorney.

Q: If I take statements from witnesses of my car accident, will those hold up in court?

2 Answers | Asked in Car Accidents for Maryland on
Answered on Jun 5, 2018
Eric Todd Kirk's answer
The statements of witnesses would be considered hearsay and inadmissible at trial as substantive evidence of what happened. Those witnesses would need to appear in court and give live in-person testimony as to the happening of the accident, so that they are subject to cross-examination. If, however, the witness changes their story from the statement they gave you, the earlier statement can be used to highlight the inconsistency, or, potentially refresh recollection. It is always a good idea to...

Q: My family member signed a statement claiming she was going to be living in a house that she would never live in

1 Answer | Asked in Criminal Law and Real Estate Law for Maryland on
Answered on Jun 3, 2018
Eric Todd Kirk's answer
I would have to believe that there are penalties for signing a statement under oath indicating that you plan to use a home as your principal place of residence, and then never doing so, or having any intention of doing so. I would defer to experienced Real Estate counsel, who would likely be most familiar with the civil and criminal penalties that ensue.

Q: I was hit while riding my bicycle and I hardly remember it. How can I sue the driver if my memory is so blurry?

4 Answers | Asked in Personal Injury for Maryland on
Answered on Jun 1, 2018
Eric Todd Kirk's answer
You need to look for witnesses, and potentially sources of surveillance that could have captured the event. If Police were summoned that would be a good place to start, as well as any ambulance records, and a general canvas of the area, searching for private or public methods of surveillance. Many personal injury attorneys conduct their own investigation. It might be a good idea to speak to one.

Q: Someone rear-ended me, and I just found out that they weren't adequately covered in terms of insurance. Does that mean I

3 Answers | Asked in Car Accidents for Maryland on
Answered on May 27, 2018
Eric Todd Kirk's answer
Sorry to hear this happened to you. You can file a claim for personal injury protection benefits under your own policy. This would create a source of funds available to pay medical expenses up to the limits of your policy- typically $2,500. You may also file a claim against your own uninsured/underinsured motorist policy. This would create an additional source of funds available to pay medical or other expenses, up to the policy limit. You would probably be best served by immediately consulting...

Q: When do medical benefits become available to an employee who sustains an on-the-job injury?

1 Answer | Asked in Workers' Compensation for Maryland on
Answered on May 24, 2018
Eric Todd Kirk's answer
Immediately. Make sure that you report your accident and corresponding injury to employer. Make sure that you complete any required documents. Request treatment for your injury. If treatment is not provided or delayed by your employer, immediately seek medical treatment on your own and keep your records and bills.

Q: Someone rear-ended me, and I just found out that they weren't adequately covered in terms of insurance. Does that mean I

3 Answers | Asked in Car Accidents for Maryland on
Answered on May 20, 2018
Eric Todd Kirk's answer
In this instance you would look to your own underinsured coverage for a full recovery. Maryland law requires a minimum of $30,000 in liability coverage. If you opted to purchase uninsured/underinsured insurance above that level, you would have the availability of underinsured coverage on your own policy available to you. If the person that hit you lacked insurance all together, you would file an uninsured motorist claim with your own company to cover your losses. You may benefit from a...

Q: I had an injury 2 years ago now i am getting pain again can i start back my claim

2 Answers | Asked in Personal Injury for Maryland on
Answered on May 12, 2018
Eric Todd Kirk's answer
Not if you settled, it executed a release, or had the claim otherwise resolved by a court of law. The Maryland the statute of limitations for a claim based on negligence is 3 years, so it appears you are within that time frame. It may be difficult or impossible to prove the symptoms occurring 2 years after an accident are indeed related to that accident, in the absence of a consistent treatment history throughout that time. You should consult with our long-time, experienced personal injury...

Q: How long do I have to file a claim for an injury sustained in a car accident?

3 Answers | Asked in Personal Injury, Car Accidents and Civil Litigation for Maryland on
Answered on May 11, 2018
Eric Todd Kirk's answer
That answer has a lot of variables and the answer depends in part on what you mean by filing a claim. In Maryland, lawsuits based on negligence must be filed within three years from the date of loss. If the claim is against the government, then there are frequently notice requirements that must be undertaken, with shorter time frames. A claim filed with an insurance company, whether yours or the other side, should be filed immediately upon the happening of an accident. It is usually best to...

Q: Can a defendant in a criminal case who is represented by private counsel, help present his defense by cross-examining

2 Answers | Asked in Criminal Law for Maryland on
Answered on May 3, 2018
Eric Todd Kirk's answer
No. You can't. You are in proper person, or you are represented, not both. You certainly can get your questions asked, through your chosen attorney. You can get your arguments raised, through your chosen attorney. Or, you can choose to represent yourself. Good luck.

Q: How can i find out what my son has a fugitive warrant for in Virginia

2 Answers | Asked in Criminal Law for Maryland on
Answered on May 2, 2018
Eric Todd Kirk's answer
You'd likely need to find the appropriate issuing jurisdiction in VA, and contact the judiciary/ court system there to uncover out what can be found out about the nature of the underlying charges.

Q: I was recently in a car accident that I'm pretty sure was the other driver's fault. I keep seeing advice not to talk to

3 Answers | Asked in Car Accidents for Maryland on
Answered on May 2, 2018
Eric Todd Kirk's answer
Absolutely not. You are obligated to provide certain information by law to the police as well as other participants in the incident, if applicable. You are also obligated to cooperate with your own insurance company regarding the specifics of the accident. My suggestion would be that you don't speak to anyone else, and, to immediately consult with an attorney if you were injured in the accident, or, if you have questions regarding liability.

Q: What will charges outcome be for first time charge of human trafficking in Maryland

2 Answers | Asked in Criminal Law for Maryland on
Answered on Apr 26, 2018
Eric Todd Kirk's answer
10 years or a fine not exceeding $5,000 or both is the maximum penalty, more if a minor was involved. These charges are treated seriously in Maryland. You should consult with experienced criminal defense counsel.

Q: What happens if I want to switch jobs while my workers' comp case hasn't been finalized yet?

1 Answer | Asked in Workers' Compensation for Maryland on
Answered on Apr 20, 2018
Eric Todd Kirk's answer
Not sure what you mean by finalized. It's difficult to envisionany negative consequences for someone looking for work, continuing to work, or starting new work during the pendency of a workers compensation case. Certainly there would be no impact on medical benefits. It could potentially be argued that leaving employment voluntarily might serve to cut off any future temporary partial or temporary total benefits.

Q: WHAT CAN I DO IF A INSURANCE COMPANY TAKE FULL RESPONSIBILITY OF A ACCIDENT. THEN TURN AROUND AND DENIE THE CLAIM.

3 Answers | Asked in Car Accidents for Maryland on
Answered on Apr 20, 2018
Eric Todd Kirk's answer
This is actually much more common than one might think. One major insurance company in particular is well-known for accepting responsibility for an accident, paying for any associated property damage, but then contending that no one could have been hurt in the accident because of the relatively small amount of property damage involved. The avenue available to you is to challenge the insurance company's decision through litigation. You should immediately consult with a seasoned and experienced...

Q: I PAID MY ATTORNEY HIS FEE. I AM NOT HAPPY WITH HIM, CAN I GET IT BACK?

2 Answers | Asked in Criminal Law for Maryland on
Answered on Apr 17, 2018
Eric Todd Kirk's answer
You should contact your lawyer and discuss the matter to see if you can reach an amicable solution to your disappointment.

Q: I was hit by a driver who lives out of state. Can I still sue him in Maryland or do I have to travel to his state?

3 Answers | Asked in Car Accidents for Maryland on
Answered on Apr 15, 2018
Eric Todd Kirk's answer
Maryland law provides by commiting a tortiousact within the confines of the state of Maryland -a car accident would certainly be considered such an act- an out-of-state resident is subject to the jurisdiction of Maryland courts. It may be true that you could also pursue individual where they live, but certainly Maryland would seem like the preferred location. You should immediately consult with a skilled Maryland personal injury lawyer to further review your options.

Q: Commissioner said no contact at my release, but there's nothing in my paperwork. So, is there a order?

1 Answer | Asked in Criminal Law and Family Law for Maryland on
Answered on Apr 8, 2018
Eric Todd Kirk's answer
Yes. You should have no contact. If you want clarification, you should file a motion, and ask the court to clarify the ruling.

Q: The warrant was issued I was never served or arrested and days later the warrant was recalled. Can I still be arrested?

1 Answer | Asked in Criminal Law for Maryland on
Answered on Apr 7, 2018
Eric Todd Kirk's answer
Not on a warrant that has been recalled. You should probably keep proof the warrant has been recalled on your person for a few months.

Q: How do i defend my self against a claim of negligence as owner of vehicle?

2 Answers | Asked in Car Accidents and Personal Injury for Maryland on
Answered on Mar 31, 2018
Eric Todd Kirk's answer
Maryland law creates a presumption that if someone who is not the owner of the vehicle operated that vehicle, they are doing so as the agent of the owner. This is perhaps the easiest presumption to dispell under the law. All that is usually required is your testimony. If your vehicle is insured you need to be sure that they are aware of pendency of the lawsuit.

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