Lawyers, Answer Questions  & Get Points Log In

Questions Answered by Eric Todd Kirk

2 Answers | Asked in Car Accidents for Maryland on

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

Eric Todd Kirk answered on Jun 18, 2018

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... Read more »

View More Answers

2 Answers | Asked in Car Accidents for Maryland on

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

Eric Todd Kirk answered on Jun 5, 2018

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,... Read more »

View More Answers

1 Answer | Asked in Criminal Law and Real Estate Law for Maryland on

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

She signed the statement in front of a lawyer and a notary a day before she went to settlement on the house. Is this family member in trouble if she is turned into the authorities? Is this considered perjury?

Eric Todd Kirk answered on Jun 3, 2018

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... Read more »

4 Answers | Asked in Personal Injury for Maryland on

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?

Eric Todd Kirk answered on Jun 1, 2018

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... Read more »

View More Answers

3 Answers | Asked in Car Accidents for Maryland on

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

can't recover medical expenses incurred? What are my options?

Eric Todd Kirk answered on May 27, 2018

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... Read more »

View More Answers

1 Answer | Asked in Workers' Compensation for Maryland on

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

Eric Todd Kirk answered on May 24, 2018

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... Read more »

3 Answers | Asked in Car Accidents for Maryland on

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

can't recover medical expenses incurred? What are my options?

Eric Todd Kirk answered on May 20, 2018

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... Read more »

View More Answers

2 Answers | Asked in Personal Injury for Maryland on

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

Eric Todd Kirk answered on May 12, 2018

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... Read more »

View More Answers

3 Answers | Asked in Personal Injury, Car Accidents and Civil Litigation for Maryland on

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

Eric Todd Kirk answered on May 11, 2018

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... Read more »

View More Answers

2 Answers | Asked in Criminal Law for Maryland on

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

certain witnesses and or state the opening or closing arguments himself ? Is there a law or a practice and procedure rule that prevents this type of hybrid representation ?

Eric Todd Kirk answered on May 3, 2018

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.

View More Answers

2 Answers | Asked in Criminal Law for Maryland on

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

he is being held in ann Arundel county

Eric Todd Kirk answered on May 2, 2018

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.

View More Answers

3 Answers | Asked in Car Accidents for Maryland on

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

anyone before a lawyer but I spoke to the police to answer questions at the scene of the accident. Was that a mistake?

Eric Todd Kirk answered on May 2, 2018

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... Read more »

View More Answers

2 Answers | Asked in Criminal Law for Maryland on

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

Eric Todd Kirk answered on Apr 26, 2018

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.

View More Answers

1 Answer | Asked in Workers' Compensation for Maryland on

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

Eric Todd Kirk answered on Apr 20, 2018

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... Read more »

3 Answers | Asked in Car Accidents for Maryland on

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

EVEN THOUGH THEIR POLICY HOLDER TOOK FAULT

Eric Todd Kirk answered on Apr 20, 2018

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... Read more »

View More Answers

2 Answers | Asked in Criminal Law for Maryland on

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

Eric Todd Kirk answered on Apr 17, 2018

You should contact your lawyer and discuss the matter to see if you can reach an amicable solution to your disappointment.

View More Answers

3 Answers | Asked in Car Accidents for Maryland on

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?

Eric Todd Kirk answered on Apr 15, 2018

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... Read more »

View More Answers

1 Answer | Asked in Criminal Law and Family Law for Maryland on

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

Eric Todd Kirk answered on Apr 8, 2018

Yes. You should have no contact. If you want clarification, you should file a motion, and ask the court to clarify the ruling.

1 Answer | Asked in Criminal Law for Maryland on

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

Eric Todd Kirk answered on Apr 7, 2018

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.

2 Answers | Asked in Car Accidents and Personal Injury for Maryland on

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

my ex girlfriend was in a car accident and the insurance company sued me and her. They claim she was acting as agent, servant and or employee of me in the complaint. which she was not. The claim against her was dismissed as she was never served and I had a default judgment vacated as I proved I was... Read more »

Eric Todd Kirk answered on Mar 31, 2018

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... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.