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2 Answers | Asked in Car Accidents for Maryland on
Q: my father drove my truck was in a accident. I have full coverage he isn't on my policy but has insurance. Am I at fault?

Not sure which driver was at fault. What can I expect from my insurance company or any insurance company. Can I be sued? I'm not sure if I need to notify my insurance company. Both drivers were flown to Shock Trauma. My father needs multiple surgeries for severe broken ankle and leg and other... View More

Eric Todd Kirk
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answered on Mar 10, 2020

Call your insurance company and cooperate fully. Best wishes for your father.

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1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Maryland on
Q: Inmy statement of probable cause it says pant instead of plants is that a clerical error that can be grounds for dismiss

If so what language should i use or say to have that piece of evidence thrown out

Eric Todd Kirk
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answered on Mar 9, 2020

Without seeing the statement itself it's impossible to say for sure but this certainly appears to be a simple typographical error. That would not be grounds for dismissal.

1 Answer | Asked in Criminal Law for Maryland on
Q: I just wanted to know for my case will it be a fine for disorderly conduct and failure to follow a lawful order

The cop just ask me to be quiet and I kept talking and was intoxicated

Eric Todd Kirk
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answered on Feb 26, 2020

Offenders without a record would typically not go to jail with these types of charges. But there are no guarantees and certainly a sanction harsher than a mere fine as possible. An experienced criminal defense attorney may be able to assist you in keeping this incident off of your record and... View More

1 Answer | Asked in Consumer Law and Criminal Law for Maryland on
Q: I bought a vehicle from someone who rolled back an odometer. Can I sue them for the full price + repairs for vehicle?

I bought a vehicle from someone in Laurel Maryland (private party) and i have proof from Pennsylvania State Police that the individual rolled back the odometer almost 70,000 miles. After fussing with them back and fourth, they said they will take the car back for ONLY the price I paid them for it,... View More

Eric Todd Kirk
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answered on Feb 18, 2020

That may or may not constitute a crime. You certainly could report it to the applicable state's attorney's office. Your best bet is likely to consult with the Attorney General or an attorney in private civil practice.

2 Answers | Asked in Car Accidents for Maryland on
Q: What is the specific code or law applying to driving with the condition of sleep apnea?
Eric Todd Kirk
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answered on Feb 15, 2020

It's difficult to fully answer this question without some additional context. Obviously driving while experiencing an episode of sleep apnea would not seem possible. Falling asleep at the wheel is not necessarily criminal or negligent, but could be. For example if someone suffered from sleep... View More

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1 Answer | Asked in Appeals / Appellate Law, Personal Injury and Workers' Compensation for Maryland on
Q: If workers comp doc clears me and my doc says I need light duty for 2 more weeks, can I appeal?

I hurt my back, and it is all muscular spasms and pain. The workers comp doc didn't even give a decent assessment and kept telling me to be quiet as I was trying to answer his questions. I have been working light duty, not missing work, just not able to work in my dept. I feel I was treated... View More

Eric Todd Kirk
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answered on Feb 3, 2020

You will need to hire an experienced workers' compensation attorney to pursue a claim for temporary total/temporary partial wage loss benefits for you. This is a complex claim and a decision by a judge of compensation claims is necessary to resolve the conflict between doctors.

2 Answers | Asked in Personal Injury for Maryland on
Q: Can my state settlement be intercepted

I have signed a release of all claims against state of Maryland for a vechicular accident

Eric Todd Kirk
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answered on Jan 24, 2020

It's not clear what you mean by "intercept". I've seen this lingo used by child support enforcement agencies. If someone owes back support, those agencies have the authority to get tax refund money prior to it being given to the child support obligor. If you owe back taxes to... View More

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2 Answers | Asked in DUI / DWI and Car Accidents for Maryland on
Q: My husband is being sued for 75k for an accident that he caused. Could I be sued? My name wasn't on the title of his car

My name wasn't on the title of his car. It was a DUI.

Eric Todd Kirk
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answered on Jan 10, 2020

If you were not the owner or driver of the car, it is difficult or impossible to understand the legal theory that one would use to hold you accountable. If you were present in the car, had an obligation to prevent him from driving, and did not, or encouraged him in some fashion, there may be some... View More

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1 Answer | Asked in Workers' Compensation for Maryland on
Q: How can I get the hand written note from the ime doctor in MD?

I requested a copy of my medical records including hand written notes from the Ime doctor Pushkin in Md. I was advised that state retirement system instruct the office not to give any applicant their medical records including the doctor hand written note. I was advised that I need to get a... View More

Eric Todd Kirk
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answered on Jul 1, 2019

You can ask the worker's compensation commission to issue a subpoena for your complete file if they will not produce it voluntarily. If they are contending there is some type of work-product privilege, you'll need to hire counsel to address this.

2 Answers | Asked in Personal Injury and Juvenile Law for Maryland on
Q: My broker is requiring court documents showing I am the Guardian of my daughter's settlement money under title 13

I opened a Guardianship brokerage account in 2014 to hold around $6,000 from a settlement for my daughter. I am now trying to take that money out of the market and put it into a Guardianship bank account. But my broker is not allowing me to take the money out - they are requiring that I provide a... View More

Eric Todd Kirk
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answered on Feb 27, 2019

You need to get the court's permission to withdraw money from a Title 13 trust account. You need to apply to the circuit court of the county where you, and show cause and standing, for the withdrawal.

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2 Answers | Asked in Car Accidents and Personal Injury for Maryland on
Q: Who do I need to speak to about a terrible accident involving myself and a natural resource officer?

Officer was chasing someone who ran a red light. Did not have sirens on and I proceeded to cross an intersection as our light had been green for a few seconds, and was T-boned on my side, the drivers side. High speed was a factor in this accident. My sweet dog was killed in the backseat. My mom was... View More

Eric Todd Kirk
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answered on Sep 17, 2018

Very sorry to hear that this has happened to you and your family. If you were injured in the accident you should indeed immediately consult with a Maryland personal injury attorney.

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3 Answers | Asked in Personal Injury, Car Accidents and Civil Litigation for Maryland on
Q: I got into a car accident with someone who lives in Virginia. They want the court proceedings to take place there but

the accident was in Maryland and that would be inconvenient for me. Do I have to?

Eric Todd Kirk
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answered on Sep 15, 2018

Jurisdiction can be a tricky area of the law. From the situation you described it certainly seems as though Maryland would have jurisdiction over the case. A basis for jurisdiction in Virginia is not clear from your facts, but may exist. If you are bringing the claim, you you should probably... View More

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1 Answer | Asked in Workers' Compensation for Maryland on
Q: Does workers' comp cover me if I'm not going to be able to work at all again?
Eric Todd Kirk
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answered on Sep 14, 2018

If your doctors say you cannot work because of your injuries, then yes you may be entitled to permanent and total disability benefits. These are difficult cases to prove and you should consult with a lawyer.

1 Answer | Asked in Traffic Tickets, Car Accidents, Civil Litigation and Small Claims for Maryland on
Q: How do i remove a suspension of my license from a judgment that was vacated

My driver's license was suspended for an unpaid judgment that was 8 years old that i did not know about. I got the judgment vacated and the plaintiff has no proceeded with any action on the case since the judgment has been vacated. How do I get this suspension removed since there is no more... View More

Eric Todd Kirk
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answered on Sep 13, 2018

I would suggest you contact the MVA, show them your paperwork, and follow their direction to get your license reinstated.

http://www.mva.maryland.gov/about-mva/info/27200/27200-07T.htm

1 Answer | Asked in Criminal Law for Maryland on
Q: So I’m confused on how much time my boyfriend is suppose to be serving.

He pleaded guilty and was originally suppose to serve 15 years but it says all 15 but 4 years suspended and the judge gave him 288 days credited and it says upon release he’ll have a supervised probation for a period of 5 years. Is he serving 4 more years or just 1 ?

Eric Todd Kirk
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answered on Aug 31, 2018

Based on your fact pattern he's serving 11 years, or 4 years, both with credit for time served. Definitely not one year. Your question is confusing as to what portion of the 15 year sentence is suspended 4 years or 11 years.

1 Answer | Asked in Car Accidents for Maryland on
Q: How do I know if I should report a car accident to my insurance or not? I don't want to raise my payments.
Eric Todd Kirk
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answered on Aug 31, 2018

If you were at fault and expect them to pay anything to the other side, or to you for pip or property damage, you need to report it. If you were not at fault, and want to collect pip, or payment under your collision or rental coverage, you need to report it.

4 Answers | Asked in Personal Injury and Civil Litigation for Maryland on
Q: Is the statute of limitations to file a lawsuit the same across all states?
Eric Todd Kirk
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answered on Aug 23, 2018

No. Each state has a separate rule, although the time frames under those rules may be the same as in some sister states.

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1 Answer | Asked in Workers' Compensation for Maryland on
Q: If I never signed off on a worker's compensation claim and it is still open, am I still entitled to benefits?

In 2001 or 2002 I injured my shoulder at a job. I actually had to have two shoulder surgeries as the same shoulder was injured twice at this job. Now I have been having issues with this shoulder sixteen years later. I never received a settlement or signed off on this injury through the insurance... View More

Eric Todd Kirk
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answered on Aug 21, 2018

The medical portion of your claim remains open. As long as a doctor is stating that your current complaints are related to a 16 year old injury, you are entitled medical only benefits at this point.

2 Answers | Asked in Car Accidents for Maryland on
Q: Do I still have to make lease payments if someone else caused an accident that totals my car?
Eric Todd Kirk
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answered on Aug 19, 2018

I'd think not, as the purpose of the lease has been frustrated, and I'm sure the lease holder mandated that you have insurance. Check the language of your lease that controls this situation, and make sure all players know of the situation.

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1 Answer | Asked in Criminal Law for Maryland on
Q: In Maryland can you run an red light in a funeral procession?
Eric Todd Kirk
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answered on Aug 18, 2018

There are very specific circumstances under which members of a procession may get special treatment. If you've been charged with a crime, or for casing an accident, you should conult closely with a lawyer.

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