Questions Answered by John Mesirow
Q: I am in Baltimore County, Md and have a bed bug issue with my apartment complex.
If it can be proven that the presence of the bedbugs is due to the landlord's negligence, and that you were injured as a result of this negligence, then you have a claim. I'm not minimizing any injuries you suffered, but I'm direct with both prospective and retained clients. Many personal injury... Read more »
Q: If I am injured by an employee who ran over my foot with a golf cart on a golf course can I sue the golf course company?
I doubt the employee has the money to pay for my medical bills.
Possibly, but you would need to provide A LOT more information to an attorney to get a definitive answer. You should call a personal injury attorney as soon as possible because if certain things are not done in the near term - photographs of injuries/property damage, obtaining witness statements,... Read more »
Q: Is a cyclist totally at fault if they didn't stop at a stop sign so when I went through I hit him?
I am a cyclist, so this "hits" close to home. The law in DC changed a couple years ago. In the "bad" old days, if a cyclist contributed to the accident, he/she could not recover due to a doctrine called contributory negligence. Now, fortunately, the law has changed as set forth below.
§... Read more »
Q: I was charged in a fight, but got injured myself - can I sue the other person?
Yes, but even if you win in court, it is difficult to collect from most individuals for a variety of reasons. Because of this, it will probably be difficult for you to find a personal injury lawyer who would be willing to take your case on a contingency basis. You should call a personal injury to... Read more »
Q: I was hit in the District, but live in Virginia -- which laws apply?
DC law applies to the accident. If you were injured, you should contact a personal injury lawyer immediately. There are some things that, if not done soon after the accident, may hurt your case. For example, you want to get pictures of any property damage (e.g. car, bicycle) before it is repaired,... Read more »
Q: So if we file a wrongful death claim, does the person go to prison, or is it just money we get?
Just money. A wrongful death claim is civil, not criminal.
Q: We are trying to figure out - is wrongful death always a criminal lawsuit?
Wrongful death is a civil claim. Contact a personal injury lawyer to discuss the merits of the claim.
Q: I am a biker who collided with a car parked closer then required 30ft to an intersection. Who is liable for the incident
Car has minor damage to taillight. I am really banged up. They are trying to get me to pay for all damages to the car. While I’m not necessarily interested in going after them, it seems that they are liable for my injuries. Please clarify liability.
Fortunately, the law in DC for collisions like this changed in 2016. Before that time, if you were even 1% at fault (and therefore "contributed" to the collision), you were barred from recovering anything. Now, per the statute below, that defense (contributory negligence) cannot be asserted if you... Read more »
Q: Is the statute of limitations to file a lawsuit the same across all states?
NO!!! It varies from state to state, and the nature of the claim! Call a lawyer for more information.
Q: Is it legal to drive a car with driver side mirror missing?
No.
Maryland Code
TRANSPORTATION
TITLE 22 - VEHICLE LAWS - EQUIPMENT OF VEHICLES
Subtitle 4 - Other Equipment
Section 22-403 - Mirrors.
§ 22-403. Mirrors.
...
(b) Motor vehicles - Registered in this State.- Every motor vehicle... Read more »
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?
If you have automobile insurance, you can collect under your uninsured motorist (UM) coverage, or your underinsured motorist (UIM) coverage. Contact a personal injury attorney to discuss the circumstances of your case.
Q: After you settle a car accident from the at-fault party can I take the money that is recieved and still file a claim?
I was in an accident where my side view mirror was damaged and some cosmetic scrapes along side the driver's door. No one was hurt so I opted to file a claim with their insurance. At the time of this post, I am awaiting payment. Their appraiser came out a took a report/pics. I figured the money... Read more »
No. You can only collect once. The obvious benefit of collecting from the at-fault driver is that you are not out-of-pocket for your deductible (although if the other driver is determined to be at fault, you will get your deductible back). If you need the $250 now, get more aggressive with the... Read more »
Q: Was injured in an accident in DC but am a resident of MD - where would any lawsuit be filed?
You can file it either in DC where the accident occurred, or where the person who hit your resides. If you were hit by a commercial vehicle that does business in multiple jurisdictions, you may have additional options. You should contact a personal injury lawyer in DC or MD.
Q: My husband was a freelance writer at the time of his death in a car accident. What is the best way to calculate lost
earnings for someone who didn't have an annual salary?
To maximize the recovery, you will need an economist, and almost certainly a vocational expert. Consult with a personal injury attorney for more information.
Q: I broke my tooth upon eating some Turkey Jerky from Boar's Head. What is my recourse? The company has left me hanging.
Assuming that you broke your tooth on a piece of bone or something else that should not have been in the Turkey Jerky, you have a claim. Not to minimize what happened, but the problem you may have in finding a lawyer is what appears to be the limited nature of your injury. You should contact a... Read more »
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