Questions Answered by Thomas Neary

Q: What happens if you miscarry after an accident?

2 Answers | Asked in Car Accidents for Maryland on
Answered on Jan 14, 2019
Thomas Neary's answer
I am sorry for your loss.

It would be included as part of the damages caused by the car accident if the miscarriage was caused by the accident or injuries related to the accident. This would likely be a good issue to talk with an experienced car accident lawyer about as the proof required will likely differ from most collision cases.

Q: I work for Baltimore City Department of Transportation I had a accident at work ambulance hit the work truck

1 Answer | Asked in Car Accidents for Maryland on
Answered on Jan 10, 2019
Thomas Neary's answer
Possibly. It depends on how the accident happened.

As an employee, if you were working at the time of the accident, you would likely be entitled to file a Workers Compensation claim with your employer for any injuries and damages. You could also file an action directly against the driver and/or owner of the ambulance for your injuries but would have to deal with any liens for the Workers Compensation paid to you.

As to liability, it would depend on the facts of the accident....

Q: My husband was the sole earner in our family but he was killed in a car crash. Will a wrongful death settlement cover

3 Answers | Asked in Wrongful Death for Maryland on
Answered on Dec 27, 2018
Thomas Neary's answer
I am sorry for your loss. That is terrible.

Yes, lost earnings will be includable as part of the damages you can claim. The amount is based upon salary, projected future earnings as well as things like expected life expectancy which is a figure set out by the government. This is not the only amount of damages though.

A big issue that my colleague referenced in his answer and you reference is whether the settlement will cover the loss you suffered. Obviously, nothing can make...

Q: How can a court decide what an academically promising college student's future earnings would be after he's killed in a

2 Answers | Asked in Wrongful Death for Maryland on
Answered on Dec 11, 2018
Thomas Neary's answer
Hello - first, I am sorry for your loss!

There are many factors that go into an estimated future income when someone dies before they reach the workforce. In most cases, the attorney on the side of the deceased will hire experts in the area and gather evidence to support an estimate that is based on academic performance, goals and things like socioeconomic background to project how much the deceased would have made in their work lifetime. A jury then has the ultimate say over how...

Q: My father was recently killed in a car accident that wasn't his fault. I'm his estranged biological son. Can I still

3 Answers | Asked in Wrongful Death for Maryland on
Answered on Nov 27, 2018
Thomas Neary's answer
First, I am sorry for the loss of your father! That is terrible.

Yes, the ability to bring an action is based on the family relationship. You should be able to bring such an action and may also be able to named personal representative of his Estate for that portion of the claim. It is a really good idea to speak with a lawyer to get advice on how to proceed as well as any other rights you may have upon your father's passing.

Q: If I had a knee replacement and later find out the product was recalled before the doctor put it in me, do I have a case

1 Answer | Asked in Medical Malpractice for Maryland on
Answered on Nov 12, 2018
Thomas Neary's answer
It really will depends on the details of the case like when was the product recalled and what are the damages, but it doesn't sound good from your limited description. I would recommend you sit down and go over it with an attorney.

Q: How do we get the court appointed executor to file a claim on behalf of our step father?

2 Answers | Asked in Wrongful Death for Maryland on
Answered on Aug 10, 2018
Thomas Neary's answer
This is a question where details would be important. I suggest that you talk with an attorney who handles wrongful death cases. Many offer free consultations.

Sorry for your loss.

Q: Can a nursing home be liable for medical malpractice?

1 Answer | Asked in Medical Malpractice for Maryland on
Answered on Aug 10, 2018
Thomas Neary's answer
Yes, a nursing home can be liable for malpractice and there are particular standards of care that apply to them. Nursing home negligence is a regular issue in courts around the state.

Q: I feel like a doctor's treatment of my parent with lung cancer hastened her death

1 Answer | Asked in Medical Malpractice for Maryland on
Answered on Jul 13, 2018
Thomas Neary's answer
Hi - sorry for your loss.

It would depend upon the details of the case but yes, there is a possible case if a doctors negligence hastened the death of the patient. Particularly in cases of a terminal patient, shortening their time can be quite tragic.

Q: Is it possible to file simultaneous PI and wrongful death lawsuits for a car accident that caused a death?

2 Answers | Asked in Wrongful Death for Maryland on
Answered on Jul 13, 2018
Thomas Neary's answer
Sorry for your loss.

Yes, they are separate causes of action with different parties so they can be filed together in one lawsuit at the same time or in more than one. The advantages and disadvantages would depend upon the details of the case.

With a case such as a wrongful death and survival action, it is definitely in the interests of all involved to talk the case over in detail with an attorney.

Q: Does a statute of limitations start from the date of the procedure or when I began feeling ill?

1 Answer | Asked in Medical Malpractice for Maryland on
Answered on Jun 18, 2018
Thomas Neary's answer
It depends upon the facts of the procedure and results. In some cases, it does begin on the date that you are aware of the malpractice which can be the date you began feeling ill in some instances, but you need to look at the specific facts of the case to determine which one applies.

You may want to consult with an attorney to go over the details and get a clear answer based upon all the facts.

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
Thomas Neary's answer
Hi there, sorry you are unhappy with the insurance settlement. The answer to your question depends upon what you mean when you write "insurance settlement". If this is a personal injury settlement that you agreed to and signed settlement papers, it will be argued that you are bound by the settlement and waived any right to further compensation. If you received compensation for property damage or this is an offer, then your rights are different.

I would recommend that you go over...

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 4, 2018
Thomas Neary's answer
It depends what you mean.

You cannot bring the statements in and read them in Court. That is not allowed by the rules. You need to get the witnesses to Court to testify in person.

You can use the statements if those witnesses come in later and change their stories to help them or cross-examine them.

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
Thomas Neary's answer
So sorry this happened to you! Bike accidents can be very traumatic. It is not surprising that your memory is blurry.

If you don't recall the details of the accident, it will be important to see how much you can find out from other sources. Even if have areas of memory loss, if you can establish from the police report, witnesses or even the other driver that hit you what happened then you should be able to present a case.

I would recommend that you speak with an attorney who...

Q: Is this law applicable to a neighbor attaching their satellite cable to my downspout without my consent or permission?

1 Answer | Asked in Civil Litigation and Criminal Law for Maryland on
Answered on May 30, 2018
Thomas Neary's answer
"This law"???

It would seem if you are the owner of the property where the downspout is located, the neighbor would need your permission to enter into your property to attach a cable. If this is an apartment or connected dwelling, it may be more complicated.

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 30, 2018
Thomas Neary's answer
It depends what you mean by adequately covered. If they have no insurance, then you can make a claim them personally and/or make a claim against your own insurance policy for uninsured motorist benefits. This would depend upon the limits of your insurance coverage to determine whether you can recover the full amount of your claim.

If they have some insurance, you would need to proceed first against them and then against your own policy as well.

If they were working, that is...

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
Thomas Neary's answer
Sorry you are dealing with this. It is bad enough to be injured in an accident without finding out there are coverage issues.

That is really a two part question. The first part deals with whether you can sue the other driver. If they are at fault, you can and if you take it that far you will be awarded a judgment by the Court.

The second part deals with whether that judgment or settlement gets paid. You can have a judgment for a set amount of money but if you can't get it...

Q: Can a stay-at-home mom without an income file a wrongful death lawsuit?

2 Answers | Asked in Wrongful Death for Maryland on
Answered on May 20, 2018
Thomas Neary's answer
If this is your spouse, I am very sorry for your loss.

It would be helpful to have a more specific idea what your question is as actions for the death of an individual by their surviving spouses can get complicated. There are two main actions, one on behalf the people injured by the loss such as the surviving spouse and one on behalf the deceased person for the loss caused to that person, essentially.

If the person who passed away was the spouse who stayed at home, there are...

Q: For personal damages what federal and state can a claim be made without caps?

1 Answer | Asked in Employment Law and Personal Injury for Maryland on
Answered on May 15, 2018
Thomas Neary's answer
You probably need to consult with an attorney on this question. It is hard to say what claims apply without details about the claim and applicable jurisdiction.

Q: What type of lawyer do I need?

1 Answer | Asked in Contracts, Personal Injury, Civil Litigation and Landlord - Tenant for Maryland on
Answered on May 15, 2018
Thomas Neary's answer
You are probably looking for a personal injury lawyer or a general litigator experienced with dealing with injury claims and insurance companies. The specific legal area for the mold portion is called toxic torts.

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