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Questions Answered by Thomas Neary

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

Q: How long I have to get a lawyer after car accident in MD

A woman run a red light a total my vehicle causing me to to hit someone else vehicle on my 60 birthday

Thomas Neary answered on May 31, 2019

Sorry about your accident and rough birthday!

The Statute of Limitations for filing most claims related to the accident is 3 years from the date of the accident. This is for negligence claims.

There are also some issues dealing with insurance that need to be dealt with earlier. It...
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2 Answers | Asked in Tax Law for Maryland on

Q: Hello, Is money awarded in a wrongful death case taxable on the state(MD) and Federal level? Thank you.Tom

I am soon to receive settlement money for a civil case I brought against a medical provider in the death of my wife.

Thomas Neary answered on May 1, 2019

I am sorry for your loss.

I agree generally with my colleague but would add this is a good conversation to have with your lawyer. I would hope you are working with a lawyer on a case of such magnitude.

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2 Answers | Asked in Car Accidents for Maryland on

Q: What happens if you miscarry after an accident?

Thomas Neary answered on Jan 14, 2019

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...
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2 Answers | Asked in Car Accidents for Maryland on

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

Do we haveva case

Thomas Neary answered on Jan 10, 2019

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...
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3 Answers | Asked in Wrongful Death for Maryland on

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

his future earnings, and for how long?

Thomas Neary answered on Dec 27, 2018

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...
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2 Answers | Asked in Wrongful Death for Maryland on

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

car accident?

Thomas Neary answered on Dec 11, 2018

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...
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3 Answers | Asked in Wrongful Death for Maryland on

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

file a wrongful death suit if I haven't had contact with him in a decade? He has no other living family members to my knowledge.

Thomas Neary answered on Nov 27, 2018

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...
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1 Answer | Asked in Medical Malpractice for Maryland on

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

for medical malpractice?

Thomas Neary answered on Nov 12, 2018

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.

2 Answers | Asked in Wrongful Death for Maryland on

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

Thomas Neary answered on Aug 10, 2018

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.

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1 Answer | Asked in Medical Malpractice for Maryland on

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

Thomas Neary answered on Aug 10, 2018

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.

1 Answer | Asked in Medical Malpractice for Maryland on

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

- am I able to sue if she was already terminal?

Thomas Neary answered on Jul 13, 2018

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.

2 Answers | Asked in Wrongful Death for Maryland on

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

Thomas Neary answered on Jul 13, 2018

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...
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1 Answer | Asked in Medical Malpractice for Maryland on

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

Thomas Neary answered on Jun 18, 2018

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...
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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?

Thomas Neary answered on Jun 18, 2018

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... Read more »

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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?

Thomas Neary answered on Jun 4, 2018

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...
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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?

Thomas Neary answered on Jun 1, 2018

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...
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1 Answer | Asked in Civil Litigation and Criminal Law for Maryland on

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

Thomas Neary answered on May 30, 2018

"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.

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?

Thomas Neary answered on May 30, 2018

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... Read more »

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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?

Thomas Neary answered on May 20, 2018

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...
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2 Answers | Asked in Wrongful Death for Maryland on

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

Thomas Neary answered on May 20, 2018

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...
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