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Questions Answered by Thomas Neary
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
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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1 Answer | Asked in Employment Law and Personal Injury for Maryland on
Q: For personal damages what federal and state can a claim be made without caps?

I'm filing a title bill civil Rights act which has a compensatory damages cap of $300,000. The damages are too great, their actions threatened my life and is looking for other federal and state legal remedy without a cap. Thank you

Thomas Neary
Thomas Neary answered on May 15, 2018

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.

1 Answer | Asked in Contracts, Personal Injury, Civil Litigation and Landlord - Tenant for Maryland on
Q: What type of lawyer do I need?

was rented a unit in apartment complex with mold and water damages. son had seizure from it. they failed to inform me upon move in about the water damage. Only lived there for 3 weeks. Property manager refused to move us to new unit or put us in hotel. I have 2 small children who have medical... Read more »

Thomas Neary
Thomas Neary answered on May 15, 2018

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.

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
Thomas Neary
Thomas Neary answered on May 15, 2018

Hi, sorry you are having pain again. It depends on what happened 2 years ago to cause the pain and what happened with your prior claim. Certain types of claims like Workers Compensation claims can have an ongoing part to them. Personal injury claims that get settled with a signed release... Read more »

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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?
Thomas Neary
Thomas Neary answered on May 15, 2018

As my colleagues have stated, the general statute of limitations is three years from the date of the injury. Take care though as there are exceptions that can change that. I would recommend that you talk with a car accident lawyer who can lead you through these issues.

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3 Answers | Asked in Wrongful Death for Maryland on
Q: Can you start the process of bringing a wrongful death lawsuit before the person has passed away?
Thomas Neary
Thomas Neary answered on May 15, 2018

Sorry for what you are going through right now.

Yes, you can start the process of bringing the lawsuit before the person passes away. Often it is advisable to do so as gathering evidence can take time and the person who is dying may be able to make a statement. You cannot file the actual...
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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

Thomas Neary
Thomas Neary answered on May 16, 2018

The insurance company for the other driver is not working in your interest so it is not surprising. Their job is to do what is best for their insured and their company. If the accident was the other driver's fault, you can file a lawsuit against them. If the other driver admitted fault to you... Read more »

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2 Answers | Asked in Wrongful Death for Maryland on
Q: It is possible to bring a wrongful death lawsuit on behalf of an unborn fetus in Maryland?
Thomas Neary
Thomas Neary answered on May 16, 2018

There are a number of factors that go into answering that question that you did not include in the information. I would recommend that you talk with an attorney to go over the details and get a clear answer with all the facts taken into account. On a case like that, you will be able to have a... Read more »

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2 Answers | Asked in Wrongful Death for Maryland on
Q: In a wrongful death case with multiple heirs, should each heir hire her own attorney?
Thomas Neary
Thomas Neary answered on May 15, 2018

It depends upon the circumstances of the case, really. If any of the heirs are uncomfortable or in conflict with one another or if they disagree, it should be considered.

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