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Maryland Personal Injury Questions & Answers
0 Answers | Asked in Estate Planning, Personal Injury, Appeals / Appellate Law and Probate for Maryland on
Q: What to do? my Legal gaurdian decendant prior retained law office refuse to give information after I was removed as PR.

My maternal Grandmother and non-maternal grandfather was awareded limited guardianship in 1987 and full legal guardianship in 2000 over me. *Note that I was born in 1986. My grandfather passed in 2003, while pending two litigation lawsuits since 1991; Federal Workers Compensation with the United... Read more »

1 Answer | Asked in Personal Injury and Health Care Law for Maryland on
Q: A nurses practitioner prescribed 20x recommended dose an anti psych to my wife and now her hallucinations are worse

A nurses practitioner in Maryland chose to take a crack at practicing psychiatry on my partner and prescribed them 300mg of Seroquil for over a year. Then moved them down to 150mg. The recommended dose is 15mg. Her Schizophrenia symptoms are now out of control. Can I sue this nurses practitioner... Read more »

Eric Todd Kirk
Eric Todd Kirk PRO label
answered on Nov 3, 2022

No, but your wife may be able to. She should contact an experienced malpractice attorney. Best of luck.

2 Answers | Asked in Personal Injury and Workers' Compensation for Maryland on
Q: I'm a federal employee who was hurt on a federal job during work hours are there any attorneys that deals with the Depar

The Department of Labor I find it hard to find attorney to handles with them

Eric Todd Kirk
Eric Todd Kirk PRO label
answered on Oct 28, 2022

You need a lawyer who handles federal workers' compensation claims. YOu can use the find an attorney service on the site to locate one. Best of luck.

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3 Answers | Asked in Car Accidents and Personal Injury for Maryland on
Q: My car was involved in a hit and run in 2021 can I still sue
Ronald V. Miller Jr.
PREMIUM
Ronald V. Miller Jr.
answered on Oct 23, 2022

Generally yes. You have the same statute of limitations as you would if there was a defendant you could name. But you want to consult with a lawyer to see if the general rule matches the unique facts of your case.

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2 Answers | Asked in Car Accidents, Personal Injury and Traffic Tickets for Maryland on
Q: Can I sue the police department for failing to write an uninsured motorist ticket in an accident?

Fault couldn’t be determined in the accident so it is my belief my car insurance will skyrocket.

Scott Scherr
Scott Scherr
answered on Oct 5, 2022

No, you cannot sue the police for failure to write a ticket. They have absolute discretion on whether to issue a citation. Regardless, issuing a citation does not determine fault. You can sue the other driver and your own insurance company if he is uninsured and if you win, your rates will not go... Read more »

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1 Answer | Asked in Personal Injury and Products Liability for Maryland on
Q: Hello I purchased a pair of pierced earrings wore them and it split my ear apart . What can I do about it

My ear lòoks terrible each time that I look at or feel my ear it's like I shock all over again. The earring is a drop bead on my guess is silver wire with a bead at the end

Tim Akpinar
Tim Akpinar
answered on Sep 26, 2022

A Maryland attorney could advise best, but your question remains open for two weeks. I'm sorry this happened to you. You could reach out to law firms to try to arrange a free initial consult to discuss the matter in more detail. The situation you describe appears to involve a legal theory of... Read more »

2 Answers | Asked in Personal Injury and Criminal Law for Maryland on
Q: I plead guilty to 2nd Degree Assult (To try and move on without trial). I'm now being sued for an injury.

Will I loose my house and car? Everything is owned by my wife and I.

If he wins do I have to pay right away. I only get a little military retirement and va disability. Do the courts allow payment plans?

Mark Oakley
Mark Oakley
answered on Sep 9, 2022

Who is suing you, your spouse or a third party? If a third party, how do you hold title to your car and house with your spouse? Typically, spouses hold title to real property as Tenants by the Entireties, and as such, a judgment obtained against just one of them cannot attach against property... Read more »

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1 Answer | Asked in Criminal Law, Domestic Violence and Personal Injury for Maryland on
Q: Protected Order filed with the Commissioner for Criminal Assault should evidence be filed with the Commissioner also?

How is evidence filed in an assuialt?

Scott Scherr
Scott Scherr
answered on Aug 3, 2022

There are two things that can be done. First, the Petitioner can file for a Protective Order. If the Commissioner finds that an Order of Protection should be granted, that an interim Order is passed. There is then an ex parte hearing before a judge within a day or two and the judge decides whether... Read more »

2 Answers | Asked in Personal Injury and Wrongful Death for Maryland on
Q: How should the proceeds from a wrongful death settlement be fairly divided between, spouse, minor child and parents?
Ronald V. Miller Jr.
PREMIUM
Ronald V. Miller Jr.
answered on Jul 22, 2022

It should be divided based on the loss each victim endured. The mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, parental care, attention, advice, counsel, training, guidance or education which the surviving has experienced or probably will... Read more »

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1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Maryland on
Q: After a work-related injury, can my employer wildly change my scheduled hours of work

Normally, I work 3am-1pm as a delivery driver. Recently, I injured my back and was placed on light duty temporarily while it is rested. (Just a strain dr says) in my place of employment, injured workers are often made fun of and taunted for being injured and treated by management as if every claim... Read more »

Eric Todd Kirk
Eric Todd Kirk PRO label
answered on Jun 22, 2022

Sorry to hear of your injury. An employer is required to honor your work restrictions, and if not, you would be entitled to workers' compensation wage benefits. It would be hard to characterize your employer honoring your work restrictions and providing work within those restrictions as... Read more »

1 Answer | Asked in Personal Injury for Maryland on
Q: Can I file a lead poisoning lawsuit at the age 21 and get compensated
Mark Oakley
Mark Oakley
answered on Jun 16, 2022

Setting aside the difficult question of proving that your elevated blood-lead levels resulted from exposure to lead paint in a specific home growing up, and the extent of any cognitive or developmental impairment, if you are claiming damages for lead poisoning that occurred before your 18th... Read more »

2 Answers | Asked in Bankruptcy, Personal Injury and Traffic Tickets for Maryland on
Q: Can I get a hardship license? I have a back injury and unemployed. I lost my job in October and can't work do to injury

I have unpaid traffic tickets and can't afford to pay them, because of my injury what can I do?

Mark Oakley
Mark Oakley
answered on Jan 12, 2022

We’re these fines imposed by a judge after you requested a trial date and appeared for trial? If so, and if 90 days or less has passed since the trial date, you can file a motion with the court for reconsideration and reduction of the fines

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1 Answer | Asked in Personal Injury and Libel & Slander for Maryland on
Q: How detailed should complaint for Slander be if filing in District Court. Make sure I'm not presenting argument.

I want to give enough detail so the judge knows I have a serious issue that needs the court's judgment but I do not want to be presenting arguement.

Mark Oakley
Mark Oakley
answered on Oct 16, 2021

The cause of action in Maryland is called “defamation of character” and it encompasses both verbal (slander) and written (libel) defamatory statements. A sufficient statement of a cause of action requires that you allege sufficient facts to meet each element of the cause of action. You must... Read more »

1 Answer | Asked in Personal Injury and Products Liability for Maryland on
Q: I have been using OGX for years, I have sores on my scalp that will not go away. My hair is thinning, What do I do now?

Have been to a dermatologist, no answer as to what is causing. My scalp itches all the time.

Mark Oakley
Mark Oakley
answered on Jul 12, 2021

In order to sue, you need to connect some ingredient in OGX to your current issues, and what you are saying is that these symptoms (hair loss and scalp irritation) only recently arose, although you have been using the product for decades. A causal connection must be established through a medical... Read more »

1 Answer | Asked in Personal Injury for Maryland on
Q: This guy wanted to sue and changed his mind. He made me pay for his lawyer’s retainer. Is that right?
Mark Oakley
Mark Oakley
answered on Jun 20, 2021

Unless he held a gun to your head, you volunteered to pay him his legal fees. That’s on you. Next time, just say no.

2 Answers | Asked in Animal / Dog Law and Personal Injury for Maryland on
Q: What should I do if my dog who is not considered as a dangerous dog got to bite someone
Mark Oakley
Mark Oakley
answered on Apr 2, 2021

Did your dog bite someone? If so, and if the person either is filing a claim for personal injuries or called the police/animal control, then you need to respond to both. The county code generally controls the determination of whether a dog is dangerous or not, and most counties have a two-bite or... Read more »

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2 Answers | Asked in Personal Injury and Civil Litigation for Maryland on
Q: What court and state can I sue if I reside in Maryland and was injured at Walmart in Kansas?

On August 23, 2020 while on vacation Plaintiff was injured (cut of left arm) at a Walmart store in the State of Kansas. However, Plaintiff resides in the State of Maryland. What are the statute of limitations and what state can the plaintiff file his complaint?

Mark Oakley
Mark Oakley
answered on Feb 22, 2021

You sue in Kansas, in the court having jurisdiction over the location of the Walmart involved; or you can sue Walmart in Arkansas in the county where it has its corporate headquarters (not recommended). You need a Kansas lawyer in the county (or nearby) where the Walmart store is located, who... Read more »

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2 Answers | Asked in Insurance Defense, Personal Injury and Car Accidents for Maryland on
Q: Backing up in Safeway parking lot parkvale md in Baltimore. Is it no fault Insurance or I pay

Was in the public parking lot as I backed out a parking space I hit the side of an on coming car. The question is am I liable to fix the other persons car or is Baltimore me a no fault state if the accident happen on a parking lot of a store

Eric Todd Kirk
Eric Todd Kirk PRO label
answered on Jan 3, 2021

it's not clear from the context of your question but it certainly could be both. If there were injuries be at fault party's liability insurance would clearly be responsible for any losses, and the no fault carrier would be responsible for any resulting medical bills or lost wages.

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1 Answer | Asked in Health Care Law and Personal Injury for Maryland on
Q: My grandma lives in an elderly care facility and she falls at least twice a year. Can we sue for negligence?

Her most recent fall was yesterday. She's had other falls that she's need stitches for as well.

John Mesirow
PREMIUM
John Mesirow
answered on Nov 23, 2020

You would have to provide a lot more information for a personal injury lawyer to be able to make even a preliminary determination. The hard truth is that elderly people fall frequently, without anyone being negligent. There are lawyers who handle a lot of nursing home negligence cases (I'm not... Read more »

1 Answer | Asked in Personal Injury and Car Accidents for Maryland on
Q: Is there a way/anything that I can say that will help negotiate lawyer fees in personal injury case?

Even to his own account, my lawyer has done close to nothing for my case. He verbatim said, “I haven’t done sh*t for this case.” We just settled after almost 6 years for a very low amount. My case was by no means complicated. I suffered a concussion & hearing loss. I acted as the... Read more »

Uzoma Obi
Uzoma Obi
answered on Nov 26, 2020

Presuming you signed a retainer agreement granting your attorney a fee equivalent to one third of the gross settlement amount recovered on your behalf, you are generally bound by the contract you signed to retain your lawyer.

Notwithstanding that you are not satisfied with the amount of...
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