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Maryland Personal Injury Questions & Answers
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... View More

Eric Todd Kirk
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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... View 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... View 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... View 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... View 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... View 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... View 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 Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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... View 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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3 Answers | Asked in Car Accidents and Personal Injury for Maryland on
Q: I was hit in a car accident. Lawyer says I can only get $30K bcuz that was other driver’s policy. Is this true?

Lawyer said I should get much more money. My Car was totaled, lost consciousness, peed on myself, broke my wrist & tailbone & had surgery. I was out of work for over 6 months & had rehab for 4 months. My medical bills were way over $30K which my mother & her insurance paid. Lawyer... View More

Mark Oakley
Mark Oakley
answered on Aug 22, 2020

Did the policy of insurance covering the vehicle you were riding in have underinsured motorists coverage that exceeds $30,000? Or were you separately insured under another policy that has such coverage? If so, you can make a claim for the excess coverage. There is a specific means for pursuing an... View More

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1 Answer | Asked in Criminal Law, Personal Injury, Juvenile Law and Libel & Slander for Maryland on
Q: My 14 year old son was accused of sexual assault in the middle of class. After the investigation and no evidence the

court dropped the case. That is including no witnesses. Her parents petition and had it reopened. There is no new evidence and we moved from Maryland to Texas. At what point does this become harassment or slander? At the beginning of this we were upfront with the planned move. So it wasn't... View More

Tim Akpinar
Tim Akpinar
answered on Aug 29, 2020

A Maryland attorney should advise you on this, but your question remains open for two weeks and time is likely of the essence in any reply or appearance you might need to arrange for. While this is not something you don't already know, it would be advisable for you to consult with an attorney... View More

1 Answer | Asked in Personal Injury, Civil Litigation, Landlord - Tenant and Libel & Slander for Maryland on
Q: Good afternoon. This is a mix of landlord-tenant and person injury. I'm from the state of Maryland. Here are the basics

a/c not working

2. She came on the morning of July 21st with an HVAC tech. The HVAC tech told her there was a problem, but I don't know the full extent. All she told me was the coils needed to be replaced, because the unit is 25 years old that was impossible so I assume she was told... View More

J. D. A.
J. D. A.
answered on Aug 6, 2020

It depends on what exactly the libel, fraud, and intimidation were, what the surrounding circumstances were, and what damages you incurred.

2 Answers | Asked in Personal Injury for Maryland on
Q: If a patient is at the age of 16 and suffers a nerve injury, when does the statue of limitations end?

Where does the statue of limitations say it starts at age 18? Can someone provide a link?

Mark Oakley
Mark Oakley
answered on Jul 27, 2020

Three years from the day you turn 18; however, because your parents are responsible for your medical bills while you are under 18, if they want to recover the full value of all the medical treatment you received, suit should be filed within three years of the injury to claim those damages.

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1 Answer | Asked in Gov & Administrative Law, Medical Malpractice and Personal Injury for Maryland on
Q: Can anyone please help me to pursue a claim against the government (VA) for permanent and life-changing injury?

This injury was caused during a VA compensation and pension exam done in April 2018 with new issues arising just the last few months. It’s been suggested I hire a lawyer. I am already 100% service-connected but apparently need to pursue this outside the VA system. Thank you for any help,... View More

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 27, 2020

Claims against the VA likely require formal notice to be given within two years. You should promptly consult with a lawyer in a confidential setting. See. https://www.justia.com/injury/federal-tort-claims-act-

ftca/#:~:text=The%20Federal%20Tort%20Claims%20Act,strict%20rules%20must%20be%20followed.

2 Answers | Asked in Criminal Law, DUI / DWI, Personal Injury and Car Accidents for Maryland on
Q: My brother was struck by a car and killed in Baltimore Maryland the officers won't tell us anything what can we do

We have a estate lawyer for him but they won't tell them anything but that it's a active murder investigation, wouldn't it be vehicular manslaughter. officers turned the case over to the ASA but nobody called n told us that they won't let us see the video of the accident either... View More

Mark Oakley
Mark Oakley
answered on Jul 3, 2020

The personal representative of the estate should retain a personal injury lawyer to pursue a survival action, and your brother’s heirs (wife, children, parents, siblings) should retain a personal injury lawyer to pursue a wrongful death action. I’m n these cases, the estate may prefer to not... View More

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5 Answers | Asked in Car Accidents and Personal Injury for Maryland on
Q: Telling the short story and I am mostly trying to find out if the truck was at fault.

There are 2 traffic lanes going North bound and 2 traffic lanes going South bound with a legal turning lane to make a left (no light to make turn) . I was in a car on the passenger side waiting to cross the 2 on coming lanes of North bound traffic. There is a traffic light slightly down the road... View More

Tyler Young
Tyler Young
answered on Jun 17, 2020

Possibly. A jury would make that determination. States have different comparative fault laws, but most states have a framework that would allow a jury to determine if the driver of the vehicle you were in has fault, or whether the truck has fault. A jury could determine either have fault or one... View More

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Q: Can I file a suit for personal injury against the Federal government?

I have been harassed by my immediate supervisor for 4 years, I have been to management, Human Resources, union and have even filed an EEO case to no avail. I finally broke and went to a doctor who diagnosed me with severe depression and anxiety and stated I should have no contact with this... View More

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 16, 2020

You may have a workers' compensation claim. You should consult with a federal workers' compensation lawyer in a confidential setting.

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1 Answer | Asked in Consumer Law, Criminal Law, Family Law and Personal Injury for Maryland on
Q: Is this considered abandonment?

Im a truck driver and in a secured lot I took my dog and tied him to the fence in a grassy area behind my tractor n trailer while I went and took a shower. I came out and a security guard had him in his car and off my leash. I went off and police was called. Police said it's considered... View More

Tim Akpinar
Tim Akpinar
answered on Apr 24, 2020

The attorneys in the Animal/Dog law section would be most likely to be familiar with this issue. You could repost there.

Tim Akpinar

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