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Maryland Personal Injury Questions & Answers
3 Answers | Asked in Personal Injury, Civil Rights and Employment Discrimination for Maryland on
Q: What form do I use to file an Intentional Infliction of Emotional Distress lawsuit?
Mark Oakley
Mark Oakley
answered on Oct 1, 2024

If you are suing for not more than $30,000 and do not want a jury trial, then you can file in District Court (trials are before a judge only), and you can use a District Court civil complaint form, and check the "tort" box. The forms are available online or at the courthouse. It's... View More

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3 Answers | Asked in Personal Injury, Civil Rights and Employment Discrimination for Maryland on
Q: What form do I use to file an Intentional Infliction of Emotional Distress lawsuit?
Lee Eidelberg
Lee Eidelberg
answered on Oct 1, 2024

There is no "form," per se', to fill out to file this type of lawsuit. Any lawsuit must alleged sufficient "facts" related to the elements of the particular offense alleged. For an intentional infliction of emotional distress claim, the suit must state facts that... View More

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2 Answers | Asked in Criminal Law, Personal Injury and Civil Litigation for Maryland on
Q: Is a commercial vehicle (semi) at fault if he hits a pedestrian in a crosswalk?

If a commercial vehicle (semi) hits a pedestrian (fatal) in a crosswalk after coming to a complete stop, with expired tags (3yrs expired) while turning on a residential road that has posted no trucks over 3/4 ton, automatically responsible if the pedestrian followed all the rules and laws for... View More

Tim Akpinar
Tim Akpinar
answered on Aug 11, 2024

An attorney could offer more in-depth insight with the police report and additional details. I'm very sorry for the loss of life of the pedestrian. A likely citation could be "Failure to Yield" to a pedestrian in a crosswalk. But that's without knowing details, such as whether... View More

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3 Answers | Asked in Personal Injury and Car Accidents for Maryland on
Q: Was in an accident in MD, other drive at fault making illegal turn. Totaled my car, stitched hand, what do I expect?

As mentioned a car caused an accident by making an illegal left hand turn into me. Other insurance company accepted fault, I have 11 stitches in my hand, my 2 month old new Tesla Model Y is now totaled, should I seek legal council, what should I expect from an accident of this nature, what would be... View More

Tim Akpinar
Tim Akpinar
answered on Aug 13, 2024

I'm sorry about your accident. In terms of what expect, no one could answer that question based on the limited details here. It would depend on the prognosis for recovery with treatment. You could arrange a free initial consult with attorneys - but even there, attorneys will be likely to tell... View More

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3 Answers | Asked in Personal Injury and Car Accidents for Maryland on
Q: Was in an accident in MD, other drive at fault making illegal turn. Totaled my car, stitched hand, what do I expect?

As mentioned a car caused an accident by making an illegal left hand turn into me. Other insurance company accepted fault, I have 11 stitches in my hand, my 2 month old new Tesla Model Y is now totaled, should I seek legal council, what should I expect from an accident of this nature, what would be... View More

Scott Scherr
Scott Scherr
answered on Aug 5, 2024

You should retain an attorney to handle your claim. An insurance company will not take an unrepresented individual seriously. You are entitled to compensation for your medical bills, lost wages, pain and suffering, and other losses.

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2 Answers | Asked in Car Accidents and Personal Injury for Maryland on
Q: Who is liable is someone drives a car I rented without my permission and they wreck it?
Tim Akpinar
Tim Akpinar
answered on Jul 17, 2024

The driver is liable for the wrongful act. Unfortunately, being on the record, the rental company would look to you. Paying for the damages could depend on what type of coverage you took out in renting the vehicle. Good luck

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2 Answers | Asked in Car Accidents and Personal Injury for Maryland on
Q: Who is liable is someone drives a car I rented without my permission and they wreck it?
Scott Scherr
Scott Scherr
answered on Jul 14, 2024

The driver and you are both responsible for the damage to the rental car. The driver is responsible for damaging the car. You are responsible under your rental car agreement. The driver would be responsible to you for any money you have to pay to the rental car company. If you have insurance,... View More

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2 Answers | Asked in Elder Law, Health Care Law, Medical Malpractice and Personal Injury for Maryland on
Q: If hospital and doctors fail to treat life threatening wounds, or address pain, is this elder neglect??

65 yr old man has open 8” wound at base of skull, due to Lyme disease w/ zero doctors and Johns Hopkins fail to address by not returning calls for follow up appt, life threatening worsening of this over several years and attempts to minimally address pain

Tim Akpinar
Tim Akpinar
answered on Jul 23, 2024

You could reach out to attorneys to try to arrange a free initial consult. For the matter of neglect, it does not sound like the hospitals or doctors were designated in a role of caretaker or similar capacity. The problem in such a phone setting that transpires over a course of years is that there... View More

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2 Answers | Asked in Elder Law, Health Care Law, Medical Malpractice and Personal Injury for Maryland on
Q: If hospital and doctors fail to treat life threatening wounds, or address pain, is this elder neglect??

65 yr old man has open 8” wound at base of skull, due to Lyme disease w/ zero doctors and Johns Hopkins fail to address by not returning calls for follow up appt, life threatening worsening of this over several years and attempts to minimally address pain

John Michael Frick
John Michael Frick
answered on Jul 12, 2024

Typically, it is difficult to maintain an action for medical malpractice due to a patient's inability to schedule an appointment. In a true medical emergency, the patient should go to a local emergency room or call 911 for paramedics to assess and transport the patient to a hospital. It is... View More

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2 Answers | Asked in Car Accidents, Personal Injury and Consumer Law for Maryland on
Q: I paid a company to put brake and rotors on my car and it caused me to hit a wall and tire damage. Can I sue?

I accrued medical expenses and tow expenses and well as getting the damaged done out of pocket

Rick  Nicotra
Rick Nicotra
answered on Jul 3, 2024

Yes, you may have a valid claim if you can prove that the service work performed was substandard and caused the crash. It may require a vehicle inspection by an expert to provide an opinion admissible in court. You will need to prove that the work was done negligently and was a substantial factor... View More

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2 Answers | Asked in Car Accidents, Personal Injury and Consumer Law for Maryland on
Q: I paid a company to put brake and rotors on my car and it caused me to hit a wall and tire damage. Can I sue?

I accrued medical expenses and tow expenses and well as getting the damaged done out of pocket

Francisco Javier Morales
Francisco Javier Morales
answered on Jul 3, 2024

Yes, you can sue the company that installed the brakes and rotors on your car if their negligence caused you to hit a wall and suffer medical damages.

To succeed in a negligence claim against the company, you would have to demonstrate that the company's improper installation of the...
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2 Answers | Asked in Medical Malpractice and Personal Injury for Maryland on
Q: When is the best time in an ongoing medical issue to initiate malpractice/negligence proceedings?

I need a second surgery to correct the first. My first doctor offered to do it but I would like to consult another doctor.

Tim Akpinar
Tim Akpinar
answered on Apr 26, 2024

It sounds like you are considering the timing of your lawsuit as part of your strategy. Some law firms file suit at the onset; some file suit upon the collapse of negotiation efforts or when the statute of limitations is looming. Something to keep in mind is that many insurance defense firms will... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for Maryland on
Q: When is the best time in an ongoing medical issue to initiate malpractice/negligence proceedings?

I need a second surgery to correct the first. My first doctor offered to do it but I would like to consult another doctor.

Mark Kopec
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answered on Apr 20, 2024

It is important to assess the deadline for a potential case, usually called the statute of limitations. That is a very fact specific determination involving the treatment you received, the injury that occurred and the jurisdiction where a case would be brought. You should consult with a lawyer on... View More

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1 Answer | Asked in Civil Rights, Personal Injury and Civil Litigation for Maryland on
Q: Would the legal concept, equitable tolling, be applicable to my case against police misconduct?

I was falsely arrested for a dui while having a medical emergency. The criminal case was dropped but my court date was 7 months after the arrest. Every lawyer I spoke to said in order to pursue this the case 1st needed to be dismissed/dropped/not guilty. Details: My ear was profusely bleeding &... View More

James L. Arrasmith
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answered on Apr 10, 2024

In your case, the concept of equitable tolling may be applicable. Equitable tolling is a legal principle that allows a court to extend the statute of limitations (the time limit for filing a lawsuit) in situations where extraordinary circumstances prevented a plaintiff from filing a claim within... View More

1 Answer | Asked in Employment Law, Personal Injury, Products Liability and Agricultural Law for Maryland on
Q: Can a former employee to a pest control company sue for improper training, poor safety equipment and working un licensed
Tim Akpinar
Tim Akpinar
answered on Feb 26, 2024

A Maryland attorney could advise best, but your question remains open for a week. The type of case you describe can be complex because such cases sometimes involve multiple parties in potential third party actions - you could reach out to law firms to try to set up a free initial consult. That... View More

1 Answer | Asked in Personal Injury and Products Liability for Maryland on
Q: Looking for legal advice for case against Apple's iPhone and radiation levels which caused me to have cancer.

Yes, the iphone 11 pro max and up have high radiation levels that does harm you I am a witness to this and the crazy part of it is that it started exactly seven months before they called for the Covid plandemic. I suddenly out of nowhere would listen to my music with their earplugs and my face... View More

Mark Oakley
Mark Oakley
answered on Dec 15, 2023

Your lay opinion as to both the “radiation” and its relationship to your vaguely described symptoms that are the same symptoms caused by countless possible other reasons (virus, allergy, bacterial infections, nerve related issues, etc.), and the total lack of any medical evidence to support it,... View More

4 Answers | Asked in Personal Injury and Car Accidents for Maryland on
Q: Drunk driver totaled my car tonight, how do I pay for new car? Can I sue? Will his insurance pay me?

A car hit another car on the highway which then hit me and we all spun out and crashed into eachother again and hit the guard rail. The guy who caused it was arrested for a dui. I didn’t go to the hospital but my back and neck do hurt. My credit is bad and I really loved my truck. I’m not sure... View More

Tim Akpinar
Tim Akpinar
answered on Dec 13, 2023

Yes, the other vehicle's insurance should pay for the property damages (excepting any difference for financing balance, ordinarily picked up by gap). In terms of the injuries you describe, you could arrange a doctor visit to get checked out to be certain you're okay. Think about arranging... View More

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4 Answers | Asked in Personal Injury and Car Accidents for Maryland on
Q: Drunk driver totaled my car tonight, how do I pay for new car? Can I sue? Will his insurance pay me?

A car hit another car on the highway which then hit me and we all spun out and crashed into eachother again and hit the guard rail. The guy who caused it was arrested for a dui. I didn’t go to the hospital but my back and neck do hurt. My credit is bad and I really loved my truck. I’m not sure... View More

Mark Oakley
Mark Oakley
answered on Dec 11, 2023

The drunk driver who caused the accident will be liable to pay property damage up to the fair market value of your truck, or the cost of repairs, whichever is less. You would need “gap” insurance to cover the excess loan balance above what you receive for the total value of the truck. Gap... View More

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4 Answers | Asked in Personal Injury and Car Accidents for Maryland on
Q: Drunk driver totaled my car tonight, how do I pay for new car? Can I sue? Will his insurance pay me?

A car hit another car on the highway which then hit me and we all spun out and crashed into eachother again and hit the guard rail. The guy who caused it was arrested for a dui. I didn’t go to the hospital but my back and neck do hurt. My credit is bad and I really loved my truck. I’m not sure... View More

Scott Scherr
Scott Scherr
answered on Dec 11, 2023

Unfortunately, you are entitled to recover the fair market value of your vehicle plus 6% sales tax and tags. If there is still a balance, gap coverage will pay the loan if you have it. Otherwise, you are responsible for any remaining balance.

Since you were injured, you should obtain prompt...
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4 Answers | Asked in Personal Injury and Car Accidents for Maryland on
Q: Drunk driver totaled my car tonight, how do I pay for new car? Can I sue? Will his insurance pay me?

A car hit another car on the highway which then hit me and we all spun out and crashed into eachother again and hit the guard rail. The guy who caused it was arrested for a dui. I didn’t go to the hospital but my back and neck do hurt. My credit is bad and I really loved my truck. I’m not sure... View More

Uzoma Obi
Uzoma Obi
answered on Dec 10, 2023

Sorry to hear about your accident. The car that started the chain reaction accident is at fault for all cars damaged including your property damage and personal injuries. However, if your car is declared a total loss and your remaining car loan is greater than the present market value of your car,... View More

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