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Maryland Personal Injury Questions & Answers
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

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

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

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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2 Answers | Asked in Car Accidents and Personal Injury for Maryland on
Q: I was involved in an accident that was not my fault in a rental. Why are they refusing to pay toward another rental?
Mark Oakley
Mark Oakley
answered on Nov 30, 2023

Who are “they”? The rental company is not responsible for that. Rental reimbursement under an insurance policy is provided when your car that is damaged in an accident is not drivable due to it being a total loss or because it is in the repair shop. You would then be given a covered rental... View More

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1 Answer | Asked in Personal Injury, Civil Rights, Constitutional Law and Education Law for Maryland on
Q: Can my sons school district be sued for violating his civil rights and false arrest along with deny him due process?

On 11/04 my son was playing in class and brush up against a girls bottom. He apologized because it was an accident. The girl told a counselor she felt uncomfortable . The counselor pulled him out of class 2 separate times and questioned him that day, him and the girl agreed it was an accident and... View More

James L. Arrasmith
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answered on Nov 8, 2023

If your son's rights have been violated through a false arrest and a denial of due process, it may be possible to bring a lawsuit against the school district. Schools have a responsibility to ensure due process before disciplining a student, and a failure to notify you could be seen as a... View More

1 Answer | Asked in Civil Litigation, Criminal Law and Personal Injury for Maryland on
Q: Can I sue a hotel if me and another family members medications and money were stolen from our room?

I was on vacation out of state and a family member realized her things were rummaged through when we came back from an event and items were missing. I noticed my medication and money was gone the next day when I went to take them. This happened in South Carolina and I live in Baltimore. The hotel... View More

Lee Eidelberg
Lee Eidelberg
answered on Oct 16, 2023

The simple answer to the question of whether you can sue the hotel is "yes." However your need an attorney admitted to practice in SC and evidence that the hotel's staff was negligent in some manner. Presumably, the doors to the rooms lock automatically upon exiting the room so... View More

1 Answer | Asked in Car Accidents, Personal Injury and Products Liability for Maryland on
Q: If my company designed a car wheel and sold a license to a manufacturer. Who is liable for accidents from its use?

I am considering forming a startup based on the design of a new lightweight automobile wheel. The business model is to patent the wheel design and sell licenses to wheel manufacturers and collect royalties from it. If there ends up being a design flaw in the wheel and it results in a wheel failure... View More

Mark Oakley
Mark Oakley
answered on Oct 8, 2023

The injured party would sue both the seller and the manufacturer/designer. The designer would ultimately be liable to the seller and the manufacturer (if different from the designer), for damages they pay out to the injured party. Basically, if all defendants in the case are insured, the... View More

3 Answers | Asked in Personal Injury and Car Accidents for Maryland on
Q: How can I figure out what I am entitled to after an auto accident that was the other driver's fault?

I was driving a rental car that ended up on it's side. I was hurt but not seriously.

Scott Scherr
Scott Scherr
answered on Oct 7, 2023

You are entitled to factor in your medical bills, lost wages, pain and suffering, the nature of your injuries, and other losses. The value of your case can be impacted by many factors. There is not a formula.

Your best bet is to speak with an attorney. All attorneys take cases like this on...
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2 Answers | Asked in Animal / Dog Law, Consumer Law and Personal Injury for Maryland on
Q: What type of lawyer helps us fight a business that sold a faulty prod resulting in a fire and pet death?

Our camper caught fire before getting it insured. We learned the fire was (in a nutshell) b/c of either a faulty device or poor installation of another company's device that was installed by the manufacturer. Basically, the fire was inevitable and there was no warnings despite customer... View More

Scott Scherr
Scott Scherr
answered on Sep 8, 2023

You should look for an attorney that handles fire cases. Under the law, you will have the burden of proof to show that the fire was caused by a defective product or someone's negligence. This is requires expert testimony which can be expensive. Some attorneys will advance the expenses and take... View More

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1 Answer | Asked in Personal Injury and Workers' Compensation for Maryland on
Q: What option do I have? I’ve been told by my supervisor I will not be compensated for my time off while healing elbow?

Hello, I am a Amazon delivery driver & on 8/4/23 I was bitten in the elbow & fingers by a customers dog. She requested for packages to be delivered to the rear door of her home. I pulled into her drive way, she & i made eye contact & smiled at each other and she and 1 dog went into... View More

Mark Oakley
Mark Oakley
answered on Aug 6, 2023

You have both a workers’ comp claim and a claim against the homeowner. Hire a lawyer. If you miss time from work due to injury on the job, and assuming you are a covered employee, then you will receive Temporary Total benefits. In the meantime you pursue the homeowner claim against the homeowner... View More

2 Answers | Asked in Contracts, Personal Injury and Car Accidents for Maryland on
Q: Form requires indemnification for a car accidents

My sister is disabled and lives in Maryland. A new agency will to be providing services to her, namely getting her "out in the community" by driving her to, and helping her participate in, activities outside of the home. The staff member would be driving her in their own car and is... View More

Mark Oakley
Mark Oakley
answered on Jul 6, 2023

Liability waivers are, in general, enforceable, with some limitations that require a lawsuit and fact finding by a judge or jury to sort out--which is not what you want. A party cannot enforce a liability waiver to release them from liability for "gross" negligence or reckless behavior,... View More

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1 Answer | Asked in Criminal Law, Employment Law, Personal Injury and Libel & Slander for Maryland on
Q: Is there any way to compel the company to give me the name of the person who made a false statement against me?

I work for a ride-share company and recently had my account deactivated because a rider lied that I had drugs with the intent to sell. This is absolutely false. I need to know the name of the rider who defamed me, but the company will not share the contact information for the rider. Is there any... View More

Mark Oakley
Mark Oakley
answered on Jul 4, 2023

You will need to discuss the issue with an employment attorney, and explore whether you have a wrongful termination lawsuit or other type of claim you can file. In a civil legal action you can compel responses to interrogatories (written questions that must be answered under oath), demand... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Personal Injury for Maryland on
Q: My brother and I are the victims of electronic harassment. What are my options in the ways of gathering evidence?

I understand the gravity of this claim. I can’t let fear lie in the way of asking for help. I have no proof other than a list of license plates that are stored in my photos, voice memos, etc that I haven’t compiled because I am constantly exhausted from the harassment. Other than keeping a list... View More

James L. Arrasmith
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answered on Jun 18, 2023

If you believe that you and your brother are victims of electronic harassment, it is important to take steps to protect yourselves and gather evidence to support your claims. Here are some options to consider:

1. Document incidents: Keep a detailed log of any incidents of electronic...
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1 Answer | Asked in Personal Injury for Maryland on
Q: I was exposed to acid-based chemicals 20+ years ago at work and have lost both legs and feeling in my hands and kidney..

Failure is legal action still possible at this point.

Tim Akpinar
Tim Akpinar
answered on Jun 6, 2023

A Maryland attorney could advise best, but your question remains open for two weeks. I'm sorry for the injuries you suffered from your exposure. Ordinary, statutes of limitations for injury cases nationwide are only in the order of several years, even in the most lenient jurisdictions. But... View More

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