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Maryland Personal Injury Questions & Answers
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... Read more »

Joseph D. Allen
Joseph D. Allen 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,... Read more »

Eric Todd Kirk
Eric Todd Kirk 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... Read 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... Read 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... Read 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... Read 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... Read more »

Eric Todd Kirk
Eric Todd Kirk 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... Read 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

2 Answers | Asked in Car Accidents, Personal Injury and Wrongful Death for Maryland on
Q: A police crash report was filed with MVA, by Baltimore County Police, which office should we send our dispute to?

Which MVA office would the county crash investigator send report to? Is what I meant.

John Mesirow
John Mesirow answered on Mar 23, 2020

Here's the link to get a copy of the police report:

https://www.baltimorecountymd.gov/Agencies/police/requestreports/

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1 Answer | Asked in Employment Discrimination, Personal Injury and Sexual Harassment for Maryland on
Q: fired for mistakenly putting on a another person coat simerlar to mine. happen after expressing sexual harassment issue

coat was put on to do a task outside. our simerler coats were hung side by side. not sure if this sounds sensible but to me im still dumbfounded they used this as the reason the get rid of the problem. which all I wanted was the sexural harassment issues to be known so I didnt have to feel... Read more »

Joseph D. Allen
Joseph D. Allen answered on Mar 10, 2020

Sexual harassment claims (as well as retaliation/wrongful termination claims based on employee complaints about harassment) are very fact-specific and require detailed analysis of the applicable law. There are strict deadlines for filing charges with the EEOC/MCCR, so you should discuss soon with... Read more »

1 Answer | Asked in Personal Injury and Landlord - Tenant for Maryland on
Q: Subsequent remedial activity. Proving that it happened as supposed to it been there fault

In a mold case if landlord says there was no mold and there is plenty of evidence that the tenant had to move for remediation and pictures of remediation. Can the evidence be used to proof that there was mold in those areas of the apartment or is that excluded. It says you can’t proof negligence... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 25, 2020

This is something best posed to a Maryland attorney because it would be governed by state rules of evidence, or state exceptions to Federal Rules of Evidence. However, your post remains open for two weeks. As a general premise, you're correct about the way the rules of evidence generally treat... Read more »

1 Answer | Asked in Landlord - Tenant and Personal Injury for Maryland on
Q: My landlord removed all of my property valued over $100.000 and included a pick up truck. 4 days before I was to vacate

That happened in September 2016 while I was out of state. He also broke a lease of farmland depriving me of 11 acres and my 4 acre vineyard (20 yr lease start 2011). Estimated annual income from wines at $7,000,000 conservatively.

Joseph D. Allen
Joseph D. Allen answered on Feb 6, 2020

Given the amount of time that has passed, it is possible that your potential complaint might be barred by the statute of limitations. You'd need to discuss all the facts and circumstances with an attorney, including the issue of when you discovered the problem(s).

1 Answer | Asked in Appeals / Appellate Law, Personal Injury and Workers' Compensation for Maryland on
Q: If workers comp doc clears me and my doc says I need light duty for 2 more weeks, can I appeal?

I hurt my back, and it is all muscular spasms and pain. The workers comp doc didn't even give a decent assessment and kept telling me to be quiet as I was trying to answer his questions. I have been working light duty, not missing work, just not able to work in my dept. I feel I was treated... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Feb 3, 2020

You will need to hire an experienced workers' compensation attorney to pursue a claim for temporary total/temporary partial wage loss benefits for you. This is a complex claim and a decision by a judge of compensation claims is necessary to resolve the conflict between doctors.

2 Answers | Asked in Personal Injury for Maryland on
Q: Can my state settlement be intercepted

I have signed a release of all claims against state of Maryland for a vechicular accident

Uzoma Obi
Uzoma Obi answered on Jan 23, 2020

Your settlement can be reduced (or 'intercepted') by any liens that have been given to your lawyer to honor before your case settles.

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2 Answers | Asked in Personal Injury and Insurance Bad Faith for Maryland on
Q: Hi I have a personal injury case question regarding a car accident

My car was rear ended and was a total loss. I was taken to emergency room and diagnosed with acute head injury and cervical strain. Driver at fault was underinsured with $10,000 liability limit. Her insurance company is low balling the settlement for pain and suffering, loss wages and end of the... Read more »

Mark Oakley
Mark Oakley answered on Dec 31, 2019

You cannot sue the other driver’s insurance company for anything. You can only sue the driver. The driver’s contract with his/her insurance carrier has nothing to do with you. Their insurance company’s only obligation is to pay any judgment you obtain against their insured driver. The only... Read more »

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1 Answer | Asked in Car Accidents and Personal Injury for Maryland on
Q: hello, i had an accident case 20 years ago, we got judgement in federal court, large sum. can it be pursuit still?

federal judge dismissed insurance company, saying that: we need to get judgement first against dealership, because they were not informed, but they were in the court. after we got the judgement, then since i didn't speak English, my own lawyer i believe made deal with all state insurance... Read more »

Mark Oakley
Mark Oakley answered on Dec 31, 2019

Why did you wait 20 years to ask this question? I doubt there will be any bank or insurance company records, paper or electronic, left to trace what happened to the proceeds. Is the lawyer still practicing? Is he alive even? While you were entitled to a complete accounting of how the settlement... Read more »

2 Answers | Asked in Personal Injury for Maryland on
Q: Would the statue of limitations be based on date of injury or the date I became aware of the injury?

A little over 6 years ago Oct 2013 I was humiliated by an instructor at work in front of a group of people. It was unbelievable and malicious. (Additional details usually result in people being aghast and shake their head in unbelief.) At the time I did not realize I suffered a mental health injury... Read more »

Mark Oakley
Mark Oakley answered on Dec 20, 2019

The law of North Carolina would apply, so always check first with a lawyer from that jurisdiction before making any final decisions. However, that said, the SOL would normally start to run from the date of the incident under your facts. If you were not yet 18 years of age when the incident... Read more »

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2 Answers | Asked in Personal Injury and Products Liability for Maryland on
Q: I went to a business at my local mall and got lashes done, my eyes are now infected and swollen.

I went to my local mall to get lashes extensions, they glue burned and infected my eyes and face, I told the technician that it was burning really bad when she applied it but she said that was normal, the next day my eyes was still hurting I called and if she could remove them because I... Read more »

Bennett James Wills
Bennett James Wills answered on Dec 12, 2019

Contact a local personal injury attorney to evaluate your options.

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1 Answer | Asked in Consumer Law and Personal Injury for Maryland on
Q: Can I sue use waterproofing company for disrupting asbestos tile in my basement and not telling us it was asbestos?

The company drilled tile that is probably asbestos. 2 contractors that came to basement for other matters mentioned the flooring was asbestos. We had no idea and a whole year has almost passed since we the work was done.

Mark Oakley
Mark Oakley answered on Nov 29, 2019

So, first pay an asbestos remediation expert/contractor to provide a definitive confirmation whether you have asbestos tiles or not, and what, if any danger and cost of remediation will be. Get all that in writing. If the same expert/contractor is willing to state that the other contractor was... Read more »

1 Answer | Asked in Personal Injury, Environmental, Internet Law and Mergers & Acquisitions for Maryland on
Q: I have been traumatized due to a situation where my spouse and I hippa rights have been violated by the news station .

We have a big lawsuit that needs to be resolved sooner than later I have contacted a lawyer but she is way to expensive. She said I have a very big lawsuit and definitely been traumatized . this is something that will follow our life living here in our town. We only want justice and to live without... Read more »

Joseph D. Allen
Joseph D. Allen answered on Oct 18, 2019

There is no private cause of action for a HIPAA violation- in other words, an individual may not sue for damages based solely on such a violation. However, the Maryland Confidentiality of Medical Records Act does allow a person to sue for recovery of actual damages. It is possible that the same... Read more »

1 Answer | Asked in Personal Injury and Products Liability for Maryland on
Q: bought an ice pack product which seemed to leak. Daughter suffered multiple blisters and chemical burns.
Tim Akpinar
Tim Akpinar answered on Sep 20, 2019

I'm sorry for your daughter's ordeal here. You must speak with a Maryland attorney, but your question remains open for a week and you might be wondering what to do. Save records of any emergency medical care your daughter received and records of follow-up medical care. Save the ice pack... Read more »

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