Maryland Personal Injury Questions & Answers

Q: I am in Baltimore County, Md and have a bed bug issue with my apartment complex.

2 Answers | Asked in Personal Injury and Landlord - Tenant for Maryland on
Answered on Mar 4, 2019
John Mesirow's answer
If it can be proven that the presence of the bedbugs is due to the landlord's negligence, and that you were injured as a result of this negligence, then you have a claim. I'm not minimizing any injuries you suffered, but I'm direct with both prospective and retained clients. Many personal injury lawyers don't take bed bug cases. (We don't.) You may have to make a few calls to find an attorney to pursue this. I hope things work out for you, and that you are able to resolve this.

Q: My broker is requiring court documents showing I am the Guardian of my daughter's settlement money under title 13

2 Answers | Asked in Personal Injury and Juvenile Law for Maryland on
Answered on Feb 27, 2019
Eric Todd Kirk's answer
You need to get the court's permission to withdraw money from a Title 13 trust account. You need to apply to the circuit court of the county where you, and show cause and standing, for the withdrawal.

Q: does a patient have to be self pay for an accident at a store?

2 Answers | Asked in Personal Injury for Maryland on
Answered on Jan 4, 2019
Mark Oakley's answer
No, this is not accurate. However, if your mother has Medicare, and if the store has a med-pay policy (most business casualty policies have a $5,000 no-fault medical bill coverage benefit that pays without regard to whether the store is liable or not), then Medicare may decline to cover the treatment until the med-pay policy is exhausted, and this could be the reason the doctors are saying this. If your mother's fall was the result of the store's negligence -- such as a spill, debris, cracked...

Q: Need help getting my 21 yr. old daughter access to her title 13 bank account established for her as a minor.

1 Answer | Asked in Personal Injury and Probate for Maryland on
Answered on Dec 28, 2018
Mark Oakley's answer
Maryland Estates & Trusts Code, Sections 13-405(a) (applicable to funds recovered in personal injury/tort claims) and 13-501(b) (applicable in all other scenarios), both provide that full payment may be made to the minor child upon attainment of 18 years of age, without a court order. A court order is only required if funds are paid before the child reached 18 years of age. You may look up the two statutes and print them out and show them to the bank, and demand that the bank contact their...

Q: Are there specific types of car accidents that require expert testimony? What would be one of those situations where I'd

3 Answers | Asked in Personal Injury, Car Accidents and Civil Litigation for Maryland on
Answered on Dec 18, 2018
Mark Oakley's answer
Yes. It’s not common, but there are occasional scenarios where the cause of the accident is in dispute, and an accident reconstruction expert is used to examine the location and extent of damage to each vehicle, skid marks on the roadway, calculate speed of vehicles based on impact damage, sight lines on direction of travel to determine when it was first possible for one driver to see the other car in order the gauge available reaction time, etc. There are many other scenarios other than...

Q: Maryland Courts and Judicial Proceedings Section 5-101 Article - Courts and Judicial Proc

1 Answer | Asked in Personal Injury for Maryland on
Answered on Dec 8, 2018
Mark Oakley's answer
You’ve cited the general 3 year statute of limitations for most civil causes of action. This would include most negligence cases resulting in personal injury. But you have not asked a question.

Q: If my boyfriend was driving my car when he crashed it into a stopped vehicle, am I responsible for the damages?

1 Answer | Asked in Personal Injury and Car Accidents for Maryland on
Answered on Nov 19, 2018
Mark Oakley's answer
Your insurance is responsible for the damages. Your boyfriend is primarily responsible, but your insurance covers anyone whom you have permission to drive your car. Generally speaking, you can only be personally responsible if your boyfriend was on an errand for your benefit (acting as your agent), or if you knew your boyfriend was either a reckless driver or was not legally allowed to drive (negligent entrustment). Otherwise, just because you are the vehicle owner does not mean you’re liable...

Q: Do personal injury settlements include medical bills my insurance didn't cover?

3 Answers | Asked in Personal Injury for Maryland on
Answered on Oct 25, 2018
Mark Oakley's answer
Settlement or judgment against the at-fault driver/insurance company should include 100% of your medical bills, without regard to how much your separate insurance has paid, in addition to your lost wages and pain and suffering. The Collateral Source Rule is applied in Maryland, which holds that a negligent party is not entitled to reduce reimbursement for your medical bills by the amount already paid under your health or other insurance, as they are not to benefit from insurance coverages you...

Q: I was charged in a fight, but got injured myself - can I sue the other person?

3 Answers | Asked in Personal Injury for Maryland on
Answered on Oct 12, 2018
John Mesirow's answer
Yes, but even if you win in court, it is difficult to collect from most individuals for a variety of reasons. Because of this, it will probably be difficult for you to find a personal injury lawyer who would be willing to take your case on a contingency basis. You should call a personal injury to discuss this further.

Q: Legal options for woman raped and assaulted by former husband

1 Answer | Asked in Criminal Law, Divorce and Personal Injury for Maryland on
Answered on Sep 28, 2018
Joseph D. Allen's answer
The statute of limitations for sexual or other battery (assuming she was 18 or older at the time) is 3 years. There is no criminal statute of limitations for sexual assault. It may be relatively difficult to get a prosecutor to take the case given the passage of time- but depending on the facts, it might be possible. She might be able to get restitution if he is convicted. As for the continuing verbal abuse, it depends on how severe it is- she might have a civil claim. Or she could be...

Q: Who do I need to speak to about a terrible accident involving myself and a natural resource officer?

2 Answers | Asked in Car Accidents and Personal Injury for Maryland on
Answered on Sep 17, 2018
Eric Todd Kirk's answer
Very sorry to hear that this has happened to you and your family. If you were injured in the accident you should indeed immediately consult with a Maryland personal injury attorney.

Q: I got into a car accident with someone who lives in Virginia. They want the court proceedings to take place there but

3 Answers | Asked in Personal Injury, Car Accidents and Civil Litigation for Maryland on
Answered on Sep 14, 2018
Mark Oakley's answer
Are you the one making the claim, or is the other driver? The proper venue is where the accident occurred. In almost all cases that is the jurisdiction suit must be filed in. A defendant can also be sued where they reside, but in an accident case you should stick to where the accident occurred. If you are the one suing, then beware: Virginia only has a 2 year statute of limitations, whereas Maryland is three years.

Q: I own a town house located in Prince George County, Maryland in a community governed by a Homeowners Association.

2 Answers | Asked in Consumer Law, Personal Injury, Arbitration / Mediation Law and Small Claims for Maryland on
Answered on Aug 28, 2018
Thomas A. Grossman's answer
After a mediation, you can sue the HOA for failure to enforce its' CCRs.

Q: Is the statute of limitations to file a lawsuit the same across all states?

4 Answers | Asked in Personal Injury and Civil Litigation for Maryland on
Answered on Aug 23, 2018
John Mesirow's answer
NO!!! It varies from state to state, and the nature of the claim! Call a lawyer for more information.

Q: What if both of you did something wrong in an accident - who is at fault?

2 Answers | Asked in Personal Injury for Maryland on
Answered on Aug 10, 2018
Eric Todd Kirk's answer
Both. Unlike most states, Maryland does not employ comparative fault concepts.

Q: I was in an auto accident with no witnesses, Would a lawyer post signs at the intersection looking for witnesses?

3 Answers | Asked in Car Accidents and Personal Injury for Maryland on
Answered on Jul 24, 2018
Mark Oakley's answer
It seems like a highly unlikely strategy to locate a witness--someone who randomly might have seen the accident and who will also randomly drive through that same intersection and notice some sign you post as they drive past. Nothing stopping you trying it, and certainly if the accident happened along a busy commuter route during rush hour then you might increase your odds that the same drivers will pass through on their way to and from work. I don't see too many lawyers doing this for you,...

Q: Can a person collect a payment from PIP if they only have guest PIP?

1 Answer | Asked in Personal Injury and Insurance Bad Faith for Maryland on
Answered on Jul 6, 2018
Camille Brooks Ibrahim's answer
Yes PIP is only exhausted when the primary insurance of the driver doesn't have PIP

Q: I bumped a pedestrian and he fell and then was subsequently run over by a car -

1 Answer | Asked in Personal Injury and Car Accidents for Maryland on
Answered on Jun 29, 2018
Mark Oakley's answer
I would imagine both of you would be sued or had a claim made against. Your insurance company and the other driver’s insurance company would fight it out over liability. If it is likely that your liability limits would be exceeded by any claim, then you should consider retaining private counsel to advise you regarding your exposure to a potential judgment in excess of your limits, and what to do to protect your assets.

Q: I was hit while riding my bicycle and I hardly remember it. How can I sue the driver if my memory is so blurry?

4 Answers | Asked in Personal Injury for Maryland on
Answered on Jun 1, 2018
Mark Oakley's answer
Do you have the driver's information? Is the driver insured? Do you have auto insurance of your own, or are a covered driver under a family policy? One way or another you can make a claim, so long as you are not contributorily negligent. Call a lawyer and go over what you do know. Accidents like this do not just happen unless somebody acted, or failed to act, in a negligent manner. There may be witnesses, police reports, nearby video surveillance cameras available, etc., as well as the...

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