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

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... Read 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... Read more »

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... Read 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... Read more »

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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 »

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