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Maryland Personal Injury Questions & Answers

2 Answers | Asked in Personal Injury for Maryland on

Q: How much of the contingency fee from a personal injury case does a lawyer actually receive and how much does the firm

Mark Oakley answered on Jun 1, 2019

Each law firm compensates its lawyers however they agree, and it varies. You have one contingent fee to pay, and how the specific lawyer in the law firm representing you is compensated is a private matter between the lawyer and the firm.

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5 Answers | Asked in Personal Injury and Car Accidents for Maryland on

Q: How long I have to get a lawyer after car accident in MD

A woman run a red light a total my vehicle causing me to to hit someone else vehicle on my 60 birthday

Thomas Neary answered on May 31, 2019

Sorry about your accident and rough birthday!

The Statute of Limitations for filing most claims related to the accident is 3 years from the date of the accident. This is for negligence claims.

There are also some issues dealing with insurance that need to be dealt with earlier. It...
Read more »

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1 Answer | Asked in Education Law, Family Law, Personal Injury and Civil Litigation for Maryland on

Q: Can I file charges against the school for not protecting my son?

5 documented cases of events like spitting in my sons lunch, hitting him with a chair, slamming a door in his face and punching him in the face. all documented cases show the same child instigated an unprovoked attack on my son. at no time did my son provoke or even respond.

Ashley VanCleef answered on Apr 18, 2019

Bullying should be taken very seriously by schools. It is important to report and document the bullying on the school bullying and reporting forms. The laws vary by states but Federal guidance can be found here... Read more »

2 Answers | Asked in Personal Injury and Landlord - Tenant for Maryland on

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

John Mesirow answered on Mar 4, 2019

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... Read more »

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2 Answers | Asked in Personal Injury and Juvenile Law for Maryland on

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

I opened a Guardianship brokerage account in 2014 to hold around $6,000 from a settlement for my daughter. I am now trying to take that money out of the market and put it into a Guardianship bank account. But my broker is not allowing me to take the money out - they are requiring that I provide a... Read more »

Eric Todd Kirk answered on Feb 27, 2019

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.

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2 Answers | Asked in Personal Injury for Maryland on

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

my mother fell in a store and broke her kneecap and all the surgeons she has called are saying she has to be self pay and they cannot take her insurance because it was an accident that happened in a store.

Mark Oakley answered on Jan 4, 2019

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... Read more »

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1 Answer | Asked in Personal Injury and Probate for Maryland on

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

From a dog bite attack at the age of 3 my daughter has funds in a Title 13 account in a local bank. She is now 21 years old and wants access to the money. The bank is refusing to let her have it, stating she needs a court order to do so. What can we do to prove there is no court order needed?... Read more »

Mark Oakley answered on Dec 28, 2018

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... Read more »

3 Answers | Asked in Personal Injury, Car Accidents and Civil Litigation for Maryland on

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

need to hire one?

Mark Oakley answered on Dec 18, 2018

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... Read more »

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1 Answer | Asked in Personal Injury for Maryland on

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

Mark Oakley answered on Dec 8, 2018

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.

1 Answer | Asked in Personal Injury and Car Accidents for Maryland on

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

Mark Oakley answered on Nov 19, 2018

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),... Read more »

3 Answers | Asked in Personal Injury for Maryland on

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

Mark Oakley answered on Oct 25, 2018

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... Read more »

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3 Answers | Asked in Personal Injury for Maryland on

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

John Mesirow answered on Oct 12, 2018

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... Read more »

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1 Answer | Asked in Criminal Law, Divorce and Personal Injury for Maryland on

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

Hi

A woman I know divorced 4 years ago. However even to this day verbal abuse continues that is very bad. In the 12 years they were married, she was physically abused and raped by her former husband. He is in the military and she went to them for help and they would not help her. Our... Read more »

Joseph D. Allen answered on Sep 28, 2018

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,... Read more »

2 Answers | Asked in Car Accidents and Personal Injury for Maryland on

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

Officer was chasing someone who ran a red light. Did not have sirens on and I proceeded to cross an intersection as our light had been green for a few seconds, and was T-boned on my side, the drivers side. High speed was a factor in this accident. My sweet dog was killed in the backseat. My mom was... Read more »

Eric Todd Kirk answered on Sep 17, 2018

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.

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3 Answers | Asked in Personal Injury, Car Accidents and Civil Litigation for Maryland on

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

the accident was in Maryland and that would be inconvenient for me. Do I have to?

Mark Oakley answered on Sep 14, 2018

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... Read more »

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2 Answers | Asked in Consumer Law, Personal Injury, Arbitration / Mediation Law and Small Claims for Maryland on

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

Rain water from neighbors home has caused mole and water damage in my basement. HOA CC&R, Art. X, Maintenance, authorizes board to repair neighbors property, collect costs, place a lien and foreclosure for owner who has failed to maintain property to standards. I can not repair my damage because... Read more »

Thomas A. Grossman answered on Aug 28, 2018

After a mediation, you can sue the HOA for failure to enforce its' CCRs.

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4 Answers | Asked in Personal Injury and Civil Litigation for Maryland on

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

John Mesirow answered on Aug 23, 2018

NO!!! It varies from state to state, and the nature of the claim! Call a lawyer for more information.

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2 Answers | Asked in Personal Injury for Maryland on

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

Eric Todd Kirk answered on Aug 10, 2018

Both. Unlike most states, Maryland does not employ comparative fault concepts.

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3 Answers | Asked in Car Accidents and Personal Injury for Maryland on

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

Both drivers were found at fault because there were no witnesses. I was seriously injured; driving straight through an intersection, the other driver was turning left. He was uninjured. I never saw him.

Mark Oakley answered on Jul 24, 2018

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... Read more »

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