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Maryland Personal Injury Questions & Answers
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

2 Answers | Asked in Personal Injury for Maryland on
Q: My 13 and 16 year old boys accidentally shot their bb guns into the siding of the neighbor behind our house.

My 13 and 16 year old boys accidentally shot their bb guns into the siding of the neighbor behind our house. We are willing to replace the dented siding but the owner is saying that we need to replace his entire siding because the new siding won't match the old siding. I have called for an... View More

Mark Oakley
Mark Oakley
answered on May 7, 2023

These types of unreasonable demands based on aesthetics often become impossible when the one party wants a whole replacement with brand new siding for their entire house based on one unmatched panel. They’re not entitled to that. Call your homeowners insurance company. It is very possible your... View More

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1 Answer | Asked in Criminal Law, Personal Injury and Education Law for Maryland on
Q: I have a special needs son who was assaulted by his teacher on 2 twice. what kind of lawyer do I need for this situation

CPS was involved because there was a witness who reported the teacher. Now the teacher filed a claim to juvenile courts saying it was my son who assaulted her. My son has autism, adhd and mod to severe intellectual disability. I need help to fight this.

Todd B. Kotler
Todd B. Kotler
answered on May 5, 2023

Hopefully this occured around some typical peers or other witnesses who can speak to what actually occurred. You need to get statements from those individuals ASAP and get them to commit to appear at the evidentiary hearing. Merely having a written statement will often not work as that is... View More

1 Answer | Asked in Personal Injury for Maryland on
Q: I got seriously injured playing in an adult rec sports league. I did not sign a waiver. The turf is old. Can I sue?

I tore my right Achilles just planting to shoot. Had surgery, but fell and reinjured so I'm still not walking. Work and life has been severely affected. I still cannot walk or drive and am in pain. I may never fully recover. The turf is 10 years old and may have been why I got hurt. No one... View More

Ronald V. Miller Jr.
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answered on Apr 25, 2023

You may have grounds to file a lawsuit against the organizers of the adult rec sports league. If the turf is old and its condition may have been the reason for your injury, the organizers may be liable for negligence. The fact that you were not asked to sign a waiver before participating in the... View More

2 Answers | Asked in Personal Injury, Civil Litigation and Education Law for Maryland on
Q: Am I negligent?

I am a teacher. A student came to me in the last 15 minutes of the day and asked to go to the nurse and said that she thinks she hurt her arm at recess (we had just come in). The student’s demeanor did not appear to be stressed/hurting and there were no obvious indications of trauma. No... View More

Ronald V. Miller Jr.
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answered on Apr 4, 2023

I understand your concern. I think your chances of real liability here approach zero. First, your response was reasonable. The student's behavior and lack of visible symptoms could have led you to believe that the injury was not severe. Second, it is extremely unlikely that treating these... View More

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2 Answers | Asked in Personal Injury, Civil Litigation and Education Law for Maryland on
Q: Am I negligent?

I am a teacher. A student came to me in the last 15 minutes of the day and asked to go to the nurse and said that she thinks she hurt her arm at recess (we had just come in). The student’s demeanor did not appear to be stressed/hurting and there were no obvious indications of trauma. No... View More

Mark Oakley
Mark Oakley
answered on Apr 4, 2023

I agree with Mr. Miller’s answer, but would add that the age of the child may play a factor in what may have been a more appropriate choice. As far as personal liability for the child’s parents making a claim for damages, there is likely no case there. As far as a negative employment... View More

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2 Answers | Asked in Car Accidents and Personal Injury for Maryland on
Q: If a driver does not notify police following an accident (hit and run), what legal options does the victim have?

I'm curious about this as it pertains to Title 20 - Vehicle Laws -- Accidents and Accident Reports; Section 20-106 - Duty on Striking Domestic Animal. My dog was hit, and the driver stopped before driving away. I called the police to file a report & create a case, but I'm wondering... View More

Lee Eidelberg
Lee Eidelberg
answered on Mar 22, 2023

If the responsible driver did not notify the police/law enforcement to report the incident - and you have identification information regarding the driver - the police at its option, if you report the offender, could cite the driver for violating the applicable section of the transportation code,... View More

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2 Answers | Asked in Car Accidents and Personal Injury for Maryland on
Q: If a driver does not notify police following an accident (hit and run), what legal options does the victim have?

I'm curious about this as it pertains to Title 20 - Vehicle Laws -- Accidents and Accident Reports; Section 20-106 - Duty on Striking Domestic Animal. My dog was hit, and the driver stopped before driving away. I called the police to file a report & create a case, but I'm wondering... View More

Mark Oakley
Mark Oakley
answered on Mar 23, 2023

The driver --assuming they were aware that they struck and injured the dog-- is in violation of Transportation Article 20-105 (failure to remain at scene of accident resulting in damage to unattended property--pets are deemed property under Maryland law), 20-105.1 (information required to be... View More

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1 Answer | Asked in Personal Injury and Libel & Slander for Maryland on
Q: I’m making a YouTube video talking about what my ex did to me in our relationship. Not using his name, could I get sued?

Could o be sued for defamation of character even tho I’m not using his name in my videos?

Mark Oakley
Mark Oakley
answered on Mar 8, 2023

(1) Truth is a complete defense to a suit for defamation/libel. Revealing private medial or health information about someone, or their SSN or other private personal information, may give rise to a invasion of privacy or harassment claim, even if the statements are true.

(2) Defamatory...
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3 Answers | Asked in Personal Injury, Car Accidents and Insurance Bad Faith for Maryland on
Q: I am an out of state resident and was rearended by a NJ driver, in NJ. Their insurance tell me that I cannot get P&S?
Mark Oakley
Mark Oakley
answered on Feb 28, 2023

Do not believe what the adjuster is telling you. Contact a NJ lawyer for representation. Damages for pain and suffering are allowed in NJ; however, NJ is a comparative fault state, meaning that you must not be more than 50% at fault for the accident, and your percentage of fault will reduce your... View More

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1 Answer | Asked in Personal Injury and Products Liability for Maryland on
Q: Can I sue the lighter company if a torch lighter caught my upper body on fire causing 3rd degree burns and in hospital?

I attempted to light a cigarette to smoke and the lighter presented a huge flame that caught my hair and face on fire. Was medavac to Washington Hospital Center. Still there going into the second week.

It is a horrible experience.

Stephen Arnold Black
Stephen Arnold Black
answered on Dec 11, 2022

To prove liability, an expert would need to establish through forensic testing that the lighter had a product defect and that defect caused your injuries. An attorney may be interested in taking your case, so reach out to personal injury attorneys in your jurisdiction.

1 Answer | Asked in Small Claims, Criminal Law and Personal Injury for Maryland on
Q: How do I pursue legal action against someone who stole my phone and send money to themselves

I tried to dispute the charges twice with my bank and they denied me saying I didn’t have enough proof but I sent them screenshots of me putting my phone in lost mode, text messages from the person saying they took it

Mark Oakley
Mark Oakley
answered on Dec 10, 2022

You need to go to the police, file criminal charges if you know who the person is, or at least get a criminal report filed and a copy of it that you are the victim of a crime. You give that criminal investigation report to the bank to prove the phone was stolen and your account illegally accessed.... View More

1 Answer | Asked in Personal Injury and Criminal Law for Maryland on
Q: Can I bring a civil suit against the woman who sold my daughter OxyContin?

A colleague (lives in Harford County) of my daughter (lives in Cecil County), sold my daughter Rx OxyContin for almost a year. The seller is a known doctor-shopper and drug seeker, and through her actions of selling her Rx has contributed to my daughter’s ongoing ill physical and mental health,... View More

Mark Oakley
Mark Oakley
answered on Dec 8, 2022

You cannot sue on behalf of your adult daughter, nor have you personally suffered a damage that would allow you a direct lawsuit against this person. Your daughter is the alleged victim of this wrongdoing, so she would have to sue in her own name against the responsible party. The problem with... View More

2 Answers | Asked in Personal Injury and Workers' Compensation for Maryland on
Q: I'm a federal employee who was hurt on a federal job during work hours are there any attorneys that deals with the Depar

The Department of Labor I find it hard to find attorney to handles with them

Eric Todd Kirk
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answered on Oct 28, 2022

You need a lawyer who handles federal workers' compensation claims. YOu can use the find an attorney service on the site to locate one. Best of luck.

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3 Answers | Asked in Car Accidents and Personal Injury for Maryland on
Q: My car was involved in a hit and run in 2021 can I still sue
Eric Todd Kirk
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answered on Oct 24, 2022

You would generally have three years to file a claim with, and then sue if necessary, your insurance company for an uninsured motorist claim. There may be other claims with shorter time frames. You should consult with a lawyer in a confidential setting.

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3 Answers | Asked in Car Accidents and Personal Injury for Maryland on
Q: My car was involved in a hit and run in 2021 can I still sue
Ronald V. Miller Jr.
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answered on Oct 23, 2022

Generally yes. You have the same statute of limitations as you would if there was a defendant you could name. But you want to consult with a lawyer to see if the general rule matches the unique facts of your case.

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3 Answers | Asked in Car Accidents and Personal Injury for Maryland on
Q: My car was involved in a hit and run in 2021 can I still sue
Lee Eidelberg
Lee Eidelberg
answered on Oct 24, 2022

In short, yes. If you know the identity of the driver, you can sue the responsible party within three (3) years, per Maryland's statute of limitations. If you do not know the identity of the driver and can satisfy your own insurance carrier (usually through the production of a police report... View More

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