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Maryland Personal Injury Questions & Answers
2 Answers | Asked in Personal Injury for Maryland on
Q: I was injured in the grocery store by someone driving the ride-on shopping carts while they were texting. Recourse?
John Mesirow
PREMIUM
John Mesirow
answered on Sep 13, 2019

From the information you provided, you probably have a claim against this individual. The issue is collectability. You will have a hard time finding an attorney to take the case if any settlement/judgment is not collectable. You should contact a personal injury attorney to discuss this further.

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1 Answer | Asked in Personal Injury and Products Liability for Maryland on
Q: Im looking for council related to synthetic drug,, DES. I talked to attorney while back. Breast cancer or uterus

Breast cancer or uterus cancer, can still file claim. My mother has breast cancer and i have had cancer cells in uterus. We both need to file a claim, we missed the overall big filing. We live in Rock Hall, MD. Was hoping would not have to go to Baltimore for council. Would appreciate a... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 3, 2019

The major DES litigation was in the 80's. If you have pre-cancerous changes, the problem is showing that the damages are such that you can make a claim. In your mother's case the difficulty is showing that her cancer is linked to DES or it is a form that is only found with those that... View More

1 Answer | Asked in Personal Injury and Workers' Compensation for Maryland on
Q: I was injured on the job. Notification to the supervisor was given and supervisor didn’t act until after 30 days.

I have text showing supervisor was notified. I assume my supervisor didn’t act as he said my hernia wasn’t covered.

Peter N. Munsing
Peter N. Munsing
answered on Aug 24, 2019

Contact a member of the Md. Assn for Justice who handles workers comp --they give free consults.

2 Answers | Asked in Personal Injury, Products Liability and Medical Malpractice for Maryland on
Q: Good Evening, My name is Imelda. Pharmacy Medication/Patient Error. On 08/06/2019.

On 08/06/2019, doctor provided me with written prescription. Hand held prescription to pharmacy agent. Within minutes they had the prescription ready. After taking medication I felt very very ill. I called Dr. to inform her. When she mentioned to cut in half. Red light flashed, I took a good look... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 22, 2019

Do both. Photograph the bottle etc, the receipt .

Realistically, you have a case but a very small one because from what you say nothing lasting happened--you had a nasty experience, but that would get you very little.

However the pharmacy should be notified because, who knows, the...
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1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Civil Rights for Maryland on
Q: If I was detained for 8 months for a crime I didn’t do, do I have a lawsuit chance?
Gary Kollin
Gary Kollin
answered on Jul 30, 2019

Was there probable cause for your arrest? If so, regardless of outcome, you generally do not.

However, are you simply going to rely on an answer here?

Of course not. So why have you not been contacting attorneys directly?

1 Answer | Asked in Personal Injury for Maryland on
Q: someone at my old job put bleach on my ice and I drank it. they a week later they fired me what can I do?
J. D. A.
J. D. A.
answered on Jul 24, 2019

Civil (and criminal) liability for the poisoner themselves seems pretty straightforward (if it is provable with evidence). The employer's responsibility for the bleach incident is less clear. As for the termination itself, there are not enough facts to analyze. And it seems likely there are... View More

2 Answers | Asked in Personal Injury for Maryland on
Q: Do I have a case, pharmacy gave me wrong medicine, I took one, threw up, still feeling sick though.

My pharmacy gave me someone's else medication, I didn't realize until I took one and immediately threw it up, but I haven't been feeling well since, I'm thinking about going to see my doctor on Monday, I took the medicine back and the pharmacist documented the mistake.

Pawnee A. Davis
Pawnee A. Davis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 4, 2019

Please obtain a copy of the document for your own records. Also, you need to obtain the pharmacist ‘s contact information because you may need him to testify about the mistake.

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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
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
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...
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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
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... View 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
PREMIUM
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... View 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... View More

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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... View 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?... View More

Mark Oakley
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... View 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
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... View 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
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
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),... View 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
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... View 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
PREMIUM
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... View More

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