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Maryland Personal Injury Questions & Answers
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
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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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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... View More

J. D. A.
J. D. A.
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,... View 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... View More

Uzoma Obi
Uzoma Obi
answered on Oct 12, 2018

You will definitely need to speak with an attorney. However, in the interim, you can obtain a copy of the police report which should be available by now and this will provide insight as to the assignment of fault. Based on your assertions, it appears you may have a case for personal injury,... View More

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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
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... View 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... View More

Thomas A. Grossman
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?
Mark Oakley
Mark Oakley
answered on Aug 23, 2018

No. Every state has its own statutory scheme, and even within each state different types of claims have different limitations periods. In Maryland, for example, there is a general 3 year statute of limitations for filing most civil actions; however, there are quite a few exceptions, such as... View More

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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?
Pawnee A. Davis
Pawnee A. Davis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 12, 2018

Maryland (as well as the other two neighboring jurisdictions, D.C. and Virginia), is a contributory negligence state, which means that if an individual is even one percent at fault for an accident, then he or she is ineligible to recover any damages from an injury claim or civil case.

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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
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... View More

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1 Answer | Asked in Personal Injury and Insurance Bad Faith for Maryland on
Q: Can a person collect a payment from PIP if they only have guest PIP?

My daughter was involved in a car accidednt as a passenger. Erie insurance denied a claim to collect a PIP payment. due to my own coverage only having guest PIP

Camille Brooks Ibrahim
Camille Brooks Ibrahim
answered on Jul 6, 2018

Yes PIP is only exhausted when the primary insurance of the driver doesn't have PIP

1 Answer | Asked in Personal Injury and Car Accidents for Maryland on
Q: I bumped a pedestrian and he fell and then was subsequently run over by a car -

shouldn't the guy who ran him over be held responsible at all?

Mark Oakley
Mark Oakley
answered on Jun 29, 2018

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... View More

4 Answers | Asked in Personal Injury for Maryland on
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?
Mark Oakley
Mark Oakley
answered on Jun 1, 2018

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.... View More

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1 Answer | Asked in Criminal Law and Personal Injury for Maryland on
Q: Marriott IT is hacking male students for blackmail money.Can someone give me some direction?

-more details can be found here. (Reddit:Marriott IT is hacking male students for blackmail money.)

The Marriott Int. IT employees monitor the internet usage of students and which adult websites they visit. When they have a lead, they hack into victims email looking for compromising info.... View More

Peter N. Munsing
Peter N. Munsing
answered on May 22, 2018

Contact an attorney who is a member of the Maryland Assn for Justice. They give free consults. It would make sense for someone to contact the Maryland Attorney General's Consumer Protection Office.They are pretty strong, proactive.

1 Answer | Asked in Employment Law and Personal Injury for Maryland on
Q: For personal damages what federal and state can a claim be made without caps?

I'm filing a title bill civil Rights act which has a compensatory damages cap of $300,000. The damages are too great, their actions threatened my life and is looking for other federal and state legal remedy without a cap. Thank you

Thomas Neary
Thomas Neary
answered on May 15, 2018

You probably need to consult with an attorney on this question. It is hard to say what claims apply without details about the claim and applicable jurisdiction.

1 Answer | Asked in Contracts, Personal Injury, Civil Litigation and Landlord - Tenant for Maryland on
Q: What type of lawyer do I need?

was rented a unit in apartment complex with mold and water damages. son had seizure from it. they failed to inform me upon move in about the water damage. Only lived there for 3 weeks. Property manager refused to move us to new unit or put us in hotel. I have 2 small children who have medical... View More

Thomas Neary
Thomas Neary
answered on May 15, 2018

You are probably looking for a personal injury lawyer or a general litigator experienced with dealing with injury claims and insurance companies. The specific legal area for the mold portion is called toxic torts.

2 Answers | Asked in Personal Injury for Maryland on
Q: I had an injury 2 years ago now i am getting pain again can i start back my claim
Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 12, 2018

Not if you settled, it executed a release, or had the claim otherwise resolved by a court of law. The Maryland the statute of limitations for a claim based on negligence is 3 years, so it appears you are within that time frame. It may be difficult or impossible to prove the symptoms occurring 2... View More

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3 Answers | Asked in Personal Injury, Car Accidents and Civil Litigation for Maryland on
Q: How long do I have to file a claim for an injury sustained in a car accident?
Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 11, 2018

That answer has a lot of variables and the answer depends in part on what you mean by filing a claim. In Maryland, lawsuits based on negligence must be filed within three years from the date of loss. If the claim is against the government, then there are frequently notice requirements that must be... View More

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1 Answer | Asked in Car Accidents, Personal Injury, Criminal Law and DUI / DWI for Maryland on
Q: I stole a car that was running and got in a accident this lady got hurt but dont think to bad causes they let me go plus

And I had a dui the night before and they released me

Mark Oakley
Mark Oakley
answered on Apr 1, 2018

Yeah, you need a lawyer. Better to stop posting any more details on this public forum. Felony theft of an automobile, aggravated by an accident with injury, and with a pending DUI from the night before, that’s got jail written all over it. You need to start preparing now for how to deal with... View More

2 Answers | Asked in Car Accidents and Personal Injury for Maryland on
Q: How do i defend my self against a claim of negligence as owner of vehicle?

my ex girlfriend was in a car accident and the insurance company sued me and her. They claim she was acting as agent, servant and or employee of me in the complaint. which she was not. The claim against her was dismissed as she was never served and I had a default judgment vacated as I proved I was... View More

Mark Oakley
Mark Oakley
answered on Mar 31, 2018

I assume the vehicle your girlfriend was driving was titled in your name, and that it was not covered by insurance, and neither was your girlfriend covered by any other automobile policy on any other vehicle. If this is not correct, then the insurance company must immediately be notified and they... View More

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4 Answers | Asked in Personal Injury for Maryland on
Q: Can I sue a cyclist who hit me on a sidewalk? There were no marked bike lanes.
Ronald V. Miller Jr.
PREMIUM
Ronald V. Miller Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 30, 2018

Certainly, there may be facts to support your claim. You just have not offered enough facts about your case but there are many scenarios like this where the cyclist could be responsible.

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1 Answer | Asked in Personal Injury, Workers' Compensation, Health Care Law and Medical Malpractice for Maryland on
Q: I'm currently on comp would I need another lawyer to sue the employer for the severely sunken in scar on my foot due to

3 operations would it be a malpractice against the doctor or pain and suffering against my employer. Comp is also refusing to treat me with any meds that work . Refusing pain management . My lawyer said he can't answer these questions due to he only handles the comp side of things . Please... View More

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 13, 2018

You can't sue your employer. You may have a valid claim for malpractice, but only if another doctor is willing to state under oath that an act of medical negligence occurred. You should ask your current lawyer for a referral to a medical malpractice attorney.

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