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Maryland Personal Injury Questions & Answers
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.
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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
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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.

1 Answer | Asked in Car Accidents and Personal Injury for Maryland on
Q: In a car accident negligence tort claim, what is the definition of agent and servant in the formal complaint?

Here's the part of the complaint using fictional names and dates I'm asking about.

On March 4, 2008 at or near west main St, The defendant Jane doe was operating a vehicle owned by defendant John Doe as his agent, servant, and/or employee in a careless & negligent matter so... View More

Mark Oakley
Mark Oakley
answered on Mar 8, 2018

The owner of a vehicle can be liable for the driver’s negligence if they gave permission to the driver to operate their vehicle and the driver was operating it for the benefit of the owner. That could mean the driver was either an employee performing a task during work, or a friend or family... View More

2 Answers | Asked in Personal Injury and Employment Law for Maryland on
Q: Is a long term disability lump sum settlement taxable as "sick pay wages?"

I received a W2 for an insurance settlement claiming they are wages. This settlement was based on a claim that they denied me proper ability to appeal my denial. It was not for the full amount I should have received if LTD had been approved. It was a lump settlement to avoid going to court. And... View More

Mark Oakley
Mark Oakley
answered on Mar 4, 2018

If it is paid as compensation for lost income, yes. If a settlement is paid as compensation for general pain and suffering or permanent impairment, then no. If paid to cover both, but is not apportioned between income and pain and suffering, then it is all deemed pain and suffering and not taxable.... View More

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1 Answer | Asked in Personal Injury and Domestic Violence for Maryland on
Q: I’m 16 and I’m going to court because I punched my 18 year old sister in her arm, what will happen?

There are no bruises or marks

Mark Oakley
Mark Oakley
answered on Jan 30, 2018

You’re a juvenile so I would imagine not much, maybe counseling. Ordinarily there would be an Intake Meeting with a case worker from Juvenile Services first, and you’d possibly be offered an”informal disposition” that would avoid court.

1 Answer | Asked in Personal Injury and Products Liability for Maryland on
Q: I broke my tooth upon eating some Turkey Jerky from Boar's Head. What is my recourse? The company has left me hanging.
John Mesirow
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John Mesirow
answered on Jan 24, 2018

Assuming that you broke your tooth on a piece of bone or something else that should not have been in the Turkey Jerky, you have a claim. Not to minimize what happened, but the problem you may have in finding a lawyer is what appears to be the limited nature of your injury. You should contact a... View More

1 Answer | Asked in Education Law and Personal Injury for Maryland on
Q: My 8 y/o has been physically assaulted in class many times. Admin is aware and done nothing. Can I take legal action
Ashley VanCleef
Ashley VanCleef
answered on Jan 20, 2018

School systems are required to act upon reported acts of bullying. School systems have bullying forms posted on the websites and paper copies are available in the school buildings. This is the best way to document what is happening and to hopefully have administration swiftly take action.... View More

1 Answer | Asked in Criminal Law, Personal Injury and Wrongful Death for Maryland on
Q: Can the State be sued for releasing someone who murdered previously and then murdered again 2 months after release?

My brother was murdered. His

murderer killed a woman before- served 10 years... and was released back into society only to kill again 2 months after his release. Can someone be held responsible?

Thanks

Thomas J. Maronick Jr
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Thomas J. Maronick Jr
answered on Jan 18, 2018

No. The courts and parole board make those decisions and both are immune from suit unless the release was due to negligent error. Then you might be able to sue the state.

1 Answer | Asked in Personal Injury for Maryland on
Q: Can I file a PTSD case against the police?

The police did a search warrant next door using explosives @5am yesterday, it’s all I think about, the house shook, I almost fell in the shower, I thought a car ran into my house, my kids and I were traumatized, paintings and pictures fell off my walls, they left the explosive wiring on my steps... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 4, 2018

First, contact a member of the Md.Assn for Justice. However the Police may do as they did if appropriate and if so there would be no case.

As far as your reactions, google "Psychology Today Therapist ______________(name of city) EMDR" which will give you therapists who perform...
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1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Constitutional Law for Maryland on
Q: In Maryland, Can you defend yourself by using any object against another individual?

Can u use an object to defend yourself against teens & other adults like your parents if your life is at risk?

Peter N. Munsing
Peter N. Munsing
answered on Jan 3, 2018

You need to consult a criminal defense attorney if you have done this, and discuss no facts on any social media.

Any person may use REASONABLE force to defend themselves but what is reasonable depends on the circumstances.

1 Answer | Asked in Personal Injury for Maryland on
Q: I hear a lot about dog bite cases. Are cat bites or scratches treated similarly under the law?
Bennett James Wills
Bennett James Wills
answered on Dec 30, 2017

If you are injured by an animal then you may have a potential case against the owner. The facts and circumstances of each case are different. Dog bites just seem to be the most common. If you have been injured then consult a local attorney for your options.

2 Answers | Asked in Car Accidents and Personal Injury for Maryland on
Q: i was just in a car accident, my vehicle was hit by a small truck but i am not on the car insurance policy as a driver

Can i still sue the other driver who hit at the scene he was given 3 citations for reckles driving

Eric Todd Kirk
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answered on Dec 29, 2017

I am sorry to hear this is happened to you. If you sustained a personal injury in the accident you can absolutely file a claim against the other driver. This may or may not result in a lawsuit. So long as you have the owner's permission to drive the car, you would likely be entitled to... View More

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1 Answer | Asked in Personal Injury and Libel & Slander for Maryland on
Q: Are all statements made under oath considered privileged statements

I'm thinking of filing a defamation suit

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 29, 2017

The question is unclear. No "privilege" attaches to a statement simply because it is made under oath. Many statements, including statements made for loan applications, for insurance applications, etc. will be made under oath.

If, however, the question wonders whether...
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1 Answer | Asked in Personal Injury for Maryland on
Q: I was at a storage facility and slipped on some debris on the floor.

The facility says I can't sue them and won't give me the name of their insurance company because of a contractual waiver of responsibility. Can they do that?

Ronald V. Miller Jr.
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answered on Dec 12, 2017

I don't think there is a legal obligation to provide the name of the insurance company. That is information you can get if you file a lawsuit. Depending on the waiver you signed, you may have indemnified them for their own negligence which could be a bar to your claim.

1 Answer | Asked in Personal Injury for Maryland on
Q: I hit a car in self driving mode because it was driving erratically. Who's at fault here?
Ronald V. Miller Jr.
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answered on Dec 12, 2017

You are simply not giving us enough information to make the call. You would have to give all of the facts of the case.

1 Answer | Asked in Personal Injury for Maryland on
Q: I fired my lawyer but he's sending my personal information to other lawyers. Can I sue him?

n/a

Ronald V. Miller Jr.
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answered on Dec 12, 2017

You can. I just do not think the value of that case would be very high. But we would need to know more details.

1 Answer | Asked in Personal Injury for Maryland on
Q: My brother was driving and got into an accident - he was drinking and his passenger broke his leg.

The passenger thought gave him the alcohol - is he able to still sue my brother?

Ronald V. Miller Jr.
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answered on Dec 12, 2017

The question is whether the passenger is contributorily negligent. Your brother's problem is that he has to argue that he was drunk. If the passenger knew or had reason to know your brother was drunk, then it is a bar to his claim. But you brother would basically be admitting to being a... View More

1 Answer | Asked in Personal Injury and Workers' Compensation for Maryland on
Q: I am self employed I have submitted all documents to my lawyer, how soon can I received lost wages must I wait settlemen
Ronald V. Miller Jr.
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answered on Dec 12, 2017

Lost wages for self-employed people is always a challenge. Whether the insurance company gives you credit for your lost wages will depend on a lot of factors. But we file suit more frequently in cases with self-employed lost wages because insurance companies often do not treat self-employed wages... View More

1 Answer | Asked in Personal Injury for Maryland on
Q: What can I do if lead (PB) hasn't affected me until after I became an adult?

I grew up in a house with lead. I didn't have any issues until after adulthood.

Ronald V. Miller Jr.
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answered on Dec 12, 2017

Generally speaking, if you have a brain injury from lead paint poisoning, the injuries are going to be evident before you become an adult. Setting aside the statute of limitations (I have no idea how old you are), it will be hard to show causation if the symptoms did not appear until you were an... View More

1 Answer | Asked in Personal Injury for Maryland on
Q: I'm a secretary for a small company and was asked to go pick up lunch for my work team one day. I got into an accident

on the drive to pick up the food and the other party now wants to sue my employer. Are they allowed to do that?

Bennett James Wills
Bennett James Wills
answered on Dec 6, 2017

Yes. If you were working for your employer at the time, the employer may be vicariously liable for your negligence.

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