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What is the Definition of Personal Injury Law?

The definition of personal injury law can be challenging to interpret, as there are several types of cases, each with its own laws. Our team of attorneys is ready to help you receive the settlement you deserve and support you throughout the legal process. The primary...

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What is the Purpose of Criminal Law?

While violation of  traffic laws may only result in fines or other relatively minor punishments, violation of criminal laws can have a profound impact on your life.  Penalties may involve fines, incarceration, or even the death penalty. The purpose of criminal law is...

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What is Maryland Workers Compensation?

Workers’ compensation is a system developed by state governments to provide financial assistance to individuals injured in the course of their job. Before workers’ compensation laws were passed, compensation for on the job injuries were settled through lawsuits which...

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What are the possible outcomes of an appeal?

The appeal is not simply another trial before a new judge. It is a legal argument presented to a panel of appellate judges on issues of law. Therefore, the appellate court won’t issue a “guilty” or “not guilty” verdict or find for one party over the other. The...

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How much of my time will an appeal take?

For you, the client, the appeal takes very little time. As there is no need to prepare you for trial or to determine the facts of the case, you may not have to dedicate any time to the appeal at all.

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What if you didn’t represent me at trial?

You can have a different attorney represent you in your appeal than you did at trial. An appeal is very different than a trial and requires a different set of skills. The research and writing component of an appeal is extremely time-consuming. There is also a...

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How is an appeal different from my trial?

An appeal differs significantly from a trial or administrative hearing. The evidence presented and findings of fact made by the trial court are generally upheld. An appeal is decided on procedural and legal issues. An appeal is not a second chance to put on your case;...

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What is appellate advocacy?

If you do not win your case at trial, you may have grounds to appeal the decision to a higher court which can review the trial court’s decision for certain legal or procedural errors. The attorney who represents you in your appeal is your appellate advocate and will...

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What is an appeal?

Cases start in trial court; that is where the trial is conducted and a verdict is reached either by the judge or by a jury. An appeal is something that only happens after there has been a trial. If one side or the other thinks that the trial judge made a legal error...

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What damages can be awarded in a survivor claim?

The estate of the deceased can seek to include economic damages for the fair and reasonable medical expenses which were incurred by the deceased, the loss of earnings from the time of injury to the time of death and funeral expenses up to $5,000; and noneconomic...

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What is a survivor claim?

A survivor claim is brought on behalf of the deceased to recover damages for injuries suffered by the victim. In a survivor claim, damages are measured in terms of harm to the actual victim.

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Who can bring a wrongful death claim?

Only a child, a parent or a spouse of the deceased may bring a wrongful death claim. If there are no surviving beneficiaries, a secondary beneficiary may be able to recover, but only under certain limited circumstances. Go from "Who can Bring a Wrongful Death Claim?"...

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What is a wrongful death claim?

A wrongful death claim is brought by the decedent’s relatives and seeks compensation for the victim’s wrongful death. It seeks to compensate the family for the loss of the victim's life and his or her companionship, love, and financial support that the family would...

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Do I need a copy of my medical records?

Yes. In order to bring a medical malpractice claim, it is important for you and your attorney to have your medical records. The qualified witness will also review these records to understand the nature of your injury and to judge your health care provider’s actions...

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How do I prove my medical malpractice claim?

In order to prove your claim in court, you will need a medical professional to testify and establish the medical standard of care for treating a patient with similar injuries. The expert must also testify that your injuries would not have occurred if your healthcare...

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How do I bring a medical malpractice suit?

Before your lawyer can file a medical malpractice claim on your behalf in court, your lawyer must first file a claim with the Maryland Health Claims Arbitration Office. Within ninety (90) days of filing that claim, your attorney must file a certificate of merit from a...

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What is medical malpractice?

Medical malpractice is negligence in a health care setting. More specifically, medical malpractice occurs when a health care provider (usually a doctor, nurse, or hospital) fails to meet the standard of care in the area in which the medical professional practices. In...

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Who pays the attorney?

If you hire a lawyer, the Commission will calculate the attorney’s fees. If an award is made to you, the fee will be deducted from your awards and paid separately by the employer or insurance company to the attorney.

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Can my employer oppose my claim?

Yes, your employer or their insurance carrier may oppose your claim for benefits. If they do, they may contact you directly, but they must inform the Commission and state their objections or issues in writing. If your claim is contested, it will be scheduled for a...

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How do I file a claim?

If you have suffered a compensable injury, you may file a claim with the Workers’ Compensation Commission by filling out an Employee Claim Form and then mailing it to the Workers’ Compensation Commission. If you contact one of our personal injury attorneys before...

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What should I do if I am in an auto accident?

Call 911 and advise them you have been involved in an accident.  They will contact the police and, if necessary, an ambulance. Exchange insurance information with the other driver.  Make sure that you obtain all of the relevant information from the other driver(s). ...

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How long do I have to bring my case?

You must file your suit within the statute of limitations, a specific time period within which the law allows you to bring claims for certain injuries and grievances. Generally, in Maryland, you have three (3) years from the date of the accident to bring your claim....

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How much time will this take?

That depends. After the initial meeting with your attorney, where the attorney will collect all the facts about the case, you won’t have to commit too much time while your attorney attempts to negotiate an appropriate settlement. If the case does not settle, but goes...

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How much will I get for my case?

The value of any claim, that is, how much you may recover or be awarded, varies from case to case. The specific facts of each case are vitally important in determining what the case may be worth. Predicting the trial value of a case is even more difficult, as the...

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What if my medical bills were paid for by my insurance?

In Maryland, you are generally entitled to claim your medical bills as damages, even if they have been paid by insurance. The same rule applies to lost wages: you are generally entitled to compensation for lost wages as a result of your injury, even if your employer...

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Who pays the damages?

Generally, in personal injury cases, the at-fault party’s insurance company will pay any damages offered to you in settlement or awarded by a jury. If the at-fault party does not have insurance, or their insurance is insufficient to pay your damages, your insurance...

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What can I get damages for?

The damages you can recover include, but are not limited to, medical bills incurred in the past; medical expenses reasonably probable to be incurred in the future; the loss of earnings and/or earning capacity incurred in the past; the loss of earnings and/or earning...

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What is negligence?

Someone is negligent when they fail to exercise the same amount of care that a reasonably prudent person would exercise in similar circumstances. In the legal world, negligence represents a harm that was caused by carelessness. In Maryland, in order to prove to a...

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What is tenancy by the entirety?

Tenancy by the entirety is a type of joint tenancy of property that provides extra protections for married persons. If a husband and wife own real property, Maryland law presumes a tenancy by the entirety unless the deed states otherwise. However, creation of the...

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Who can claim the student interest deduction?

A taxpayer who paid interest on a student loan may be able to claim a tax deduction up to $2,500. The deduction is phased out for individuals filing single tax returns with income of $65,000, and for couples filing joint tax returns with income of $130,000. However,...

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Who can claim the savings bond interest exclusion?

A person who cashed Series EE or I U.S. Savings bonds issued after 1989 may be able to exclude all or part of the interest on the bonds from their income. To take the exclusion on qualified Savings Bonds, one must: 1) have paid “qualified” higher education expenses...

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Who can claim the Hope or Learning credits?

A taxpayer who incurs qualified higher education expenses for themselves, a spouse or dependent child may be able to claim the Hope Scholarship Credit or the Lifetime Learning Credit. The Hope Scholarship Credit is up to $1,500 (plus cost-of-living adjustments) per...

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Who can claim the earned income tax credit?

The earned income tax credit is a refund that can be claimed by certain low-income individuals who have earned income from employment. If married filing jointly, earned income and adjusted gross income must be under $33,030 with one “qualifying” child (as defined by...

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Who can claim the dependency exemption?

Under federal law, the custodial parent is entitled to claim the dependency exemption on their tax returns, absent an agreement or Court Order to transfer the exemption to the non-custodial parent. The custodial parent may still claim head of household, earned income...

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Who can claim the child tax credit?

The parent who claims the dependency exemption for a child under age 17 is entitled to claim the child tax credit. Until 2008, the credit will be $700; in 2009, $800 and; in 2010, and thereafter, $1,000. However, the child tax credit is phased out for taxpayers with...

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Who can claim the child care credit?

Under federal law, the child care credit may be claimed on either a joint tax return or on a separate return by a person eligible as “Head of Household.” The child care credit provides tax credits based on income levels for employment-related child care expenses up to...

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Who can claim the adoption credit?

A taxpayer who adopts an eligible child can claim a tax credit up to $10,000 per child for qualified adoption expenses, plus cost-of-living adjustments. An “eligible child” includes any person who is under age 18, is physically or mentally incapable of self care or is...

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Who is responsible for a child’s uninsured medical expenses?

Typically in Maryland, the custodial parent is responsible for payment of a minor child’s uninsured medical expenses (e.g. co-payments or deductibles) from child support paid by the non-custodial parent. However, if the child’s uninsured medical expenses are “extraordinary,” …

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Can the Court require health insurance for a spouse?

Yes, in Maryland the Court can require one spouse to continue or reinstate (if cancelled) the other spouse on their group health insurance policy. A spouse can usually be included under a group health insurance policy until the date of the parties’ divorce. Upon...

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