Maryland Personal Injury Blog

Join Us on Facebook & Twitter

Sun, 21 Mar 2010 16:26:00-0400

Ingerman & Horwitz are now on both Twitter & Facebook. We invite you to join us and keep up to date on the latest news. Follow us on Twitter and Facebook.

Bad Weather Driving

Mon, 01 Mar 2010 01:50:00-0400

As we all know, the weather is forever changing. As the weather conditions change, the road conditions change right along with it. Anything including rain, fog, snow and ice can impair our vision, change the way your car handles on the road, and there is an increased risk for accidents. When the bad weather hits, a little extra caution is sometimes all you need to get to wherever your going safely. When extreme weather hits, sometimes it is best to just stay home, unless you absolutely have to be on the roads. A good rule is when bad weather hits, going slow enough to give yourself time to stop.

Rain
When it rains we normally do not think about how dangerous the roads can actually be. When driving in the rain you should keep your tires inflated to the right pressure. Also be sure that you have enough tread. Keep your lights and defroster on. Do you best to steer clear of puddles, they could hide potholes. If you happen to hydroplane do not steer or break. You should let off the gas easily until you can feel your tires back on the road again. Try to stay clear of flooded roads. If the storm is severe, stay away from things that could fall on your car, like trees and power lines.

Snow and Ice
Most people do not like to drive out in the snow. If you have to, be sure your tires are inflated to the right pressure. Also be sure that there is enough tread on your tires. Get all the ice or snow off of your car before heading out. When on the road, give yourself three times the stopping distance you would normally need. Try your best to avoid slamming on your brakes, this could cause you to slip and slide. If you don't have ABS brakes, and find yourself skidding off the road, you should pump your brakes until you stop skidding. Be careful on bridges, because they tend to freeze over first.

Fog
When there is fog out, be sure to use your low beam lights. If you see a patch of fog ahead of you, be sure to slow down before you get to it. You should have your windshield wipers and your defroster on. Roll down your window and listen for potential traffic that you may not be able to see.

Safer Tractor Trailer Driving Is Needed

Mon, 01 Mar 2010 01:41:00-0400

Driving a tractor trailer truck can be very dangerous. These trucks are quite large and carry thousands of pounds in cargo. This can make them difficult to handle and maneuver while driving.

According to statistics, there are over four hundred and fifty thousand tractor trailer related accidents every year in the United States. Approximately five thousand people died from these crashes per year and another one hundred and twenty thousand people are injured. Here are some ways to be safer while driving a tractor trailer truck.

When driving a tractor trailer it is very important to be as rested as possible. By law, a tractor trailer truck driver cannot drive more than ten hours without resting. If you become tired, then pull over at the nearest restaurant and get some coffee or tea to help you wake up. Driver fatigue is the cause of many accidents so it is important to do things that help you stay awake. Listening to music, communicating with other drivers via radio, and making sure to stay fully hydrated are very beneficial to combating fatigue.

Having a well maintained tractor trailer is very important to stay safe while traveling long distances on the road. Always have your truck looked at if it is making noise or the truck does not seem to be running right. Breaking down in the middle of the road can be very dangerous and cause accidents and traffic buildups to occur.

Watch your load size. It is against the law for tractor trailer drivers to take on too large of a load. Drivers must have their loads weighed at various weigh stations across the United States. If their load is overweight then they will get fined and might not be able to get their load to the intended destination.

By installing large reflectors on your tractor trailer helps to alert passing motorists and pedestrians that you are driving a tractor trailer. Many motorists do not see tractor trailers while they are taking a corner until it is too late. Tractor trailer drivers are much more likely than regular motorists to survive this type of collision. This is because the truck sits up much higher than a typical car or truck. The reflectors allow car headlights to more easily see that a tractor trailer truck is around them.

Many people have been victims of tractor trailer related accidents. If you are a victim and think that the accident was caused by fatigue, negligence, or any other valid legal reason then you should contact our law firm. Please contact our law firm for a free case evaluation.

Burn Injury Resources

Mon, 15 Feb 2010 21:54:00-0400

A collection of resources and links from our burn injury lawyer blog.

Continue reading more by visiting our Maryland burn injury lawyer blog.

Michael A. Epstein voted a SuperLawyer

Wed, 02 Dec 2009 18:53:00-0400

Congratulations to Michael A. Epstein for being voted a SuperLawyer!

Has your Workers' Compensation claim been denied?

Thu, 15 Oct 2009 02:16:00-0400

When you have been injured on the job and are unable to return to work, you may be faced with many difficulties. There is the injury itself that is causing you physical pain and additionally, the loss of income can lead to mounting bills that can quickly become overwhelming, adding a great deal of emotional stress to your physical pain. Then having to file for workers compensation benefits, only to be denied. The strain of exhausting the one chance you have at getting an income during this trying time can be unbearable.

Stress can be incredibly detrimental to your health. Constant worry about bills piling up and how you will get the money to pay them can impede the recovery process, regardless of what type of injury that you have. Instead of adding this type of pressure to yourself as you are trying to deal with your injury, there is a lot of help available to assist you through this often complicated process.

The number of workers compensation claims each year in Maryland reaches well over 40,000. If you're clain is denied, do not lose faith. Many workers compensation claims are rejected each year the first time around. The rules and laws regarding workers compensation claims can be very confusing to the average person, so it is in your best interest to seek legal help to ensure that your claim is given the proper consideration.

Ingerman & Horwitz are workers compensation lawyers helping injured victims in Maryland. If you have been denied benefits, you can speak to our law firm for a free case evaluation. We can help you get what your case is worth. Many times a claim may be denied when the injured victim cannot work.

While you need to be concentrating on your health and recovery, you should find a legal professional that can help you through the process of filing a workers compensation claim. There is too much at stake for you to try to figure out the paperwork as you go along. Any missing information can cause a delay, or many times a denial of your claim. A denial can lead you to a long and drawn out process of appealing the decision. While they are picking apart your application making sure all of your I’s are dotted and T’s are crossed, you are left suffering from your injury and from the terrible strain of the financial repercussions of lost income.

This is a situation in which you should seek the help of a lawyer that specializes in workers compensation claims. You need to be able to concentrate on your medical issues without the worries of paperwork that could make or break you financially. Our workers compensation lawyers are available to assist you with paperwork and red tape associated with a workers compensation claim.

Finding yourself in need of workers compensation benefits can leave you in a traumatic position that goes well beyond your injury. We have the expertise to give you the edge that you need to get the compensation you are entitled to. It is easier than you might think to give yourself the best possible chance for success by finding the professional help you need to get your claim approved. Click here for a free case evaluation. Our law firm does not charge a fee unless we win for you.

Workers' Compensation Information Updated

Fri, 24 Jul 2009 00:48:00-0400

We have recently updated our Workers' Compensation page on our firm web site. Information features two new articles:

For additional information on workers compensation or any one of our other areas of practice - please contact our firm today.

Seeking a second medical opinion regarding Workers' Compensation

Wed, 20 May 2009 00:48:00-0400

The rules and laws governing workers' compensation can be positively baffling and incredibly difficult to navigate. Many people who are injured on the job quickly learn this if they decide to try and represent themselves. Especially in the state of Maryland. There are no simple solutions to any aspect of workers' compensation. It is essential that you seek the help of a professional, qualified attorney in the event of a work related injury.

If you are injured on the job, you will most likely be examined by an insurance company doctor. When a claim is established, this documents a proper medical record regarding the sustained injuries. You may also want to be examined by an additional doctor. Reasons would be: you do not trust the qualifications of the insurance company doctor; you have a family doctor of whom you are more comfortable; you disagree with the opinion rendered by the insurance company doctor.

Like many aspects of Maryland workers' compensation law, there is not a hard, fast rule regarding seeking a second opinion after being examined by an insurance company doctor. While you do have the right to seek a second opinion, after an insurance company doctor examination, there is not a guarantee, should their opinions conflict, your doctor's opinion will win. The employer also has the right to have you examined by a doctor of their choice.

Because this is such an uncertain situation, it is imperative to find a qualified lawyer to help you and represent you in your Maryland workers' compensation case. Our law firm provides knowledable professional attorneys regarding workers' compensation and your rights. Should you be injured on the job, there is no question that adequate legal representation is of key importance.

Our lawyers can advise the proper course of action should you decide to seek the opinion of a different doctor. We can help ensure that your rights are protected through every step of the workers' compensation determination process. Unrepresented injured workers in Maryland run the risk of having their claims denied and not having their best interests protected. Not all attorney's in Maryland have expertise regarding plaintiff workers' compensation law.

By hiring our law firm regarding your workers' compensation claim, you can rest assured your case is in the best possible hands. Protect your rights, if you are injured on the job, give our office a call.

Resources for Safety are a Click Away

Tue, 20 Jan 2009 17:09:00-0400

It does not matter how long you have been a practicing lawyer—you’re always on the lookout for new sources of safety information. Whether representing workers or consumers, personal injury lawyers must keep abreast of the state of the art of safety. We want our clients to be informed as well.

A place to start is right under our collective noses. The Chesapeake Region Safety Council, a chapter of the National Safety Council, provides the safety training and education to save lives and reduce disabling injuries in Maryland, Delaware and the Greater Washington D.C. area. Each year it trains more than 15,000 people in proven safety practices.

Over 800 employers rely on this group to teach them practices to protect workers and customers from accidental injury and death. Chances are if they teach it, it’s a standard of care that we can use in court.

While CRSC members have greater access to safety data than the general public, the CRSC website does provide a good starting point for research, even for nonmembers. It offers safety sheets on a number of topics. There are also many useful links to other websites. For example, the link to the federal Occupational Safety & Health Administration, or OSHA, offers information on many topics of interest to workers and their families, such as this mini-site devoted to teen workers. The SRSC also links to national safety organizations, state safety agencies and other injury prevention groups.

Among the links on the CRSC site is one to Maryland’s Injured Worker’s Insurance Fund. Although the IWIF site is directed to employers, the general public can use the site, too. There, one can find an even greater wealth of safety sheets setting forth in plain English (and Spanish) good practices on many subjects, such as ladder safety, dealing with ice, driving safely, and power tool safety. There are many more. IWIF’s safety sheets set forth standard practices in many areas, and are a great place for us as personal injury lawyers to start as we evaluate and prepare your case. They also make nice trial exhibits.

Real Property Disputes: Real Headaches. Thank Goodness for Free Answers.

Wed, 14 Jan 2009 00:17:00-0400

Six opinions have issued from Maryland’s appellate courts so far this year, see here, and four of them involve crises over real property. One involves lead paint poisoning; another involves a nasty dispute with a trespassing landlord. Two more involve foreclosures. All of which goes to show that nothing gets under our skin like a dispute over the homes we live in and the condition of property owned by others.

None of these cases originated in 2008. Three each are from 2006 and 2007, which gives you an idea how long it takes to get through the trial court and obtain appellate resolution. The age of the cases makes it even more interesting that two-thirds of them involve real property in distress.

Perhaps you've seen a house in your own neighborhood with a “Bank Owned” for sale sign on it, and you've been wondering how long the bank has owned it. (By the way, is that little notation supposed to entice us or frighten us? I have never been sure.)

Or perhaps you have been wondering what your neighbor paid for that big house up on the corner. And are the houses still selling in your area? Are the values holding?

Maybe your house backs up to a commercial property that has been driving you crazy because every time it rains, your yard either gets flooded with the debris from their overflowing trash bins, or, your soil is becoming eroded, because of the inadequately managed runoff from their parking lot. Gosh darn it, who actually owns that place?

I’ll let you in on a little personal injury lawyers’ secret. Actually it is not a secret. We lawyers have been doing this for years, but in the old days we had to get a clerk to call this agency on the telephone or even go there in person to access the information. Either way you had to wait in a long line. No more.

What’s the secret? Online public records, that's what. It's a useful website anyone can access, and in an instant, anyone can locate owners of real property, or look up historical real estate sales.

Here’s how it works.

Go to the website for the Maryland State Department of Assessments and Taxation, here. At the top of the middle column, click on the link for Real Property Data Search, which opens a terrific search page. In moments you can learn who owns the property you are interested in. Also available is the assessed value and history of relevant property sales. Choose whichever option appears to you. You can locate property owners anywhere in Maryland, ascertain what they paid for their property, and compare values to all of the other houses on the street.

And if you go out for your mail and get bitten by the German shepherd owned by that guy with the un-mufflered pickup truck on the next street over, well, it’s useful for tracking that guy's landlord down, too.

As they say, it’s your tax dollars at work.

The Proof is in the... Medical Records.

Fri, 09 Jan 2009 20:54:00-0400

You’ve made our appointment. You’ve signed our papers. You’ve told us the story of your case. Good to go? No, not yet. We need the medical records.

We need to know what your doctor said, and what you told him, as reflected in his notes. And we want to know his opinion of what ails you and why, and we want to know when he says you are well enough to return to work. What he says about your need for future surgery. We need it from the horse’s mouth.

Your testimony is important, but in most instances, the case will be won or lost by the evidence in your medical chart, and what the medical experts have to say about it.

For example, a patient may claim his doctor failed to diagnose an illness until irreversible harm took place. Or that the doctor failed to order a crucial diagnostic test. On the other hand, the doctor claims the test was ordered, or that the patient ignored his own symptoms. Perhaps the patient says an injury was caused by the accident, but the records disclose that the patient complained of these same symptoms six months before the date of the crash.

How does a jury decide who is right? Answer: the medical records. A contemporaneous record of what happened, created the way medical records are typically made, has more chance of swaying the jury than something contrary that is said in court after the fact.

It’s not impossible for a health care provider to alter records, but it’s a dangerous tactic and we have ways to expose this. Forging medical records is therefore the exception, not the rule.

How do we get your records? Sometimes we may ask you to get them. Other times, we obtain them on your behalf, using a formal request letter and your written consent. Or we may simply walk in the door with an authorization in hand. Regardless of the approach, we comply with two sets of privacy laws–state and federal.

Understanding these laws, and how they affect our right to collect your records, is not as complicated as it sounds. While charts like this one highlight the legal complexities, for the most part, armed with the right piece of paper, we won’t have trouble gathering relevant portions of your chart.

Adopted in 2003, the HIPAA Privacy Rule created new national standards, giving patients more control over their health data and helping protect patient privacy. For basic info about the federal law, see http://www.hhs.gov/hipaafaq/about/187.html. For the more practical aspects of obtaining your records in Maryland, see http://www.oag.state.md.us/consumer/edge88.htm.

Requesting one’s own records is commonplace today. Don’t be nervous about it. In general, all that is needed is for the patient to provide written authorization that is signed and dated, identifies whose records are requested and to whom they are to be provided, and specifies how long the authorization is effective (up to one year). In many instances, health care providers have their own forms for patients to sign, and they can provide this form to you when the records request is made.

In 2009, no one will challenge your right of access, or demand to know why you want the records before releasing them. And no one will say “no” on the basis that they haven’t been paid for their medical services. Finally, they are not allowed to charge you an exorbitant copying or delivery fee. If they do any of these things, or otherwise try to say no to your request for data that is legally yours to obtain… well… you know who to contact.

Did the Holidays Make You Sick?

Tue, 06 Jan 2009 21:32:00-0400

During the holidays many of us consume catered party food, or eat out in malls and restaurants more often than usual. Who should you call if the food makes you sick?

First, consider calling the Maryland Poison Center at (800) 222-1222. The MPC provides poison treatment and prevention services to all Marylanders. It’s staffed round the clock by pharmacists and nurses with specialized training in toxicology, a specialty that includes food-borne illnesses.

In addition, in Baltimore City, dial 311, and report the occurrence to the Bureau of Food Control. This agency, run by the Baltimore Health Department, oversees more than 5,000 food facilities to ensure compliance with state and local food safety regulations. They inspect City restaurants, markets, bakeries, mobile food preparation vehicles, and caterers. Ask for a copy of your case report, and make note of the date, time, and substance of your initial phone call. You can even file a report online, using the Baltimore CitiTrack Service Request System. Make a printout of your report. Follow up with the Health Department to see what happens to your complaint. Most importantly, call to report your illness as soon as possible.

Lists of food establishments recently closed by the Baltimore City Health Department are available online, but unfortunately, these reports are several months out of date. Nevertheless, you can check through these postings to see whether your illness came from eating food sold to you by a previous “food safety offender.”

In addition, you can click here for a map of facilities closed for food safety or other reasons by the Baltimore City Health Department. (See sample above.)

A Google map connecting you to the full text of inspections conducted by the Howard County Health Department is also available. Other counties have similar reporting services.

An overview of food poisoning, including the various types, their causes, symptoms and much more, is available in this University of Maryland article. Yes, these are the same folks who run the Maryland Poison Control Center, and they’ve also posted some seasonal poison prevention advice.

Finally, if your illness is severe enough to require medical intervention, consider legal representation. In general, a food poisoning case requires evidence of three things:

(1) The vendor failed to exercise due care with respect to the preparation or handling of the food item;

(2) This lack of due care caused the specific harm you suffered; and

(3) Real injuries resulted from eating the contaminated food.

In other words, if negligent food handling led you to eat contaminated food that made you physically ill from the specific contaminant that was present in this food, you probably have a case.

If you have suffered injuries as a result of eating contaminated food, the personal injury attorneys at Ingerman & Horwitz will evaluate your claim without cost to you. Just contact us.

Slow Down, Move Over--Or Else

Fri, 14 Nov 2008 15:57:00-0400

Heads up, Marylanders! We’re surrounded by states that have steer clear laws, with stiff penalties for violation. Ignorance of these laws is no excuse.

“What’s a steer clear law?” you may say.

Not all states have this law, but in these surrounding jurisdictions, Delaware, Pennsylvania, Virginia and West Virginia, there are laws requiring drivers to slow down and move over a lane, if possible, when passing a stopped police or other emergency vehicle. Break these laws and you can even go to jail! The precise language and penalty varies from state to state, so check out the hyperlinks for specifics.

Marylanders may not know these laws exist, because Maryland and the District of Columbia are among the dwindling number of holdouts. To date, 43 states have passed steer clear laws. (This chart is helpful, but some of the links are dead.) States enacting these laws have publicized them widely, but there has been little or no fanfare about them here in Maryland.

A version of the law was introduced in Maryland earliy in 2008, but unfortunately, House Bill 131 failed to move forward in time and died by the time the session ended. Sponsored by Delegate Frank Conaway, Jr. (D., Balto.), the measure would have required drivers to maintain a safe distance and to reduce speed before passing emergency vehicles parked by the road with their lights flashing. It also required drivers to move a lane away from the emergency vehicle, if practical, assuming there is another same-direction lane to shift into. Otherwise, drivers must slow to a speed “that is sufficient to ensure the safety” of police and other nearby first responders.

Failure to obey the statute would have resulted in a $75 fine, which is quite mild, compared to versions of this law that have passed in other states. Look for the proposal to be re-introduced in 2009.

If you do some interstate driving, especially over the holidays, you must know about these statutes, which are also known as slow down, move over laws. Some versions of the law make you slow down and move over for tow trucks as well as for police and other first responders.

Even without such a law in Maryland (or for that matter, the District of Columbia), and even without specific advice to this effect in the Maryland Driver’s Handbook, it’s a good habit to slow down and steer clear of stopped, standing or parked police and emergency vehicles. No matter what state you’re driving in, why risk lives when it’s so easy to be safe?

Raise Your Right Hand ...

Tue, 11 Nov 2008 00:53:00-0400

No, we’re not in court yet. It's your deposition, but it’s every bit as important.

We’ve answered the interrogatories. (See Ugh. Interrogatories.) Now they want to ask you questions in person, under oath. That's what a deposition is. How does it work?

First of all, relax! Your personal injury lawyer will sit next to you to make sure things proceed as they should. Is there a document you should be looking at, in order to answer a question? Your personal injury lawyer will make sure you have a copy in front of you. Is opposing counsel being overly repetitive or asking questions she shouldn’t? Your personal injury lawyer will stop them.

A deposition is not a trial, but you still need to tell the truth. It seems like court because the lawyers for both sides are present and you are sworn in by a court reporter. As in court, there may be objections and legal discussions between the lawyers--while you’re patiently wondering what the fuss is about--but you’re sitting in a law office, not a court room. There’s no judge up front saying “sustained” or “overruled.” Meanwhile, as in court, you’re not supposed to talk until it’s your turn to answer a question. Also, as in court, virtually everything is recorded by the court reporter.

If during the deposition there is a dispute, listen carefully to what your own lawyer says. Most likely, you will be required to answer the question. If you’re not supposed to answer, you will be told.

A deposition is a bit like a job interview, with your written interrogatory answers, sent to defense counsel ahead of time, serving as your resume. If anything has changed since you sent in these answers, or something you said earlier now seems a bit wrong, you should ask us to fix it before the deposition takes place, or at least give us time to tell the other side about it on the record before the questioning begins. Meanwhile, you should remain as calm as possible, and stay polite.

If all goes well the questioning lawyer will conclude you’re a strong, credible witness, and will likely be a stellar witness at trial. If you do well at deposition, the conclusion will be that this is a case the insurance company needs to settle. Whether we hope to go to trial or not, we like it when they feel that way.

At Ingerman & Horwitz, we’ll prepare you for deposition, just like we’ll prepare you at every other stage of your case. For more pointers about depositions, see this article on our resources page.

Ugh. Interrogatories.

Sun, 09 Nov 2008 13:29:00-0400

Dear Personal Injury Client: There’s a fat envelope in your mail. The other side has sent us written questions for you to answer. They’re called interrogatories.

Please pay attention! How you respond to these questions is extremely important. You’ll sign your own name to the answers, verifying the accuracy of what is said. The other side can read these answers out loud in court. If you later testify to something different, it could sound like you are lying.

The answers to interrogatory questions require joint effort between attorney and client. Ultimately we’ll type up the answers in the proper format, but having your best information first is crucial.

Interrogatories cover many of the things that are important to proving (and eventually resolving) your case. We’ll be providing not just your personal data, such as your date of birth, past addresses, education and employment history, but also the who-where-when-what-and-how's that support your complaint. Your medical history, including the treatment you’ve received for your injuries. The precise nature of the harm you’ve suffered and the monetary damages we’re claiming. The facts to support each and every legal claim we’ve made. Who our expert witnesses are and the opinions they have. Whether and how your injuries prevent you from working. What we know about the other side’s evidence.

A number of these questions are for us, your personal injury lawyers, to answer. There may even be some we don’t want to answer, and we’ll be in charge of getting any disagreements resolved. But we must act promptly.

So don’t just shove that fat envelope aside. Open it. Work hard to give us all of the information requested. Do call us if you need help. The sooner we send out the answers, the sooner we can get your case resolved. We both want that, right?