In theory, human life is priceless. Under most belief systems, each human life is uniquely created by God and has an intrinsic value that cannot be measured in man’s terms. But when you are talking about a death caused by a negligent driver, often the value of a human life…
Baltimore Injury Lawyer Blog
How “Black Box” Data Is Relevant to a Truck Crash
If you are a truck accident attorney for victims, you have to know how you will deal with the truck’s black box after a crash. It can make a difference between winning and losing the case. What Is a Black Box? Trucking companies often equip their vehicles with a “black…
Medicare Liens
Medicare liens are a topic of concern for most competent personal injury lawyers. It looks like Medicare is set to begin enforcing a federal law requiring reporting on injury claims made by individuals receiving Medicare. Medicaid Liens in Personal Injury Cases Medicaid is a government-funded health insurance plan for low-income…
Maryland Corporate Representative Depositions Under Rule 2-412
I am working on a few cases involving corporate defendants of various sizes. One of the most effective discovery devices around for these kinds of cases is the corporate representative deposition. Md. Rule 2-412 allows a corporation or other organization to be deposed through a designated representative. The federal rule…
Falick v. Hornage: Our Appellate Opinion Win | Expert Witness Financial Bias
Today the Court of Appeals of Maryland issued an opinion addressing the extent to which expert witnesses who are retained solely for litigation may be forced to produce documentation of the amounts they earn providing expert witness services. There are actually two cases, which were consolidated on appeal. The first…
Will Maryland’s Top Court Change Draconian Damages Caps? (No.)
Georgia has a “tort reform” law that limits non-economic damages in medical malpractice cases to an unconscionable $350,000. They also have a state constitution that says that “the right to a trial by jury shall remain inviolate.” The Georgia Supreme Court recently held the cap to be unconstitutional, stating that…
Trial Tips for Maryland UM/UIM Cases
Last week I spent three days trying a car accident case in the Circuit Court for Charles County. There were two defendants- the driver who caused the accident, and my client’s insurance carrier. There was a direct suit against the insurance carrier because the defendant driver had the minimum insurance…
Court of Appeals Considers Expert Witness Bias Discovery
I have been away from the blog for a few days because I have been preparing for an oral argument in the Court of Appeals of Maryland. See, when I ignore you readers it is only because I have been doing big, important lawyer-type things. Yesterday, I argued two consolidated…
Tort Reform Just Helps The Rich Get Richer
I thought this letter to the Baltimore Sun was interesting. Letter writer Andrew Slutkin notes that of the ten highest paying occupations in the Baltimore area, 9 of them are doctors. The only non-doctor position in the top ten is CEO. These are the people crying for tort reform because…
Don’t Let Time, Speed, or Distance Sink Your Case
The way people think and speak about time is a recurring issue in personal injury lawsuits, particularly those involving auto and truck accidents. All drivers are constantly required to judge speed and distance simply to get where they are going. This leads to the perception that drivers and witnesses can…