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Last week, the Baltimore City Department of Transportation announced that it is pushing its chips to the center of the table when it comes to speed and red light cameras.

Baltimore has a program called the City’s Automated Traffic Violation Enforcement System (ATVES).  Not so much to me because I’ve seen too many people’s lives ruined by speed and running red lights, but ATVES sounds very Orwellian to many Baltimore City drivers. ATVES is in charge of the automated speed trap and red light enforcement cameras in Baltimore City.

ATVES also does something that troubles people less, particularly those who have seen truck accident statistics in this country. It has a Commercial Vehicle Height Monitoring System Camera Program to enforce violations of commercial vehicles traveling on truck restricted roadways in Baltimore City.  We got a million dollar verdict in a case a few years back in no small measure because the jury was annoyed that the truck was in a place that it clearly should not have been.   This system definitely uses some bring brother technology,  using the truck’s height to determine whether the vehicle is over ¾ of a ton).

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A Cesarean section, commonly called a “C-section”, is often performed when the baby or the mother is in distress. A C-section enables a doctor to remove the infant immediately in order to prevent an injury and then allows the doctor to provide treatment as soon as possible. Sometimes, however, there may be a delay in performing a needed c-section.

The standard of care when delivering a baby requires the obstetrician or midwife to correctly assess the fetal monitor tracings and to recognize any non-reassuring patterns. If the baby is in trouble, doctors need to take action quickly. A timely performed C-section is often the best path to protecting the child from a loss of oxygen that can lead to a brain injury or death.

There is some debate among obstetricians as to when a C-section is appropriate.  There is no dispute that the standard of care calls for cesarean sections in many cases, including, repeat C-sections,  multiple births, a labor and delivery which is expected to be challenging, when the child’s expected size is disproportionate to the mother’s pelvis, uterine tumor obstructions, or breech or transverse presentation of the neonate. Obstetricians also agree that there are cases of fetal distress or maternal disorders that mandate a C-section.

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Hypoxic-Ischemic perinatal encephalopathy (“HIE” for short) is loss of oxygen to the brain. In slightly less than half of the cases, HIE can cause death or brain injuries.

What Causes HIE?

Obviously, the brain is the key to neurological function. The brain commands and controls all of our essential actions and reactions. This includes sending messages via neurotransmitters to control all of a person’s essential cognitive and physical functions. The brain is fed by blood and oxygen. All of our brains, especially the fetal brain in particular, are highly dependent on blood and oxygen to survive. If the fetal brain is deprived of blood and oxygen for a sufficient amount of time, it becomes permanently damaged by hypoxia and ischemia. Not only does the brain need oxygen, but the cells need oxygen too. Some birth injury cases (we are handling one now) involve damage to other vital organs that have suffered irreparable injury from lack of oxygen during the birthing process. Without oxygen, the vital cells in the brain and other organs shut down. To make matters worse, dead cells give off toxins which are called cytokines and which cause additional injuries above and beyond the ischemic injury initially caused by the lack of oxygen. The amount of time that the brain is deprived of oxygen is critical to the baby’s outcome. If the child’s brain is deprived of blood and oxygen for an extended period of time, 15 minutes is the amount of time often mentioned, then the brain becomes permanently damaged. The result is a brain that cannot provide normal neurological function, meaning that the person with the brain injury loses the mental and physical abilities to move, think, and live the way their DNA intended. The result in some cases could be cerebral palsy, spastic quadriplegia, seizures, epilepsy, and/or developmental and cognitive delays.
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trial testimony preparationThe most important part of a personal injury trial is the plaintiff’s testimony.  Specifically, the most critical part of a trial is the personal injury plaintiff’s direct examination.  If it doesn’t go well when you are in total control of the process and the facts, it will be nearly impossible to get a favorable damages award. We believe in thoroughly preparing the plaintiff to testify, both on direct and cross-examination.  I would not be surprised to learn that our firm spends more time on direct examination preparation than any firm in Maryland.

Witness preparation is a broad term that covers any communication between a lawyer and a prospective witness done to get the most favorable possible substance or presentation of trial testimony.  It also helps the lawyer know precisely what the witness will say on direct examination.

By the time the trial draws near, most experienced personal injury lawyers will have a pretty good idea of what’s out there as far as potential cross-examination material. This comes from a variety of sources: interrogatory answers, medical records, deposition testimony, prior medical history, etc.  But you really do not know what someone will say until they tell you what they will say.  And, as experienced trial lawyers know, even then you are still not entirely sure what will come out of the witness’ mouth.

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personal injury clients social mediaYou know what’s funny about stuff you post on the internet? It’s public, and that means people can see it. This includes those you would rather not see it. For example, if you are a disability claimant, you may want to forego that chance to post a video on YouTube of yourself half-naked, covered in tin foil, breakdancing to “Magic Carpet Ride.” Once somebody sees it, you could have a problem with your total disability claim.

This is also very important for people who are making a personal injury claim. Nowadays just about everybody has some form of social media account, and just about all of them give the user the ability to post pictures or videos.

As a personal injury lawyer, increasingly I am seeing defense attorneys checking my clients out on the web, including social media accounts. Defense attorneys also seek access to these accounts in discovery. I always object to producing social media login information, and so far I have not yet had anyone take the issue before a judge.  Even posts without pictures that describe what you are doing or how you are feeling can be easily taken out of context.

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Certainly, given their preference, plaintiffs’ lawyer will choose PG County or Baltimore City as the venue for almost any Maryland accident case.

If our case is not in Baltimore, we want to be in P.G County if I have a Maryland traffic accident case.

The difference cannot be understated.  There are other differences unrelated to the harm caused that make a difference like the type of case (e.g., auto versus malpractice), the likability of the parties, and whether the defendant is a person or a corporation or hospital.  But if you could have the same case in Prince George’s County or the Eastern Shore, there are some cases where the trial value of the claim might be worth twice as much.

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baltimore police cooperation accident casesAnybody who has seen the fantastic HBO series The Wire knows that the Baltimore Police have more than enough to do. Even with the recent drop in Baltimore’s murder rate, our police are still very busy.  The problem is not that they are offended by a subpoena.

This can cause problems for Baltimore injury lawyers who need police officers to appear in court for trials of injury cases. Because of the crushing workload these officers face, it can be difficult to contact them to serve a subpoena or to arrange for testimony.

Best Way to Get a Police Officer to Your Trial

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Recently I was contacted by a very nice lady who was looking for an injury lawyer to handle a case involving the wrongful death of a family member in a Baltimore nursing home.

baltimore nursing home malpracticeWe handle a lot of nursing home cases and this call was very typical.  We get a lot of calls on nursing home cases, particularly when a serious injury or death is involved. It’s normal for a traumatic event like this to leave grief-stricken family members looking for answers.  In nursing home negligence claims, surviving family members call because they see the care at the nursing home.  In many of them, the care provided is awful.  Then, their mother/father/wife/husband/brother/sister dies.  They are calling to see if two plus two equals four.  Quite often, it does.

In this case, the caller was herself a licensed nurse-practitioner who had very specific information about exactly what she believed was done wrong. This is unusual simply because she had specialized knowledge that the average person would not.

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Experienced truck accident lawyers know that when beginning to investigate a new matter, it is extremely important to hit the ground running. Why? Because the moment the client signs the retainer, you are already behind. Most likely, you are significantly behind.

Why? Because the trucking company and its’ defense team had a head start. The lawyers who defend trucking companies with regularity have a 24-hour crash line (ok, an associate with a cell phone) for the company to call immediately after the crash. As soon as dispatch knows there has been an accident, they call the number. Once the lawyer gets the call, they hustle to get somebody out to the scene. They call a reconstructionist who will be able to get there while the evidence is fresh and undisturbed. They get the vehicles and the scene photographed, and they get an investigator moving to obtain statements from the witnesses. This has all most likely happened before the injured person even thinks to call a lawyer.

On the other side, let’s assume the accident victim is badly injured. He’s in the hospital for two weeks. After he stabilizes, he begins the search for a personal injury lawyer. After talking with a few lawyers, he takes another week to decide which one he likes best and to sign a retainer. At that point, the lawyer has only had a client to represent for 5 minutes, and he’s already 3 weeks behind the defense in his investigation.

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I just reached a settlement in a case that was set for trial next week. Obviously that is great news for my client, who now has some closure on a difficult period in his life. But memorializing the agreement and having the clerk remove the case from the docket doesn’t mean the end of my job when it comes to settlement.

I had subpoenaed three witnesses to appear for trial: an independent “bystander” witness, a traffic engineer from the State Highway Administration, and a police officer. I made sure to contact each of these witnesses as soon as the case resolved to let them know they would not need to appear. They really appreciated that I let them know. The traffic engineer in particular made it a point to let me know how often attorneys subpoena witnesses from his office and then do not let them know when the case settles. Then they travel to court for nothing.

I can’t believe that. It’s just unprofessional, and arguably violates Md. Rule 2-510(h), which states that “[a] party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or cost on a person subject to the subpoena.” As far as I’m concerned, not telling a witness under subpoena that the case settled and they don’t have to appear causes the witness “undue burden or cost.”

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