As a nation, we are concerned with ambulance-chasing lawyers, frivolous lawsuits, and the increased costs of doing business. Much of the dialogue, however, comes from insurance companies, big-business, and soundbyte-seeking media.
Of course, lawmakers get into the act. A North Carolina bill recently proposed limiting lawsuits under certain circumstances, including limits to “a company’s liability if it developed a product under government-approved guidelines.” Interestingly, this would appear to apply to drugs approved by the FDA. Most people believe that the FDA independently researches, studies and evaluates drugs submitted for approval. However, the FDA typically only reviews the research submitted by drug manufacturers, and does not have the resources to perform much more.
Furthermore, the goal of reducing frivolous lawsuits–those lawsuits without merit–would not be realized. Instead, it would reduce all lawsuits in these areas to an absolute zero. A quick review of harmful drugs and devices over the past few years demonstrates that people were truly injured by dangerous drugs–pain pumps, Accutane, Granuflo, Baycol, Rezulin, and Fen Phen, to name a few.
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Value of a Fingertip
Posted on June 08, 2014 in Automobile Accidents
Our firm recently received a referral from another law firm–it was a case that the insurance company would not settle, and the victim believed (rightly so) that her legal claim was higher than the offer.
The injury was a simple one–my client’s right forefinger was hurt in an automobile accident–she was a passenger on a motorcycle, the defendant made a left-hand turn in front of the motorcycle, and a collision predictably occurred. When the motorcycle fell, my client attempted to brace herself, and her finger was injured.
That injury was masked for a couple of weeks in light of more immediate and visible injury to her wrist and hand. However, as the swelling went down in her wrist and hand, she realized that her finger was not right.
The insurance company assigned a value to this claim before we got involved–$5,400. The basis of that value was simple–my client’s medical bills were under $1,500. She went to the preeminent hand specialists in Maryland, but her doctors conclusively stated that there was nothing to be done–she wasn’t a candidate for surgery, and the injury was likely to be permanent.
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Summer of Teen Distracted Driving
Posted on May 26, 2014 in Automobile Accidents
Memorial Day kicks off most dangerous one-third of the year for teen drivers (those from ages 16 to 19. The one hundred days from Memorial to Labor Day are risky-in 2012, there were almost 1,000 people killed in accidents involving teen drivers. Over half of those killed were teens, and this says nothing of injuries.
The reasons seem clear–it is summer, so school is out, teens are driving more frequently, and driving more often in unfamiliar areas. Additionally, teens are less frequently sole occupants of their vehicles–they are often driving with friends, perhaps a more significant source of distracted driving than cell phones. The National Safety Council estimates that passengers increase the risks of crashing by 44% or more.
For us non-teen drivers, it means we should be even more aware while on the road. Inexperienced drivers like teens, particularly distracted teens, have slower reaction times. Aggressive driving near those novices is more likely to result in a crash.
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Maryland Federal Courts
Posted on May 20, 2014 in Automobile Accidents
Each state has at least one United States District Court. Maryland has two–one located Baltimore City (Northern Division), and one in Greenbelt (Southern Division).
Understanding the Federal Courts
The President of the United States appoints federal judges for life, after confirmation by the Senate. The salaries are set–in 2014, they make $199,100, an increase of $5,100 over 2013 (which had been stagnant since 2009). There are other judges called magistrates, who assist the federal judges, and are appointed by the federal district judges. Magistrates often resolve discovery disputes and pre-trial motions. With permission of the parties, they can oversee trials.
One of the best perks of the federal courts is electronic documents. Nearly all documents are filed electronically, and automatically e-mailed to all parties, or their lawyers. This eliminates the need and cost of mailing and printouts, and ensures timely receipt of pleadings and letters. The public can view documents through PACER by typing in the case number. Lawyers and litigants representing themselves can also file documents electronically. Most state courts still require documents to be filed with paper, and the case pleadings must be viewed in person at the courthouse.
Jurors in federal court are typically selected from voter’s registration list and motor vehicle records.
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Maryland Circuit Courts
Posted on May 16, 2014 in Automobile Accidents
Maryland has one circuit courthouse for each of its 24 counties. These are for civil cases, like automobile accidents, where the plaintiff claims $15,000.01 or more. The plaintiff can file a request for a jury trial. If not, the defendant can file the request. Otherwise, the case will be heard by a judge (called a bench trial). Circuit courts have some significant differences, compared to the Maryland district courts.
Discovery
The circuit courts permit expanded discovery compared to the district courts. In the district courts, discovery is typically limited to only 15 written questions per party (called interrogatories). Once exception is small claims cases (valued at $5,000.00 or less), where no discovery is permitted. In the Circuit Courts, litigants can take advantage of:
- Interrogatories: Each party can usually send 30 interrogatories to each other party.
- Requests for production of documents: each party can send as many document requests as they want. In Maryland car accident cases, these usually include requests for accident reports, car photos, insurance contracts, expert reports and other relevant evidence.
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Maryland District Courts
Posted on May 14, 2014 in Automobile Accidents
Most personal injury cases in Maryland go through the Maryland District Courts.
Background
A judge will hear your case if it goes to trial in what is known as a bench trial. There are no jury trials in the District Courts. After a complaint is filed, the court will issue a summons, which must be served (usually by private process or certified mail) on the defendants. When the summons is issued, the court will set a preliminary trial date, which assumes that the defendants are served by a specific deadline. The Plaintiff (the injured party who files the complaint) must serve the summons and complaint, along with any other important documents like written discovery (called interrogatories).
The defendants’ response is usually in the form of a notice of intention to defend, sometimes called an answer. The initial trial date will usually move because of difficulties serving the defendant, or because of scheduling conflicts with the lawyers’ schedules. In most cases, trial ends up being finished by about 4 to 9 months after filing.
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Maryland Courts
Posted on May 11, 2014 in Trial
If you can’t settle your Maryland automobile accident case, where will your lawyer file a lawsuit? We’re going to do a three-part series on the Maryland trial courts, one for every type of court. Your case could be filed in the:
The specific court you and your lawyer choose depends on the value of your legal claim, and some specific details of the case, like where the defendant lives or does business.
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