On our Maryland car accident website, we write about the perils of lawsuit loans in Maryland auto accident cases.
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What if a doctor commits medical malpractice on a patient while treating the patient for injuries from a car accident in Maryland? The driver is liable not only for the plaintiff's direct injuries but also for any additional harm resulting from medical providers rendering aid, regardless of whether the treatment is proper or a negligent manner.
The reasoning behind this Maryland rule is that the at fault driver by his actions put the plaintiff in a position of danger and should be held accountable for the risks inherent in treating the plaintiff's injuries. Of course, the at-fault driver in an auto accident where there is subsequent medical malpractice can bring a claim against the negligent doctor or health care provider for contribution. But I have never seen or heard of this happening.
How do you pick a lawyer for your car accident claim/lawsuit?
First, don't let anyone kid you. While there are a lot of lawyers out there who will take your accident claim that shouldn't be handling car accident cases of any level of complexity, there are a lot of competent Maryland auto accident lawyers who can handle your accident claim.
But the key to finding a quality Maryland accident lawyer is to ask the lawyer the tough questions about their experience. You need to first admit that this task is not as easy as it sounds. I've asked my own treating doctors about their level of experience and qualifications to perform the job. It is not fun and it is no easy. But you really have to suck it up and ask the right questions. Here are three you may want to consider:
- Have you every received a settlement or verdict in excess of $1 million? This question is misleading for lots of reasons but it is still a good question. Why? Accident lawyers who have not handled large cases are more likely to blink the moment that the insurance company makes some thing that approaches a real offer. You may want to feel like your accident lawyer's only client but you don't want to be the lawyer's only client.
- How many cases have you tried in the last few years? Few successful Maryland accident lawyers are trying 10 cases a year. Good lawyers handle good cases and this means a lot of time put into the case before trial and good accident cases, more often than not, settle. But if the lawyer and his/her law firm are only rarely trying cases, it is unlikely they take cases to trial. Even if your goal is to settle your case, you want an accident lawyer who is ready to go to trial (and one the insurance company knows is ready for trial).
- What kind of cases to you handle? If the lawyer handles criminal, domestic,and everything else under the sun, you can reasonably question whether that lawyer has the experience to handle all that comes with a complex personal injury case. Not to say that some lawyers can't be successful handling many different types of cases. But it does raise a red flag that should be fully explored.
The Maryland Auto Accident Lawyer website provides interesting data on the average car accident settlement in Maryland.
Our Baltimore car accident attorneys provide volumes of information on our website to assist Baltimore car accident victims and Baltimore car accident attorneys. Click on the proceeding link for more information.
I read a bar journal in Maine today that provided some good links of some of the literature that is out there to try to determine how fast a driver was doing at the time of impact in a car accident:
- Thomas Bohan's and Arthur DaMasks' Forensic Accident Investigation Motor Vehicles, (1995), which includes an introduction to vehicle accident physics, speed calculations and computer-generated images.
Watts, Atkinson & Hennessy's Low Speed Automobile Accident Reconstruction and Occupant Kinematics Dynamics and Biomechanics, (1996).
- Armentrout's Physics Applied to Accident Reconstruction, Maine College of Physics Teachers, University of Maine (1983).
Baker and Fricke's The Traffic Accident Investigation Manual, Northwestern University Traffic Institute (ed. 1986).
- Thomas Bohan's and Arthur DaMasks' Forensic Accident Investigation Motor Vehicles, (1995), which includes an introduction to vehicle accident physics, speed calculations and computer-generated images.
- Daily's Fundamentals of Traffic Accident Reconstruction, Institute of Police Technology and Management University of North Florida (1988), the text utilized by the state of Maine.
Watts, Atkinson & Hennessy's Low Speed Automobile Accident Reconstruction and Occupant Kinematics Dynamics and Biomechanics, (1996).
- Armentrout's Physics Applied to Accident Reconstruction, Maine College of Physics Teachers, University of Maine (1983).
Metro Verdicts Monthly's graph this month addresses median settlements and verdicts in knee injury cases in Maryland, the District of Columbia, and Virginia since 1987. The median settlement or verdict in Maryland knee surgery cases is $37,500. The medians for Washington DC and Virginia are $75,000 and $52,500.
I'm not sure why Maryland verdicts and settlement in knee surgery cases are half that of Washington D.C. and it makes me question the data. As always, I pass this along because I think it is interesting.
Liberty Mutual car accident claims have been increasingly difficult to deal with in recent years because Liberty Mutual has changed its tactics. Although I think they have been slower to adopt the advice than other insurance companies, Liberty Mutual joined State Farm and Allstate in hired consulting firm McKinsey & Co. to boost its bottom line by fighting all car accident claims, including good claims.
There are three possible exceptions to uninsured motorist coverage in Maryland: (1) the "owned but uninsured" exclusion, (2) the owned but otherwise insured exclusion, and (3) the named driver exclusion.
It is important for Maryland auto accident lawyers to keep in mind there are no other exclusions permitted in Maryland, regardless of what is contained in the client's insurance policy.
- Uninsured Motorist Coverage in Maryland (an overview)
- Uninsured Motorist Lawsuits (blog topic directed at Maryland auto accident lawyers)
- How to Try an Uninsured Motorist Lawsuit in Maryland
Based on the number to times our auto accident lawyers are asked this question, I think it is fair to say there is a huge misconception about this issue. If there is no insurance or inadequate insurance on behalf of the at-fault driver, your insurance company - the uninsured/underinsured insurer - essentially steps in the the shoes of the defendant and is obligated to pay all damages that you could make against the real bad guy. Settlement of these cases are never disputed on the basis that the UM carrier is no obligated to pay for pain and suffering.
So, yes, absolutely, pain and suffering damages in Maryland are compensable in an uninsured motorist claim.
