Question 1—How Often Do You Go To Trial? 

There are two types of personal injury lawyers—settlement lawyers and trial lawyers.  Settlement lawyers will avoid going to trial at all costs—either they are afraid of trial, or they just don’t like it.  These lawyers will almost always take the best settlement offer they can get, regardless of whether it represents a fair value for your legal claim.  You don’t want that kind of lawyer representing you.

Trial lawyers are comfortable with trial (some even look forward to it).  These lawyers are also better negotiators, because the insurance companies know which lawyers will take cases to trial, and those lawyers will often get higher settlement offers.  And if negotiations fail, these lawyers will stand beside you at trial to let an impartial judge or jury decide your claim.  If your potential lawyer rarely goes to court, you might want to keep looking.

Question 2—What Can I Do to Help My Case?

After your initial intake, your lawyer should tell you what he needs from you in order to maximize your claim.  If you are still injured, your most important job will be to continue getting regular medical care.  Otherwise, your lawyer may need you to keep a journal about your injuries, provide documents of lost wages from your employer, or sign authorizations allowing your lawyer to retrieve confidential information that can help your case.  Whatever your lawyer needs from you, it is important to be as responsive as possible.

Question 3—Who Will I Talk To at the Law Firm?

Many law firms are set up differently.  It’s important for you to know who is in charge of your case, and who your day-to-day contact will be.  Will you be dealing with the senior lawyer assigned to your case, or will you be speaking primarily with an associate or paralegal?  Whatever the arrangement, you should be comfortable with your legal team, and you should be able to speak with the senior lawyer from time-to-time.

Question 4—What is the Value of My Case?

Most lawyers will not be able to answer this question at the time of the initial meeting for a number of reasons.  First, they have not fully evaluated your case, and so much of case value depends on the specific facts of the case—the total amount of medical bills, the presence of any permanent disability, the likeability of the defendant, and the court where the case can be filed.

However, it is important to ask this question along the way toward settlement or trial.  You should have an idea of what would constitute a good settlement long before settlement discussions start taking place.   Otherwise, you run the risk of allowing the insurance company to influence you (and your lawyer) about your case’s value.

Question 5—How Much Malpractice Insurance Do You Have?

In Maryland, there is no requirement that lawyers carry legal malpractice insurance.  Most lawyers do have such insurance because mistakes happen.  Personal injury lawyers are in the business of helping people—without insurance, they run the risk that a mistake can prevent a client from recovering for a meritorious claim.

It may be an uncomfortable question to ask, but it shouldn’t be.  Just like hiring a contractor to work on your house, it is important to know if your lawyer has the ability to stand behind his work.  Additionally, it is important to know how much malpractice insurance your lawyer has.  Generally, your lawyer should have enough insurance to pay for the total settlement or verdict that you could receive.  If you have a serious, catastrophic personal injury case, your lawyer should have insurance with millions of dollars of coverage.

Contact Us

Hiring a lawyer can be an unfamiliar and uncomfortable process.  The lawyers that you interview should make you feel comfortable every step of the way, and should be able to answer all of your questions.  If you would like to talk to us about a West Virginia or Maryland motorcycle accident, contact our personal injury lawyers at 1-800-776-4529, or send us some brief information about your accident online.

More Maryland Personal Injury Information

• Maryland Circuit Courts
• Deadlines in Maryland Cases
• Maryland Motorcycle Accidents
• What to do after an Automobile Accident

Of course, it’s safer for motorcyclists to wear helmets and safety vests, and to take instructional safety courses.   In addition to being safe on the road, it is important that Maryland motorcyclists consider these insurance facts before hitting the road.

1. No Personal Injury Protection (PIP):  insurance companies are not required to offer Marylanders personal injury protection when they purchase motorcycle insurance.  PIP, as we have explained before, is insurance that is usually available to preliminarily pay lost wages and medical expenses.  PIP is usually available to a motorist through his/her own insurance company, and will be paid regardless of fault.  That means even a negligent driver may recover PIP from the policy, in most circumstances.  However, PIP is not likely to be available for motorcyclists in Maryland, largely because the law doesn’t require it and the insurance companies continue to think that motorcyclists are a big risk.  So, motorcyclists should find other ways to protect themselves (read on below!).
2. Health Insurance:  Some people mistakenly believe that health insurance companies will not pay for medical care resulting from an automobile accident.  That’s not true.  If you have health insurance, they are obligated to make payments pursuant to the contract.  In most cases, they will have to pay for accident-related medical care.  So motorcyclists should make sure that they have adequate health insurance, and that they can afford whatever deductibles and co-pays that are necessary.
3. Uninsured/Underinsured Motorist Protection:  Commonly called UM/UIM coverage, it is insurance that a motorist will get to protect themselves in case they get into an accident with an uninsured driver (like a phantom vehicle, a hit-and-run, or someone who simply doesn’t have insurance).  It will also help when the person who caused the accident has a very low amount of insurance.  If so, and particularly if the motorcyclist’s injuries are severe, he will often be able to pay for expensive medical care or time missed from work.
4. Gap Insurance:  New motorcycles, like all automobiles, depreciate significantly when they are driven off the lot.  What this means is that if an accident happens soon after purchase (usually within two or three years), and if the insurance company totals the motorcycle (deciding that it is not worth the cost of repair), the owner will only receive the fair market value of the motorcycle.  The fair market value may not be enough to purchase a new motorcycle, leaving the accident victim without transportation.  Gap insurance, typically offered by the dealership, will bridge the gap between the fair market value of the motorcycle and the cost of purchasing a new one.  This will ensure that a motorcycle accident victim is not left stranded.
5. Check Your Policy Every Year:  Insurance policies are confusing, not just to “laypeople,” but also to lawyers and judges.  There is so much dispute about insurance provisions that our top courts have to deal with insurance cases every single year—sometimes they change our understanding of how common insurance policies are interpreted.  So, it’s a good idea to check your motorcycle policy every year to see if it covers you, your family, and all of your motorcycles.  Make sure the coverage amounts are high enough.  If you are unsure, ask the people who know how insurance contracts are interpreted by the courts—call us.

In our next post, we’ll continue the motorcycle theme with Five Questions to Ask A Motorcycle Accident Lawyer.

Contact Us

If you have questions after a motorcycle accident in Maryland or West Virginia, contact our personal injury lawyers at 1-800-776-4529, or send us some brief information about your accident to us through our online portal.

More Maryland Personal Injury Information

• Proving Your Injuries in a Maryland Lawsuit
• Maryland Car Accident Settlements
• What is My Maryland Automobile Accident Case Worth?
• Maryland Damage Caps

“We are thrilled to be able to lend a hand and help those with legal troubles,” said Alan Horwitz, of Ingerman & Horwitz, LLP. “We know that legal concerns can be very stressful. This event allows us to provide residents the answers and the peace of mind they are seeking.”

Between 4:00pm – 7:00pm, Ingerman & Horwitz, LLP attorneys will provide free consultations in the areas of workers’ compensation, Social Security disability, criminal law, medical malpractice and personal injury cases. The event will be hosted at the Washington County Department of Social Services. In addition, volunteer attorneys will assist clients in completing advanced directives/living wills at the Washington County Commission on Aging from 1:00pm – 3:00pm earlier in the day.

There is no charge to attend and registration is not required. Those planning to attend are asked to please bring any relevant documents with them.

For more information, residents may call 301-694-7414 or email nshore@mdlab.org.

Locations:
Washington County Commission on Aging
140 W. Franklin Street, 4th Floor
Hagerstown, MD 21740

Washington County Department of Social Services
122 North Potomac Street
Hagerstown, MD 21740

Ingerman & Horwitz, LLP is a full-service, Maryland personal injury law firm with over 100 years of collective experience. As a Better Business Bureau A+ rated, accredited firm; Ingerman & Horwitz, LLP is recognized throughout Maryland for their commitment to justice and dedication to excellence, resulting in numerous client referrals and the respect of their peers. For more information, visit www.ihlaw.com or call 1-800-776-4529.

In Part I, we discussed five factors to consider when hiring a lawyer:

• Continuing Legal Education
• Avoid General Practitioners
• Similar Cases
• Referral Mills
• Meeting the Lawyer Handling Your Case

Now, we’ll give you the rest of the list.  Here are five more considerations:

• How Will You Pay?  The majority of personal injury lawyers handle cases using something called the contingency fee.  Basically, the client will not pay the lawyer if the case is lost, and will not pay the lawyer any money up front.  Instead, the client pays the lawyer a percentage of the final settlement or verdict.  The exact percentage often depends on when the case resolves—for example, the lawyer will often charge a lower fee if the case settles before a lawsuit is filed.  Importantly, no personal injury lawyer should ever charge you a “consultation fee.”  If you have to pay to meet with a lawyer, you are probably meeting with the wrong lawyer.
• Has Your Lawyer Been Rated?  There are a number of rating systems out there.  They all need to be taken with a grain of salt—some are better than others, and some are simply lawyer popularity contests.  That said, there are a few very worthwhile services, among them Martindale-Hubbel.
• Trial Lawyers versus Settlement Lawyers:  Insurance companies keep careful track of lawyers.  They know which lawyers will demand full settlement value for cases, and which lawyers will cave and accept low settlement offers.  Some lawyers are inexperienced, afraid of trials, or simply lazy.  If you want maximum value for your case, you are better off hiring a lawyer who regularly goes to trial.  Those trial lawyers have the respect of the insurance companies.  Not only are they willing to go to trial for their clients, but they receive higher settlement offers than other lawyers.  When you meet with your lawyer, ask him or her how many trials the firm has had in the past year.
• Lawyer Discipline:  The legal profession is self-regulating, which means that there is an internal system to keep an eye on lawyer behavior, competence and ethics.  It can be cumbersome to check, but in Maryland lawyer discipline can be searched through the Attorney Grievance Commission, and in West Virginia it can be checked through the Office of Disciplinary Counsel.  The fact that a lawyer has made a mistake in the past is not necessarily proof that they won’t do a good job (in fact, the hope is that the lawyer learned a lesson and will do a better job).  The real red flags include stealing from clients and other acts of dishonesty.
• A Candid Discussion About Your Case:  Especially at the beginning of your case, but also at regular intervals, your lawyer should talk with you honestly about your case.  You should know about the pros and cons of your case.  Your lawyer should be honest with you about his or her opinion of the value of your case.  Your lawyer should be willing to help you with any problems you have, whether taking care of property damage and medical treatment in a car accident, or getting lost wages paid quickly in a workers’ compensation case.  If your lawyer isn’t willing to talk to you in-depth, it’s a red flag that he or she does not know the facts of your case.

Contact Us

Our personal injury lawyers can answer any questions you have about auto accidents, workers’ compensation cases and other personal injury cases in Maryland and West Virginia.  Call us at 1-800-776-4529, or send us some brief information about your case to us through our online portal.

1. Continuing Legal Education:  The law school that a lawyer went is often not a good indication of the quality of the lawyer, especially for older lawyers who have been out of school for a long time.  A graduate of the University of Baltimore can be equally or even more competent than someone who attended Harvard Law.  Additionally, law schools generally do a poor job of preparing lawyers for specific types of law—historically, there are few classes that deal with the ins-and-outs of personal injury law. It is important to find a lawyer who is a craftsman.  Unlike medical professionals, there is no requirement for lawyers to take continuing legal education.  You’ll find many lawyers skip these classes, and rely only on outdated training.  Ask your lawyer how often he or she attends seminars on issues specific to your case.  Those are the lawyers who are going to be able to fully and fairly represent you in your case.
2. Avoid General Practitioners:  Some lawyers claim to be able to do a little bit everything.  Their websites might suggest that they handle traffic citations, contract work, personal injury, and wills and estates law.  In this day and age of concentration, it is very difficult to stay abreast of the law in so many areas.  It is far better to have a lawyer who does one thing, but does it well.  At our firm, for example, we only handle personal injury cases.  If you need a will written, you should hire a lawyer who only handles estates.  Your lawyers’ focus will likely improve your representation.
3. Similar Cases:  Even within a specific type of law, you should find out if your potential lawyer has ever handled a case similar to yours.  Personal injury cases, for example, include automobile accidents, semi-truck accidents, medical malpractice (including birth injuries), workers’ compensation and product liability.  These cases all share many similarities, but even within each category there are different types of cases, all with unique issues.  When speaking with a lawyer, find out whether he or she has experience with cases similar to yours.
4. Referral Mills:  Some law firms, particularly those who do a great deal of television advertising, send most of their cases to other law firms in exchange for fat referral fees.  Those referring firms don’t actually handle your case, which means that the lawyer you met with in the beginning will likely have nothing to do with your case after the day you sign up.  We all know that first impressions are important, but your impression of the “signing” lawyer will have little meaning when a different lawyer from another firm is handling your case.  Be careful—find out if your case will be referred out, and whether you’ll have the opportunity to meet your lawyer before the case is transferred.
5. The Lawyer Handling Your Case:  To the extent possible, you should meet with the lawyer who is handling your case.  You should be comfortable with that lawyer, and you should be comfortable with his or her communication policy.  Will you have access to the lawyer’s e-mail address and cell phone?  Are there limitations on calling or coming into the office?  Will most of your communication be with an associate or a paralegal?  There are many different ways to set up a law firm, and you should be comfortable with how you are expected to interact with the firm that represents you.

Coming Soon In Part II of Ten Questions To Ask Before Hiring A Personal Injury Lawyer:

• How will you pay your lawyer?
• Has your lawyer been rated?
• Trial lawyers versus settlement lawyers
• Lawyer discipline
• A candid discussion about your case

Contact Us

If you have questions after a personal injury accident in Maryland or West Virginia, contact our attorneys at 1-800-776-4529, or send us some brief information about your case through our online portal.  We’ll put our expertise to work for you right away.

The Current Law

Maryland law currently protects employees from retaliatory firings.  Labor & Employment § 9‑1105 provides:

(a)   An employer may not discharge a covered employee from employment solely because the covered employee files a claim for compensation under this title

(b)   A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 1 year or both.

The trick with the current law is twofold:  First, the firing cannot be “solely” because a claim for compensation was made.  Employers can still fire employees for any number of other reasons, including inability to do the job because of the work injury, or excessive missed time because of the injury.  Second, it can be very difficult to prove the reason for a firing.  Savvy employers know that they need to cover their tracks when making employment decisions, and it can be difficult to find that smoking gun that reveals the true reasons for a termination.

Fortunately, even terminated workers continue to be entitled to workers’ compensation benefits.

The Proposed Law

The new bill (Senate Bill 609), if passed, will offer protection against other types of retaliation, including demotion. It states that “An employer may not discharge a covered employee from employment or retaliate in any way against a covered employee because the covered employee files a claim for compensation under this title.”  An employee who was retaliated against would be allowed to file a civil lawsuit against the employer to recover back pay, benefits, reinstatement and other damages.

Of course, employers and their lobbyists are fighting hard against this bill, calling it “anti-business.”  To be fair, care will need to be taken to determine whether an employer’s action is in fact retaliation, but Commissioners and jurors would be able to figure that out.  It’s not as hard as some business groups believe.

Contact Us

If you have questions about an on-the-job accident, contact our workers’ compensation lawyers at 1-800-776-4529, or online.  We can help to answer your questions about your workers’ compensation case.

More Maryland Work Injury Information

• Maryland Workers’ Compensation 101
• Value of Maryland Worker’s Compensation Cases
• Top Maryland Workers’ Compensation Lawyers

Personal Injury Protection (PIP)

One of the reasons that bus and taxi accident lawsuits can be more difficult to settle is because, under Maryland insurance law, there is no personal injury protection carried by taxi companies or the MTA.  PIP is no-fault insurance designed to quickly pay medical expenses and lost wages after an auto accident.  Most insurance companies offer between $2,500 and $10,000 in PIP coverage.  Because this money can be used to pay back medical expenses, it makes it easier to settle a case.  The collateral source rule allows an accident victim to recovery expenses through PIP, and then to seek those same expenses from the negligent driver.  With PIP, there is more money available (usually between $2,500 and $10,000) for the accident victim.

Bus accident victims may be able to recover PIP through other means—one other source may be a family member who lives in the same household and has car insurance.

Proof in Bus Accident Cases

There are a few negative stereotypes about bus accident cases.  Everyone has heard the story about the bus accident that was followed by a bunch of people on the street corner rushing into the bus, so that they could make claims for injuries.  Bus drivers tend to be more careful about that type of thing now.  They have cameras on board, and drivers are careful to ensure that no one gets on after an accident, and that they record the names of anyone who wants to get off.  Someone who is not on that list (or on the video) faces an uphill battle in proving their claim.  This is why MTA usually demands a picture of the injured claimant before considering the claim.

The video is also instrumental in proving injury.  Sadly, we have seen people complain of injury on a bus and describe that they were thrown to the floor because of the collision.  The bus video, however, may show a different reaction to the impact (sometimes no movement at all).  That impairs the credibility of the plaintiff, and reduces (or eliminates) the recovery in a bus accident case.  The take-home message is the same for all accidents—don’t exaggerate your injuries.

Taxi Accidents

Single taxi drivers, for some insane reason, are frequently covered by MAIF and have the bare minimum of automobile insurance (currently $30,000 per person, $60,000 per accident).  This is crazy because, as taxi drivers, they spend all day on the road.  They are more likely to be involved in accidents.  They transport people, and should be more attuned to taking care of their passengers if accidents happen.

The individual driver may have auto insurance, and there may be a parent company that is responsible for injuries, as well.

Contact Us

If you have been injured in a serious taxi or bus accident, contact our automobile accident lawyers at 1-800-776-4529, or online.

More Maryland Automobile Accident Information

• Maryland Car Accident Settlements
• What is my Maryland Automobile Accident case worth?
• Dealing with Insurance Companies After an Automobile Accident
• Medical Treatment After a Maryland Automobile Accident

Maryland Seat Belts

In Maryland, there is a law that clearly prohibits insurance companies from even mentioning that an automobile accident victim did not use a seat belt.  Maryland Transportation Code § 22‑412.3 says:

(h) Failure to use seat belt. –

(1) Failure of an individual to use a seat belt in violation of this section may not:

(i) Be considered evidence of negligence;

(ii) Be considered evidence of contributory negligence;

(iii) Limit liability of a party or an insurer; or

(iv) Diminish recovery for damages arising out of the ownership, maintenance, or operation of a motor vehicle.

(2) Subject to the provisions of paragraph (3) of this subsection, a party, witness, or counsel may not make reference to a seat belt during a trial of a civil action that involves property damage, personal injury, or death if the damage, injury, or death is not related to the design, manufacture, installation, supplying, or repair of a seat belt.

There is a similar rule regarding child safety seats (Maryland Transportation Code § 22‑412.2(i)).

This helps to protect automobile accident victims by focusing the trial on the issues that are really important, namely, who caused the accident and what the resulting injuries were.  Otherwise, juries would have to speculate (or lawyers would have to hire expensive experts) on how much of the injury would have been prevented by the use of seat belts.  There may not be any way to know the answer to that, and as a matter of public policy, we want negligent drivers to pay for the accidents they cause.

Of course, it is still important (not to mention the law) that drivers and passengers must wear seat belts.  But a failure to do so does not impact a victim’s right to recover for their automobile accident injuries.

Maryland Helmets

The issue of whether a defense lawyer can bring in evidence that the plaintiff did not wear a helmet in a Maryland motorcycle accident or Maryland bicycle accident is not as clear as the issue regarding seat belts.  In Rogers v. Frush, where the motorcycle accident occurred three years before a mandatory helmet rule, Maryland’s highest court decided that there was no standard of care requiring the wearing of a motorcycle helmet.  However, the 1989 case of Doehring v. Wagner contains this statement from the Court of Special Appeals:  “we would have found, as a matter of law, that the action of Doehring in driving a motorcycle at a high speed, at night, without a helmet and without headlights, was clearly contributorily negligent.” It’s hard to say whether driving without a helmet alone would be contributorily negligent, but it certainly gives some room for argument by insurance lawyers.

Trial Strategy

In any case where seat belts or helmet use is an issue, the lawyers should try to take that issue off the table by filing a motion to exclude that evidence at trial.  In some cases, wearing a helmet may not even be relevant—unless the victim suffered a head or brain injury, using a helmet would not be related to any injuries.

The other consideration, however, is that people on a jury may want to know whether a plaintiff was wearing a helmet or using a seat belt.  Juries have a way of zeroing in on evidence that is withheld from them, and if they believe that a plaintiff was not wearing a seat belt or using a helmet, they might hold that against the victim.  In cases like this, it might be better to request a bench trial (decided by a judge, who will better understand the law), or there might be other strategies used to defuse the jury’s speculation.

Contact Us

If you have questions after an automobile accident, motorcycle accident or bicycle accident in Maryland or West Virginia, contact our personal injury lawyers at 1-800-776-4529, or tell us about your accident online.

For More Information

• Contributory Negligence
• Car Seat Safety
• Maryland Bike Helmet Laws
• Maryland Bicycle Accidents

Maryland Motorcycle Accidents

Well, the legislature, despite numerous attempts at legislating our state to a different rule, has faltered.  The proposed compromise would have overturned the Court’s decision, and would be breed-neutral (that is, it wouldn’t single-out pit bulls or any other type of dog).  It would not have returned Maryland to the status quo.  Before, dog bite victims had to prove that the owner knew or should have known that the dog was dangerous before the attack.  The proposed bill would have placed the burden on the owner to prove that the dog had no dangerous propensities.

The fight now is over an amendment which requires a higher level of proof from the dog’s owner—clear and convincing, instead of the standard “preponderance of the evidence.” We’ll have to wait to see if there will be efforts to salvage the proposed legislation, any version of which is better than what we had before.

We’ve seen people injured in attacks by dogs of many breeds.  There’s no reason to single-out one specific breed.  Our preferred rule would be that all owners are strictly liable for their animals.  It’s hard to see how that rule hurts anyone, other than insurance companies who pay for the claims.  If I had a dog that was the sweetest animal in the world, then one day bit a child, I’d be screaming for my insurance company to pay the claim.

Contact Us

If you have questions after any type of personal injury in Maryland or West Virginia, including dog bite attacks, contact our personal injury lawyers at 1-800-776-4529, or online.

More Maryland Personal Injury Information

• Baltimore Sun:  Pit bull bill compromise unravels
• Proving your injuries in a Maryland lawsuit
• Researching Maryland and West Virginia law
• Insurance limits

Punitive damages are damages designed to punish the defendant for bad behavior.  Unlike compensatory damages, which are designed to help heal the plaintiff or make him “whole,” punitive damages are akin to taking away a cookie or sending a disobedient child to his room.  Right now, punitive damages in automobile accident cases are all-but impossible.  The Maryland standard for punitive damages is steep.  A plaintiff must prove that the defendant’s conduct was malicious, or the result of evil motive or intent to injure.  This is called “actual malice.”  Basically, to recover punitive damages, the defendant must have intended to cause injury.  This is why punitives have never been permitted against drunk drivers in Maryland.

The gist of House Bill 987 is that it increases the standard of proof from “preponderance of the evidence” to “clear and convincing evidence.”  It would apply where the defendant driver was operating at a BAC of 0.08.  Also required would be a suspended or revoked license, or a conviction or PBJ for some transportation article violations (past 5 years).  There are a few more details, so check the bill if you are curious.

The Maryland Chamber of Commerce has opposed these bills in the past.  Their argument is that making punitive damages available in one type of case makes it more likely that they will be made available in other types of cases.  This is the classic slippery slope argument, and seems to us to be without merit.  The legislature would decide each instance of punitive damages separately, and the courts would apply the punitive damages law as set by statute or precedent.  It’s not going to be the Wild West, out here.

This is a nice feel-good bill.  It’s not likely to amount to much practically, however.  Let’s say a drunk driver causes a horrendous accident.  The plaintiff, whether the victim or a surviving family member, gets a verdict of punitive damages at trial.  It will likely be impossible to collect those punitive damages because the insurance companies will have a clause in the contract preventing the recovery of punitives, and the defendant is not likely to be independently wealthy.  So, most of these verdicts will go unpaid.

Contact Us

If you have questions about your rights against drunk drivers, contact our automobile accident lawyers at 1-800-776-4529, or tell us about your case online.  We’ll put our expertise to work for you right away.

More Automobile Accident Information

• Medicare Liens
• The “Independent Medical Exam”
• Dealing With Insurance Companies After An Accident
• Deadlines In Maryland Cases