HOW DOES THE INSURANCE COMPANY DETERMINE THE VALUE OF A TOTAL LOSS When your vehicle is involved in a serious accident, you may find out that the insurance company has decided to declare your vehicle a total loss. Whether an Insurance Company declares a vehicle a total loss is governed by Maryland law and is […]
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TOTAL LOSS CAR ACCIDENT
DO I HAVE TO ACCEPT THE INSURANCE OFFER TO TOTAL LOSS MY VEHICLE? Normally, if a car has significant damage, a car owner is happy when the insurance company declares their vehicle a total loss. After an accident, many owners no longer have an interest in fixing their vehicles and are afraid to drive the […]
DIMINISHED VALUE CLAIM IN A CAR ACCIDENT?
Can I Make a Diminished Value claim? What is a diminished value claim in a car accident? If your car is in a car accident, which requires substantial repairs, and despite those repairs, the car is worth less after successful repairs, than the car was worth before the accident took place you may be entitled […]
Temporary Total
Temporary Total may be paid despite an unemployment claim. The entitlement triggers for unemployment and temporary total are different. 1) Temporary Total must be unable to perform the duties of the pre-injury employment. 2) Unemployment: must be ready, willing and able to be gainfully employed. An Employee can be ready willing and able to do […]
Dependency of Wife in Workers Compensation Claim
Dependency in a Workers compensation Death Case and a Baltimore Workers Compensation Claim. 218 Md. 581 (1959) 147 A.2d 756 MULLAN CONSTRUCTION COMPANY ET AL. v. DAY Although they had been married in 1949, the claimant testified that she and her husband had never pooled their earnings. She used her money to buy things she […]
Can You Sue a Home Inspector In Maryland?
Can you sue a Home Inspector in Maryland for a poor inspection? – Home inspector exculpatory clauses There are courts in other jurisdictions that have invalidated limitation-of-liability or exculpatory clauses in home inspection contracts. See Finch v. Inspectech, LLC, 727 S.E.2d 823 (W.Va. 2012); Glassford v. Brickkicker, 35 A.3d 1044 (Vt. 2011); Pitts v. Watkins, 905 So.2d 553 […]
Temp Employee transports other employees to work site
FACTS Claimant was employed by a temp service. He worked there every week day for months. He was one of the few temporary workers who had a car. He would frequently transport co-workers. Claimant has recently provided the daily pay sheet received from the employer for hours worked every day. (copies attached) Please note that […]
Discovering Insurance Policy Limits Prior To Trial
Md. COURTS AND JUDICIAL PROCEEDINGS Code Ann. § 10-1102 (2014) § 10-1102. Prelitigation discovery of insurance coverage. After a claimant files a written tort claim concerning a vehicle accident and provides the documentation described in § 10-1103 or § 10-1104 of this subtitle to an insurer, the claimant may obtain from the insurer documentation of […]
SHIFTING BURDENS OF PROOF IN A WORKERS COMPENSATION CLAIM
STATEMENT OF FACTS ANSWERS TO INTERROGATORIES 1. If you contend that you sustained an injury to in the course of your employment at Fitzgerald Auto Mall, Inc., as defined by the Maryland Labor and Employment Code Annotated, and the Maryland case law, state with precision the factual and legal basis for this contention. ANSWER: I […]
Traffic Court Decisions admissible in Civil Trial
Admissability of Traffic Court Finding in a Civil Case. 1. If the defendant pleads guilty in traffic court, the guilty plea is admissible in a subsequent civil case. See Miller v. Hall, 161 Md. 111 (1931). It is admissible as an admission. See See Crane v. Dunn 382 Md. 83 (2004) for a full discussion
