What is An Uninsured or UnderInsured Motorist Claim Under Maryland Car Accident Law?

What is an Uninsured or Underinsured motorist claim under Maryland car accident law? When you are involved in an accident that is the fault of another driver who either has no insurance (Uninsured)or not enough insurance(underinsured) or has statutory immunity, you may be able to file a claim with your insurance company. If you are […]

What Protections Are Available to the Injured Party at an Independent Medical Evaluation (IME)?

What protections are available to the injured party at an Independent Medical Evaluation (IME)? The right to an IME is provided by the Maryland Rules in a civil case and by the Workers Compensation regulations in a worker’s compensation case. Maryland Rule 2-423. Mental or physical examination of persons When the mental or physical condition […]

Are Car Accident Settlements Marital Property Under Maryland Divorce Laws?

Are car accident settlements marital property under Maryland Divorce laws? The purpose of this article is to determine whether a personal injury settlement is considered Marital property under the Maryland Marital Property act and therefore subject to division between spouses if they are divorced. The Maryland appellate courts have interpreted the Maryland Marital Property act […]

Is a plaintiff’s status as an undocumented immigrant relevant and admissible evidence in this personal injury action?

Is a plaintiff’s status as an undocumented immigrant relevant and admissible evidence in this personal injury action? The leading Maryland case on this issue is RIGOBERTO E. DOMINGOS AYALA, ET AL. v. ROBERT FREDERICK LEE 215 Md. App. 457, 81 A.3d 584 (2013). The Ayala case involved an illegal alien who was making a personal […]

Can an Undocumented and illegal alien file suit in a Maryland Court for personal injuries?

Can an Undocumented and illegal alien file suit in a Maryland Court for personal injuries? The simple answer is yes an undocumented immigrant or illegal alien can file suit in a Maryland Court for personal injuries . While Maryland has not directly addressed this issue, The Maryland Appellate Courts have recently decided two cases where […]

Top 22 Reasons A Truck Is At Fault In An Accident

Top 22 reasons a truck is at fault in an accident. There are many different reasons why truck accidents take place. Below is a list of the top 22 reasons trucks are more likely to be involved in an accident. Speed of truck. An accident can be caused if a truck is going above the […]

Can you make a Wrongful Death claim on behalf of a fetus in Maryland?

Can you make a Wrongful Death claim on behalf of a fetus in Maryland? The simple answer is sometimes. the Court of Appeals affirmed that a cause of action lies for prenatal injuries to a viable child who is either stillborn or born alive and to a nonviable child who is born alive. The cause […]

Is The Money I Receive in a Car Accident Settlement Taxable?

Is the money I receive in a car accident settlement taxable? In general, the money that is received from a car accident settlement is not taxable as long as it was received due to a physical injury or physical sickness. The IRS states that: If you receive a settlement for personal physical injuries or physical […]

Last Clear Chance Beats Contributory Negligence

Last Clear Chance Beats Contributory Negligence In order to win in a car accident, truck accident, pedestrian accident, motor cycle accident, or bicycle accident, the injured party must prove the other driver was negligent. Examples of negligence are violating the rules of the road like speeding, stop signs or red lights. Further example would be […]

Injured Back in a Maryland Car Accident

Injured Back in a Maryland Car Accident What causes low back pain in a car accident? A traumatic injury, such as from playing sports, car accidents, or a fall at work can injure tendons, ligaments or muscle resulting in low back pain. Traumatic injury may also cause the spine to become overly compressed, which in […]

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