Maryland Injury Lawyers Blog

There was a terrible accident yesterday in Elkridge Maryland. Mr. Aaron Jacob Lorsong of the 13000 block of Rover Mill Road in West Friendship, is said to have been intoxicated when he struck a teenage on a bicycle on Route 108 near Lark Brown Road, and apparently was charged with possession of a controlled dangerous substance. Mr. Lorsong was driving a Nissan. Mr. Lorsong will surely face criminal charges as a result of this incident including driving while intoxicated. Anyone with information about this crash should call the Police Department at 410-313-3700. While the criminal laws regarding drunk driving in Maryland are quite strict, the civil consequences of drunk driving are often incredibly sparse. The first problem is that in many cases, the intoxicated driver will have minimal limits of insurance (the minimum in Maryland is $20,000.00). Therefore, if the medical bills are substantial, the injured victim gets nothing or next to nothing. Maryland should increase the minimum limits of insurance to at least $50,000.00 per person. Second, Maryland law is one of only 3 or 4 states in the entire USA that does not allow for dram shop actions. A dram shop action is a lawsuit against the bar where the driver became intoxicated. The bar or tavern would typically have a much larger insurance policy, and if the bar was negligent in serving someone alcohol, then it should be held accountable for the resulting injuries. The third problem is that Maryland law does not allow for a person injured by a drunk driver to claim punitive damages. This is a result of the Zenobia case in which our appellate court essentially held that punitive damages are not available to those injured by others unless there is actual intent to injure. This is ridiculous, and the Maryland Legislature should step in and change the law. Drunk drivers should be held accountable in our civil justice system for the injuries that they cause. Maryland claims to be tough on drunk drivers by having strict criminal laws against intoxicated drivers, but then does not back up that policy with civil laws that would hold drunk drivers accountable for their actions. Our lawyers are extremely experienced at finding theories of liability and insurance coverage so that victims of drunk driving are fully compensated for their injuries. To read more about how to find insurance coverage in Maryland consider reading this article written by attorney Kevin Goldberg at Goldberg, Finnegan & Mester, LLC http://www.gfmlawllc.com/pdf/summer_article_2008.pdf

For more information about your rights if you are injured by a drunk driver call the Maryland Attorneys, Goldberg, Finnegan & Mester, at 877-774-3652 or visit our website at www.gfmlawllc.com.

The continuing assaults on the civil justice system by the insurance industry and big business have instilled fear in the public: they state that plaintiff's lawsuits are the main reason for higher health care and as such, tort reform is necessary. Trial lawyers, who protect you and your family when you are injured as a result of someone else's negligence and fight against such lies, have been rebutting this myth for years. In an article published yesterday in the Baltimore Sun, the author provides further confirmation that health care is not rising because of lawsuits. The articles states: "The nonpartisan Congressional Budget Office [CBO], as usual the best source for this kind of analysis, says malpractice costs make up only 2 percent of health care spending. "The evidence available to date does not make a strong case that restricting malpractice liability would have a significant effect," the CBO says." What it will do, however, is lessen any money available to you or your loved one when you are injured - thus solely benefiting the insurance industry to the detriment of the public.

So, the next time you hear someone comment that lawyers and frivolous lawsuits are driving up the cost of health insurance, tell them they are wrong and provide them with the government research that proves it. This is also why it is important to make sure you are knowledgeable about your elected public official's stances on tort reform and to hold them accountable for telling the truth and not propagating these lies and myths. Here is a link to that article: click here to read.

And if you have been injured as a result of negligent medical care, do not be afraid to call a Maryland Medical Malpractice lawyer to seek justice on your behalf. We have a registered nurse attorney on staff ready to talk to you and we do not charge a fee unless we recover money for you. Call us today at (301) 589-2999 extension 125. Goldberg, Finnegan & Mester - Protecting Your Rights.

In today's Washington Post there is an interesting article about the high number of motorcycle fatalities in Maryland, Washington, D.C. and Virginia. In one day in August there were 3 motorcycle deaths in the Washington D.C. Metropolitan area: Chris Ford (Northern Virginia), Marc Grant (Calvert County, MD) , and Tony Trilli (Charles County, MD). In the last year highway deaths fell in all categories except motorcycle deaths. Pete terHorst of the American Motorcycle Association said "Were extremely concerned about the increasing number of crashes and fatalities." The Washington Post reports that 38 motorcyclists died on the Suburban Washington, D.C. roads in the last year. Authorities indicate that motorcyclist deaths occur because of inexperience, alcohol, inattention to the roadway and miscalculation. Apparently 3 out of four motorcycle deaths occur when the adverse vehicle makes a left turn in front of the cyclist. About half of motorcycle fatalities do not involve another vehicle. The Washington Post indicates that Jason Wright died when he lost control of his bike on Springwoods Drive in Lake Ridge, struck a concrete median and was thrown from the bike. Jerald Goldsmith died when is Kawaski Ninja crashed into a wall of a parking garage in Washington, D.C. Steve Stone's motorcycle hit a curb in Woodbridge, VA and he slid into a tree and was killed. Motorcycle accidents are indeed tragic. Fortunately the rules of the road apply not just to motorcycles, but also to other vehicles on the roadway as well. When motorcyclists in Maryland are injured or killed as a result of the negligence of the other driver, they have legal rights and should seek legal representation from a Maryland Motorcycle Accident Lawyer.

U.S. Transportation Secretary Ray LaHood said he will convene a meeting on September 30th to formulate "concrete steps....to make drivers think twice about taking their eyes off the road for any reason," according to the Washington Post. Distracted driving from cellphone usage and texting is becoming an increasing problem on the roadways. Many states have taken steps to ban texting and limit or bar cellphone usage while driving in order to increase highway safety. It is estimated that cellphone use is a factor in 342,000 auto accident injuries and costs $43 billion each year in property damage, lost wages, medical bills and loss of life, according to the Washington Post. A study by the National Safety Council concluded that 1 million people are chatting behind the wheel at any given moment. And studies show that texting while driving is even more dangerous than talking on a cell phone or drinking and driving, according to New York Senator Charles Schumer who recently introduced a bill in the Senate to address distracted driving. The Washington Post reports that, according to a Harvard study, cellphone users are up to four times more likely to be in a traffic accident and, a study by the Virginia Tech Transportation Institute found that truck drivers are at an almost six times greater risk of causing a collision when reaching to dial their cell phones or 23 times more likely to cause an accident when texting.

Locally, the District of Columbia is the only jurisdiction that has a law on the books addressing distracted driving, as it is illegal to drive while talking on a hand-held cellphone. However, the Maryland legislature recently passed a bill to ban texting while driving and that law will be effective October 1, 2009. It is expected that local governments will face increasing pressure to pass legislation to address these issues and attempt to decrease the alarming rate of injury and death on the highways caused by distracted driving.

If you or a loved one is seriously injured as a result of a driver's negligence and you suspect distracted driving played a role, you should consult a lawyer immediately so he or she can begin to uncover what the negligent driver was doing immediately before the crash. At Goldberg, Finnegan & Mester, we have experience with such cases and we would be happy to help you or your family.

For most people, going to the hospital entails a fair amount of stress, pain, and apprehension. Thus, when the caregivers violate the highest precept of their calling ("first, do no harm") hospital visits result in new, deeper pain. A Maryland medical malpractice lawyer can help people who have experienced such trauma with filing a medical malpractice case. Anyone can understand when a doctor or nurse does everything right and can't cure someone. But when a person holding themselves out to be a medical worker departs from the customs and standards of their profession and causes harm to the innocent patient, compensation through the legal system is available and appropriate.

Licensed medical professionals are required to maintain malpractice insurance in certain states. There are two reasons for this requirement: (1) sometimes doctors and nurses will make mistakes that have terrible results, for which compensation is necessary, and (2) some doctors and nurses deliberately or negligently fail to live up to the standards of their oath and must be held absolutely responsible to their patients. Insurance functions as a safety net for doctors and nurses, protecting them from lawsuits and personal liability.

For a successful medical malpractice case, a Maryland medical malpractice attorney must establish the elements of a negligence claim; and a deviation from the standard of care (or a lack of informed consent). The first of these elements is that a legal duty existed, which is established any time that a medical caregiver or facility undertakes care of a patient. Therefore, this element is rarely ever in doubt. Next, the breach of this duty must be established. This means that the caregiver failed to adhere to the standard of care for the profession (or so obviously breached the duty that "the thing speaks for itself"). Establishing this breach usually requires expert testimony to explain what the appropriate standard of care is for the profession (for the specific specialty of the medical doctor). Usually, if a given course of treatment is acceptable within the field, then it is within the standard of care, whereas if a doctor acts on a hunch or decides that he believes treatment should progress in some novel, never-before-seen way, this could fall outside of the standard of care. Even in these cases, the treatment could be within the standard if the doctor can establish that he used methods accepted within the profession.

Next, the breach must be shown to be the cause of the injuries sustained. Therefore, if a patient having a heart attack establishes that the doctor did not properly put a band-aid on the patient's finger that was cut during treatment, that patient can't recover for the heart attack because it was not caused by the negligence, but he might recover for an infection resulting from the band-aid negligence. In addition to being the cause in this way, a Maryland medical malpractice lawyer must also establish the caregiver's actions caused damages, without which no recovery can occur.

A small airplane crashed in Carroll County, Maryland this weekend. The crash occurred shortly after the plane, A Golden Circle Air T Bird II, took off. This is a very light sports plane with the engine and propeller located in the rear. The victims are Robert Kociemba and Letty Williams. Mr. Kociemba is from Davidsonville, MD and Williams is from Edgewater, MD.

The plane took off from the Keymar Airpark (which is privately owned) and crashed just about a quarter of a mile from the airpark. Federal aviation officials are currently investigating the cause of this crash. This is a relatively inexpensive kit type of airplane. Photos resembling the plane and some specifications are set forth below. If you or someone you love is injured in an airplane accident or crash, it is crucial that a Maryland airplane crash lawyer is hired right away. Spoliation of Evidence Letters need to go out to the airport, airplane manufacturer and anyone else possibly involved in the assembly of the aircraft, safety of the aircraft and operation of the aircraft.

Everyone needs to be told that all evidence relating to the crash needs to be preserved and that this includes the aircraft itself, witness statements, video, audio and data files, email correspondence and electronic data. The Maryland lawyers at Goldberg, Finnegan & Mester, LLC can help if you or a loved one are involved in an airplane crash or airplane accident in Maryland, Washington, D.C. or Virginia.