Maryland Injury Lawyers Blog

Many businesses in Maryland, including restaurants, seafood distributors, and seafood wholesalers are beginning to feel the economic impact of the Gulf Oil Spill. Seafood prices are already on the rise, and many small businesses are hesitant to pass these price increases on to their customers. What this means is that many businesses in Maryland are suffering lost profits as a result of the BP Gulf Oil Spill in Louisiana. Another aspect of the BP oil spill's impact on Maryland food industry is that customers are hesitant to order shrimp, oysters and other seafood that is known to originate from the Gulf of Mexico. This decreased supply, coupled with the price increases, is leading to lost revenue and lost profits for those involved in the Maryland Seafood industry. Goldberg, Finnegan & Mester, LLC is representing businesses and restaurants in these cases--bp oil compensation claims, and we will assist your business in documenting its losses and making a proper claim with the BP Oil Compensation Fund. Take the example of a restaurant in Bethesda, Maryland that serves seafood and other delicacies. First of all, many people are not eating seafood because they are afraid it is tainted from the oil in the Gulf of Mexico. Therefore, customers of that Maryland restaurant may not dine there, and instead will eat at a burger joint down the street that does not serve seafood. This is one aspect of the lost revenue/profits that Maryland restaurants have as a direct result of the BP Oil Spill. Then there is the issue of the cost of seafood. The cost of seafood is already on the rise. The price of crab and shrimp has apparently increased significantly in the past month or so (despite the fact that crabs in the Chesapeake Bay are plentiful this season). As the price of seafood goes up because of the Gulf Oil Spill, many Maryland restaurants are going to have to decide whether to pass the price increases on to their customers, or to absorb the cost. Either way, the result is going to be a smaller profit margin and a lost business opportunity. Maryland Sushi restaurants are also impacted by the Gulf Oil Spill. We currently represent over 100 clients from Louisiana and Maryland who have been impacted by the BP Gulf Oil Spill. These clients include charter boat operators, commercial fishermen, oystermen, shrimpers and small businesses. Many larger stores that sell seafood (e.g. supermarkets) have opted to cease selling Gulf Shrimp out of fear. This impacts a lot of people including those seafood salesmen who sell the shrimp. It is also getting harder and harder to get new seafood from the Gulf of Mexico, and many are having to opt for latin American seafood which is less desireable from the standpoint of most Maryland consumers.

My advice to Maryland businesses impacted by the BP Gulf Oils Spill: Keep meticulous records of any lost revenue and lost profits. Documentation is going to be very important. Keep track of customer comments and questions about the quality of the seafood, and their concerns about whether it is tainted. We believe that time is of the essence. While $20 Billion Dollars sounds like a lot of money, the scope of this disaster is unprecedented, and we think it is important to make a claim as soon as possible to be sure that compensation is received before resources are depleted. Call us for a free consultation about what we can do for your business. We will represent your business against BP and other responsible parties on a contingency fee basis (meaning no attorney fee unless there is a recovery). As you may be aware, BP is in the process of setting up a $20 Billion Dollar Fund that claims can be made against. This is going to be administered by Kenneth Feinberg, an attorney who previously handled the 9/11 Victim Compensation Fund. Our law firm represented numerous victims in their claims against the 9/11 Victim Compensation Fund, and we feel that we know what the decision makers are going to be looking for when deciding on the amounts of awards from this fund. It is our understanding that if your Maryland business makes a claim against this fund, once the award amount is determined, your business will have to make a choice and either accept the award and sign a release, or reject the award and pursue the claim in Court.

We are interested in hearing about how your Maryland business has been impacted by the Gulf Oil Spill. Please email me at kgoldberg@gfmlawllc.com or call at 301-589-2999 x102. For more information, visit our website at http://www.gfmlawllc.com/Maryland-Lawyer/Oil-Spill-Attorney/

Resolving a wrongful death claim in Maryland can be complicated. In Maryland a wrongful death lawsuit must include all potential wrongful death beneficiaries as either plaintiffs or use plaintiffs. Otherwise any wrongful death settlement could be vacated. Therefore, an attorney filing a wrongful death lawsuit in Maryland must name those who could possibly qualify as wrongful death beneficiaries as "Use Plaintiffs" even if the lawyer does not represent those individuals (See Maryland Rules on Wrongful Death Claims at 15-1001). This is quite different than how such claims are handled in most other States. On Friday May 26, 2010 the Maryland Court of Special Appeals (the intermediate level appellate court) issued a reported opinion in Williams v. Work & Ace American Insurance Company. The case serves as a reminder to lawyers and claimants about how wrongful death cases should be handled in Maryland.

The facts of the case are quite complicated. In a nutshell, a man died in a car crash on 9/12/02 while he was driving his work vehicle, and he was rear ended. He was survived by his wife (Lori Williams) and their 3 minor children. The decedent also was survived by two children from a prior marriage. State Farm insured the negligent driver who rear ended the decedent, and the insurance amount was only $100,000.00. State Farm offered its $100K policy limit to settle the claim with the man's wife and children from the second marriage. There was additional uninsured motorist coverage with Ace (also known as underinsured motorist coverage). The wrongful death claim case was settled as to the estate and the 3 children of the decedants wife for a settlement of $850,000.00 ($100,000 policy limit from State Farm and $750,000.00 in Maryland underinsured motorist benefits. Curiously, an amended complaint naming the use plaintiffs was not filed with the Court but was apparently served on the Use Plaintiffs (the kids from the first marriage). The Circuit Court (Trial Court)approved the settlement and entered judgment. After this first settlement, suit was filed by the two children from a prior marriage. They also tried to re-open the first case in order to get their share of the wrongful death recovery.

This opinion from the Court of Special Appeals in Maryland reminds lawyers that all beneficiaries in Maryland Wrongful Death lawsuits are real parties in interest. The Maryland Appellate Court vacated the judgment since the two children from the prior marriage were not included as Use Plaintiffs in the lawsuit and their rights were not accounted for in the settlement. As the immediate past president of the Maryland Association for Justice, I am proud that in footnote 1 on page 2 of the Judge Kenney's opinion, MAJ's Trial Reporter Magazine Article published by Robert Michael titled "The Use Plaintiff In Maryland Wrongful Death Cases: Some Ethical Observations" is cited and recommended to all Maryland lawyers handling wrongful death cases. It is important to remember that a wrongful death claim is a statutory claim (not a common law claim) and therefore, a careful reading and understanding Maryland's Wrongful Death Statute is necessary. The statute of limitations for a wrongful death claim in Maryland is 3 years from the date of death. To see the full opinion, click here.