Maryland Injury Lawyers Blog

Did you know that many Veterans who served during the Vietnam War are entitled to VA Benefits that they are not currently receiving? The back benefits owed can be substantial and we urge those who served in Vietnam to contact a Veteran's Disability Lawyer to discuss their claim.

This is because there is an expanding list of health conditions and diseases that the Veteran's Administration attaches a presumption of "service connection" to for Vietnam Veterans. The conditions now include some of the most common ailments in the general population including type 2 diabetes, ischemic heart disease and parkinson's disease. What this means, in a nutshell, is that Vietnam Vets who have these illnesses can claim VA disability benefits and health benefits without having to prove that their condition was connected to Agent Orange Exposure. This new 2010 policy applies to those who served in Vietnam from January 9, 2962 until May 7, 2975.

Call Goldberg, Finnegan & Mester today at 888-213-8140 for a free phone consultation on your rights to Veteran's Benefits.

The decision to add parkinsons disease, diabetes and heart disease to the list of presumed service connected disabilities was made based on an independent study done by the Institute of Medicine titled"Veterans and Agent Orange: Update 2008." It should also be noted that the VA recently indicated it was going to "fast track" the claims process for service connected disabilities due to Agent Orange Exposure.

The list of conditions which receive a favorable presumption for service connected disability benefits now includes:

Type II Diabetes
Heart Disease
Parkinsons Disease
Peripheral Neuropathy
Chloracne
Porphyria Cutanea Tarada
Lung Cancer, Bronchus Cancer, Larynx Cancer, Hodgkins Disease,
Multiple Myeloma
Non-Hodgkins Lymphoma
All Chrnnic B-Cell Leukemias
Certain Soft Tissue Sarcomas
AL Amyloidosis
Certain Birth Defects in Children of Female Vets (including Spina Bifida)

The birth defects that are covered include achondroplasia, cleft lip and cleft palate, congenital heart disease, congenital talipes equinovarus (clubfoot), hip dysplasia, Hirschsprungs disease, hypospadias, hydrocephalus due ot aqueductal stenosis. For more information about the conditions covered for Vietnam Veterans review the document titled Agent Orange Review.pdf

Goldberg, Finnegan & Mester, LLC works with a team of lawyers who provide free consultations to Veterans and their families about the additional benefits that they may be entitled to. Generally speaking the types of benefits include service connected disability benefits, Compensation for Injury or death caused by VA Healtcare Malpractice, Pension Benefits For Veterans with Non-Service Connected Disabilities, and VA Benefits for Family Members of Veterans who served in the armed forces.

Our thoughts and prayers are with the family of Michael George Balcom who died in a motorcycle accident in Gaithersburg Maryland. The incident occurred on Great Seneca Highway and Longdraft Road--not far from Shady Grove Hospital where the motorcyclist was taken before he died. It seems that a BMW driven by Toney Williams Moses made a left turn in front of the motorcycle without yielding the right of way to the motorcycle. Assuming the accuracy of these facts, the crash was not Mr. Balcom's faullt, and his estate and next of kin could bring a negligence claim against the driver of the vehicle that made the illegal left turn.

Those injured in motorcycle accidents often need legal representation because insurance companies and the police often have an unfair bias against motorcycle drivers. Our law firm has experience representing motorcyclits and the families of motorcyclists injured/killed in accidents on Maryland highways. A few things to keep in mind:

1. This crash was not Mr. Balcom's fault. In Maryland a vehicle turning left must yield the right of way to on-coming traffic. That said, it is quite possible that an insurance company will deny this claim and somehow argue "Contributory Negligence" on the part of Mr. Balcom. Therefore, it is crucial that Mr. Balcom's family conduct an independent investigation of the crash. Too often, especially in cases where a driver is killed, the police only get one side of the story and they do not do a thourough and complete investigation.

2. Motorcycles are not required to carry PIP insurance in Maryland. Therefore, it is unlikely that motorcyclists can make a PIP claim for accidents in Maryland.

3. Evidence from the crash scene should be preserved. Photos should be taken of any skid marks.

4. The Maryland Motor Vehicle Administration offers motorcycle training classes to Maryland motor cycle riders. Statistics show that 90 percent of riders involved in crashes did not have formal training. Participation in such classes is not required by law for adults. The MVA also has a Motorcycle Operator Manual available, and it can be accessed by clicking the highlighted link. Motorcycle Operator Manual.pdf

Goldberg, Finnegan & Mester, LLC is happy to give a free telephone consultation to anyone involved in a motorcycle crash and to the family members of anyone killed in a motorcycle crash. If we take the case, there will be no attorney fees owed if there is no recovery. Call us at 301-589-2999 x102

Many of our clients are shocked when we tell them that the law in Maryland negligence cases is that if a person is even 1% at fault in an accident then they are barred from recovery. This is because Maryland is one of only four states in the entire country that has retained the common law pure contributory negligence standard. The other 3 states are Virginia, Washington, D.C., North Carolina and Alabama. Contributory negligence can lead to extremely harsh and unfair results, especially when it comes to children and the mentally ill. I feel strongly that contributory negligence is a harsh and antiquated doctrine that needs to be changed in Maryland. By contrast, in comparative negligence jurisdictions if a person is say 5 % at fault, then the jury verdict would simply be reduced by 5%. This seems to be a much more fair way of addressing negligence claims.

On Monday September 10, 2012 the Md. Court of Appeals will hear oral argument in a case that urges the court to adopt comparative negligence. The case is Coleman v. Soccer Association of Columbia, and involves a person who was injured by a soccer goal that collapsed on him when he grabbed onto the crossbar. The case was tried by my friend and colleague Bruce Plaxen. The jury found that the defendant Soccer Association was negligent for failing to maintain the goal, but that Mr. Coleman was also contributorily negligent. Therefore, although Mr. Coleman was seriously injured, no damages were awarded to Mr. Coleman.

I have seen particularly harsh results in negligence cases based on premises liability such as slip and fall accidents. This is because in these cases, the defendant will always argue that our client was at least 1% at fault for failing to watch where they are going. If Maryland adopts comparative negligence it will encourage landlords and businesses to be more careful and avoid dangerous conditions that cause injuries.

The specific issue that the Court of Appeals will address is "Should this Court ameliorate or repudiate the doctrine of contributory negligence & replace it with a comparative negligence regime?" You can watch a webcast of the oral arguments at 10:00 am on Monday (there are 3 cases scheduled so it may not be starting right at 10 am).

Energy Drinks such as Monster Energy, Rockstar, and Redbull can be extremely dangerous to individuals who have any sort of underlying heart condition. If you or someone you love suffered a heart attack after consuming an energy drink, call us at 888-213-8140 for a free telephone consultation. We believe that energy drink manufacturers may be responsible for injuries and deaths caused by their products because they do not properly warn consumers of the possible dangerous effects, and many companies seem to market directly to children.

There is no doubt that the combination of caffeine, guarana and other herbals supplements in these energy drinks can cause the heart to beat faster. There are documented cases of children having cardiac arrhythmias and/or heart attacks as a result of consuming energy drinks. The Official Journal Of The American Academy of Pediatrics published an article titled "Health Effects of Energy Drinks on Children, Adolescents and Young Adults in 2011. The article concludes that

Energy Drinks have no therapeutic benefit and consuption of the drinks may put some children at risk for serious adverse health effects; (2) energy drinks typically have high levels of caffeine, taurine, and guarana, which have stimulant properties and cardiac and hematologic activity, but manufacturers claim that energy drinks are nutritional supplements which shields them from the caffeine limits imposed on sodas and the safety and testing labeling required of pharmaceuticlas, (3) energy drinks contain other ingredients which are understudied and are not regulated, (4) youth aimed marketing and risk taking adolescent developmental tendencies combine to increase overdose potential (5) high consumption is suggested by self report surveys but is underdocumented in children and (6) interactions between compounds, additive and dose depenedent effects, long term consequences, and dangers assocaited with risky behavior in children remain to be determined.

In my opinion, The theories of liability for holding energy drink companies legally responsible for the injuries they cause may include product liability claims, negligence claims, consumer protection violation claims, failing to warn consumers of dangers, and negligent marketing of their product.

Our lawyers are evaluating claims related to injuries caused by energy drink consumption. Call us at 888-213-8140 for a free telephone consultation.

Ever wonder if those releases that places like Maryland amusement parks, ski facilities (Wisp, Whitetail), and Bounce U make us sign before our kids can participate in activities are valid? Well, I have. In fact until last week, this was an unsettled issue in Maryland because there was no case law directly on point. We now know that a release signed by a parent is invalid as to claims relating to a child's injuries against a commercial for profit facility.

On August 30, 2012 the Maryland Court of Special Appeals issued its opinion in Rosen v. BJ's Wholesalers. This court opinion, written by Judge Krauser, held that a release signed by a parent was invalid as to the child's injury claim against BJ's Wholesalers. In this case a 5 year old child was seriously injured while the kid was playing in the kids play area at BJ's Wholesalers. The agreement signed by the parent, in addition to setting forth rules for the use of the kids play club,

releases BJ's Wholesale from "any and all claims and causes of action" arising from the use of the play center by a member's child and requires a member to "indemnify, defend and hold harmless" BJ's Wholesale from any such claims or causes of action."

In a nutshell, the release agreement purportedly required that the parent and child give up the right to sue if the child was injured and it also had an indemnification clause in it which the Court also held invalid on public policy grounds. The child's parent sued BJ's on behalf of the minor child in Baltimore County Circuit Court, and the trial Court granted BJ's Motion for Summary Judgment based on the release that the parent had signed. The parent appealed this decision to the Court of Special Appeals. The Court of Special Appeals noted that there was no prior case law on this exact issue in Maryland. The Court determined that BJ's, as a commercial for profit establishment, could not alleviate its responsibility for the child's injuries by having the parent sign a release. The Court noted that it was not deciding whether a negligence claim against the State of Maryland or a non-profit would turn out the same way. Instead, its holding is limited to the facts of this case where a child is injured at a commercial for profit facility.

I think that this is a great decision because it will encourage any facility for children to adopt careful safety measures and also to obtain liability insurance. It will also encourage these places to have adequate supervision when children are playing.

To see the entire opinion: Russel Rosen v. BJ's Wholesalers

Families of those who lose a loved one often want to know what the value is of the legal claims that can be brought against those responsible for the death. How in the world can anyone put a value on someone's life? Therefore, at the outset, I am reminded of some words of wisdom that one of Maryland's top mediators has occasionally bestowed upon my clients at mediations involving the death of a loved one:

"We are not putting a value of your son's life, we are discussing the value of this particular lawsuit. There is a big difference."

The bottom line truth is that the value of any death case based on negligence in Maryland is generally limited by Maryland's cap on non-economic damages plus any economic losses that can be established at trial.

In my opinion, the value of most wrongful death claims in Maryland is at least the applicable cap on damages plus any proven economic losses. Of course this value can change if liability is in dispute, if there is limited insurance coverage, or, in extremely rare circumstances if punitive damages can be established and collected.

A few things additional things to consider:

1. The value of wrongful death claims in Maryland is limited by tort reform. Maryland has a cap on non-economic damages. For personal injury cases such as car accidents and slip and falls, the cap is approximately $755,000.00 for any single claim, and the cap is about $1,132,500.0 for all wrongful death claims with 2 or more beneficiaries. Therefore, the amount that can be recovered in any wrongful death case is limited to economic losses sustained plus the cap.

In 2005 there was a special legislative session held, and additional tort reform was passed further limiting non-economic damages in medical malpractice cases that result in death. For medical malpractice cases in Maryland, the cap on non-economic damages for claims arising after 1/1/12 is $710,000.00 for an individual claim, and $887,500.00 for all wrongful death claims.

2. Insurance Coverage. Often times, the value of a wrongful death claim is limited by the amount of insurance coverage the "at fault" party has. Hiring an experienced wrongful death lawyer is important because we are trained to try to identify additional theories of liability and additional defendants which can trigger additional insurance coverage. For more information about this, see an Article I wrote for other attorneys titled Not so Fast...Don't Accept A Low Policy Limits Settlement Offer For Your Catastrophically Injured Client. DOCKG Summer 08trialreparticle.pdf

3. When a person dies in Maryland, multiple claims arise. The estate of the person who dies can bring a survival action on behalf of the individual for funeral expenses, economic losses and pain and suffering that the decedent suffered between injury and death. This survival claim is brought by the Personal Representative of the Estate of the person who died. In addition to the survival claim, the spouse, children and parents of the deceased person each have an individual "wrongful death claim." These "Maryland Wrongful Death Claims" are statutory claims governed by Section 3-904 of the Courts and Judicial Proceedings Article of the Maryland Code.

4. The statute of limitations for wrongful death cases in Maryland is 3 years from the date of death. There is a statutory exception to this rule is for "occupational disease" contracted in the workplace (e.g. asbestos cases). In those cases the statute of limitations can be extended to the shorter of 10 years from the date of death or within 3 years of the date when the cause of death was discovered. TO BE SAFE, ASSUME THAT THE STATUTE OF LIMITATIONS FOR ANY MARYLAND WRONGFUL DEATH CLAIM IN 3 YEARS FROM THE DATE OF DEATH.

5. Choice of Law Can Have A Huge Impact On Case Value. If a Maryland resident dies as a result of a wrongful act that occurs in another State, the Maryland Court will apply the law of that State. This is important because Maryland's neighboring States-Washington, D.C. and Virginia-do not have a cap on non-economic damages in personal injury cases (note: Virginia does have a cap on damages in Medical Malpractice cases). A good wrongful death attorney can help determine whether there are any ways to get around Maryland's cap on non-economic damages by either filing in another state or getting the Maryland Courts to apply another state's substantive law.

6. Punitive Damages: It is nearly impossible to get punitive damages in a wrongful death case based on negligence in Maryland. Generally speaking, the only way to get punitive damages in Maryland is to prove that the act that caused the death was intentional. A problem can arise because once a lawyer establishes that the negligent act was intentional, the liability carrier may take the position that there is no insurance coverage. Unlike many other states, punitive damages are extremely rare in Maryland.

Conclusion: When a loved one dies as a result of someone else's negligence in Maryland, it is important to discuss the legal actions with a personal injury lawyer familiar with Maryland's wrongful death law. The value of wrongful death cases in Maryland is often limited by Maryland's cap on non-economic damages, and by limited insurance coverage. Our job, as Maryland personal injury lawyers, is to help the families of those who lose a loved one to maximize the damages that they recover.

Good news folks! New York's Attorney General has undertaken an investigation of the energy drink industry, and according to the Wall Street Journal, subpoenas have been served on Monster and 5 Hour Energy. This is critically important because the Food and Drug Administration has refused to regulate this industry (they have good lobbyists). Energy Drink makers skirt around FDA regulation by claiming that they are dietary supplements rather than "beverages." Energy Drinks often do not disclose the true amount of caffeine in their product. For example, Monster indicates that it has an "Energy Blend" which includes caffeine but they do not tell consumers how much caffeine is in the product. The product also contains Guarana and Panax Ginseng. Guarana is essentially caffeine, and Panax Ginseng is not supposed to be ingested with caffeine according to the NIH website. Hopefully New York's investigation of this industry will save lives.

Our law firm represents individuals who suffer injury or death as a result of consuming energy drinks. There are scientific articles that conclude that Energy Drinks impact the heart. People with known or unknown cardiac conditions should not be consuming energy drinks. Unfortunately, many energy drinks do not provide an adequate warning to consumers.

For more information about energy drinks see or blog entry from January 28, 2012

To see a Wall Street Journal Article about the AG's investiation click here: Wall Street Journal Article

According to the Maryland Department of Natural Resources, in 2011 there were 6 deaths, 8 injuries, 124 arrests and 23 boat accidents involving alcohol consumption while operating a boat. This week there was a very serious boat accident in Anne Arundel County Maryland. Several children were injured including one who may have a fractured skull. Our thoughts and prayers go out to the children and families of those injured in the boat accident that occurred on Wednesday in Anne Arundel County, Maryland.

According to The Washington Post, A boat operated by Maryland Delegate Donald Dwyer, apparently crashed into a boat full of children (and two adults) on the Magothy River in Anne Arundel County, Maryland. Four were injured including a 5 year old girl who was flown from the site of the boat accident to Johns Hopkins Hospital. According to The Washington Post, Delegate Dwyer may have been intoxicated at the time of the crash, and he even admitted "It is true that I was drinking while operating my boat."

In terms of civil liability for this boat crash, Boat accidents on navigable waters in Maryland are governed by Maritime law rather than by Maryland common law. Therefore, the doctrine of contributory negligence does not apply (not that it would apply to this case anyway---young children cannot be contributorily negligent in Maryland). Hopefully Delegate Dwyer had purchased liability insurance for the boat that he was operating.

If Delegate Dwyer was in fact under the influence of alcohol at the time of the boat crash, then he will likely face criminal charges for this Maryland boat accident as well. In Maryland it is illegal to operate a boat while even under the influence of alcohol or drugs. The applicable law is in the Natural Resources SEction of the Maryland COde at Section 8-738. The penalty for a first offense of driving a boat while drunk is up to a year in jail and a $1,000.00 fine for a first offense. He would most likely only be charged with midemeanors because the only felony would be for operating a boat under the influence of drugs or alcohol that kills someone. The law is set forth below:

§ 8-738. Operation of vessel while under the influence of alcohol or drugs prohibited

(a) Subject to subsection (g) of this section, a person may not operate or attempt to operate a vessel while the person:

(1) Is under the influence of alcohol;

(2) Is impaired by alcohol;

(3) Is so far impaired by any drug, combination of drugs, or combination of one or more drugs and alcohol that the person cannot operate a vessel safely; or

(4) Is impaired by any controlled dangerous substance, as defined in § 5-101 of the Criminal Law Article, unless the person is entitled to use the controlled dangerous substance under the laws of the State.

The USDA Website announced on July 7, 2012 that NJ Company Buona VIta, Inc. is recalling over 324,000 pounds of frozen meat/chicken products because it may be contaminated with Listeria. If you or someone you love becomes sick or is injured because of food poisoning or contaminated food, our lawyers will give you a free telephone consultation to determine whether we can help you or not. Food poisoning lawsuits are generally brought as product liability claims. For more information about this particular beef recall due to possible food poisoning visit this USDA link/news announcement that "New Jersey Firm Recalls Various Frozen, Ready to Eat Meat and Pultry Products Due to Potential Listeria Monocytogenes Contamination."

The Washington Post has reported that A 2 year old foster child in Prince George's County, Maryland (Fort Washington area) was apparently beaten to death by a 12 year old boy. The child who was killed name is Aniyah Batchelor and her biological mother is Stephany Cunningham. Our thoughts and prayers go out to Stephany Cunningham, Aniyah's father and the other friends and family of Aniyah.

This is one of the saddest stories I have ever heard. When a parent has to place their child in foster care, it is the responsibility of the State/County Officials and the foster parents to make sure that the child is in a safe and supervised environment. The foster parents were apparently not home at the time of the incident. Did they really live a 2 year old child unsupervised?? This makes no sense. Sometimes, in my opinion, County officials and judges are too quick to remove children from their natural parents and place them with foster parents. Sometimes removal can occur because of a crazy circumstance or a single accident which, quite frankly, can happen anywhere. But when a child is placed in foster care, County Officials better be darn sure that the foster family is going to provide a safe and loving environment for the child.

Aniyah's biological parents should strongly consider hiring an attorney to investigate a civil lawsuit against county and state officials and possibly even the foster family. It is important that an INDEPENDENT INVESTIGATION be done, and that Aniyah's parents do not rely on State/County investigations because they could be biased in such a way so as to make it seem like County/State officials did nothing wrong. An attorney would likely advance the cost of any such investigation to get to the bottom of what happened here. Aniyah's biological parents also should know that there are strict notice deadlines for claims against counties, the state and local governments. Proper statutory notice would need to be given to the county/local governments within 180 days, and proper notice to the State within 1 year. These deadlines are in addition to the 3 year statute of limitations for wrongful death claims. Our law firm, Goldberg, Finnegan & Mester, LLC would take on a case like this on a contingent fee basis which means that there would be no attorney fee if there was no recovery, and our firm would advance the costs of the case. We can be reached at 888-213-8140.

Those who were responsible for this incident should be held accountable, and if this was not a proper foster care placement then those who dropped the ball should lose their job and face criminal charges for neglect.

On Monday June 25, 2012 a Baltimore City Jury returned a $55 Million Dollar Verdict in a cerbral palsy birth injury medical malpractice case. The lawsuit involved allegations that the obstetrical team at Johns Hopkins should have done an emergency caesarian section earlier than they did, and that as a result of the delay, the baby named Enzo was born with very serious birth injuries including brain damage, and renal failure. Apparently the mother who was 30 years old was going to have a home birth monitored by certified nurse midwives. When complications developed, an ambulance was called and the mom was taken to Johns Hopkins Hospital in Baltimore. The lawsuit alleged that although a C Section was ordered upon arrival, it was not performed until nearly two hours later. The Plaintiffs alleged that this delay breached the standard of care, and apparently the 6 member Baltimore City Jury agreed. Although this was not our law firm's case, we are happy that this child's future needs will likely be taken care of by the medical team responsible for his injuries.

Although the jury verdict was for $55 Million Dollars in this birth injury case, it is important that the public understand that it will be reduced because Maryland has a cap on non-economic damages in the amount of $680,000.00 for this case. Teh Maryland jury verdict included $25 million for future medical expenses, $4 million for lost wages and $26 Million Dollars in non economic damages (pain, suffering and disfigurement damages). Therefore, I believe that judgment will be entered in the amount of about $29,680,000.00 (not for $55 Million). Then, the judge might even reduce the jury verdict based on a defense motion for remittur. Also, the Defendants may file an appeal to the Maryland Court of SPecial Appeals. Bottom line is that the attorneys who handled this case did a great job, and the child who has devastating injuries will likely receive a large sum of money in a "Special Needs Trust" that will cover many of the child's future need costs.

The Maryland Automobile Insurance Fund (MAIF) has two roles--the first is to provide insurance to people who are turned down by other insurance companies. The second, more important function is to provide basic insurance coverage when there is no other coverage available. This is known as Unsatisfied Claim and Judgment (UCJ). Here are two common scenarios:
Scenario 1: An uninsured driver runs a red light and hits a pedestrian lawfully in the crosswalk. Because the driver didn't have insurance, the pedestrian may be able to make a claim through MAIF.
Scenario 2: An unknown driver cuts off an MTA bus, causing the bus to swerve into another vehicle. The negligent driver is never found. People injured on the bus may be eligible to make a claim through MAIF.
As you can see, a MAIF-UCJ claim can be made when the negligent driver's insurance cannot be found or does not exist. It may also apply where the other driver is from out-of-state, and has lower coverage than MAIF. Importantly, MAIF will not provide coverage where the injured person has available insurance, usually in the form of uninsured/underinsured motorist coverage http://www.marylandinjurylawyersblog.com/2012/01/protect-your-family-before-a-m.html (which we recommend--MAIF has very low limits, and we see many people who have medical bills that far exceed the $20,000 minimum).
Amount of Coverage
MAIF provides a maximum of $20,000 per person, and $40,000 per accident for UCJ claims. There is currently a bill before the Maryland legislature to increase these minimums to $30,000/$60,000, which would put it in line with the minimum insurance coverage for Maryland drivers.
Preserving your Rights
UCJ claims are one situation (the other is a claim against a local, state or federal governmental entity) where the victim absolutely should not delay in seeking a Maryland auto accident lawyer. http://www.gfmlawllc.com/lawyer-attorney-1666190.html The reason is that there are strict deadlines governing notice to MAIF. A person who intends to make a MAIF claim usually must present very specific information to MAIF within 180 days (roughly six months) of the accident.
The MAIF-UCJ rules are located in MD. CODE ANN. INS. § 20-601, et seq. Here are some things that are typically required (specific requirements may vary from case to case):
• Proof that the claimant is not eligible for uninsured motorist benefits through his own policy or a policy issued to a family member in the claimant's household
• Certification by the claimant's employer of all lost wages up to the date of the notice
• Evidence of all medical expenses and medical reports up to the date of the notice
• All police or accident reports
Additionally, Maryland Rule 15-804 http://www.lexisnexis.com/hottopics/mdcode/ requires the claimant to request a stipulation from MAIF that the claimant fulfilled all of the procedural requirements before being allowed to file a lawsuit. If the claim is against an unknown ("phantom") driver, the claimant may file a lawsuit against MAIF directly. If the driver is known, the lawsuit must be filed against that driver only, and MAIF will then intervene in the lawsuit.
Contact Us
If you have been involved in a hit-and-run accident, or if you have been in an accident with an uninsured driver, contact our lawyers at 1.888.213.8140, or online http://www.gfmlawllc.com/lawyer-attorney-1662537.html. Remember--there are strict deadlines about MAIF UCJ claims. If those deadlines are not met, you can be forever barred from making a claim for your injuries.
For More Information
• More on Maryland Hit-and-Run Auto Accidents http://www.gfmlawllc.com/lawyer-attorney-1666645.html --steps you need to take immediately after the accident
• More on Uninsured/Underinsured Motorist Coverage http://www.gfmlawllc.com/lawyer-attorney-1666695.html--how it can help to protect you and your family
• Maryland Automobile Insurance Fund website https://www.maif.net/emaif/home.html

If you suffered economic losses or property damage as a result of the 2010 Gulf Oil Spill you need to make yourself aware of the the details of the recent class action settlements, as the deadline to opt out of the settlement is October 1, 2012. The settlements are complicated and there are numerous deadlines to be aware of. It is a good idea to hire a lawyer to help with your claim---and most lawyers do not charge a fee or costs unless there is a recovery in the case (you will not have to pay the lawyer until the end of the case). Here are some important details:

1. Even if your claim was denied by the GCCF you still may have a valid claim under the class action settlement. In other words, if you or your business suffered economic losses as a result of the Gulf Oil Spill, you should strongly consider participating in the class action settlement and submitting a timely claim form.

2. Claim Forms will be available June 4, 2012, and claims can be submitted right away. Payments will be made on a rolling basis. That means that the sooner your claim is submitted, the sooner you will be paid.

3. The deadline for submitting claims under the settlement depends on whether you have a claim in the "Seafood Compensation Program" (e.g. commercial fishermen, deckhands, oystermen, shrimpers, etc.). For Seafood Compensation Program Claims, the deadline to submit the claim will be 30 days after the Court grants final approval to the settlement. We do not yet know when this will happen---but it will likely be shortly after the "fairness hearing" that is scheduled for November 8, 2012.

For economic loss and property damage claims that are not involved in the Seafood Compensation Program the deadline for submitting claims is April 22, 2014 or six months after the Settlement becomes effective (after final court approval and any appeals are resolved), whichever date is later.

4. For some potential claimants who are members of the class, it may be beneficial to "opt out" of the Gulf Oil Spill Settlement. To Opt out of the BP Settlement you must mail your written request to Opt Out stating "I wish to be excluded from the Economic & Property Damages Class" by October 1, 2012 to Deepwater Horizon Court-Supervised Settlement, Exclusions Department, PO Box 222, Hammond, LA 70404-0222. You cannot opt out by phone, email or on the website. If you choose to opt out of the economic class action BP Settlement you must opt out for all claims you have. Opting out is an important decision that each individual/business needs to make carefully and with a full understanding of the consequences. An attorney can be very helpful in this regard.

5. A great resource of information about the Gulf Oil Spill settlement with BP is the court notice of settlement.pdf

6. The Court recently issued a court notice of settlement.pdf to potential class members explaining their options and providing information about the settlement. The notice packet also contained Zone Maps 5.20.12.pdf for the impacted areas (Texas, Louisiana, Mississippi, Alabama and Florida). The Court has indicated that if potential claimants have questions they can go to deepwaterhorizonsettlements.com or call 1-866-992-6174.

Another good resource for information about the settlement is on our website.

Does your child have difficulties in school and/or evidence of a neurological injury that has not been medically diagnosed? Unexplained behavior propblems? Well, it is possible that your child has lead poisoning. You see, until this week, children with blood/lead levels of less than 10 mg/dl were not thought to have lead poisoning. The standard for the diagnosis has changed to 5 mg/dl and this means that the number of children with lead poisoning related brain damage is likely as high as 450,000.

This week the Center for Disease Control announced lowered the threshold for lead poisoning in children from 10 mg per deciliter to 5 mg per decilitres. This means that about 450,000 children in the United States have "lead poisoning." In the upcoming months, many parents will be getting the devastating news----that their child has lead poisoning. Our lawyers can help hold those responsible for the lead poisoning of our children responsible so that these children's future medical and educational needs can be met, and the impact of the brain damage on their lives and futures can be minimilized. Call us at 888-213-8140 for a free lead paint poisoning phone consultation.

The CDC has published a short brochure about what parents need to knwo to protect their children from lead paint poisoning.

Exposure to lead paint causes serious brain damage, lowers IQ levels, and causes other neurological injuries. Until recently, it was generally assumed that if blood lead levels were below 10 mg per deciliter there was no need for concern. Recent studies have shown that children with blood lead levels of even 5 mg per deciliter of blood are at great risk for permanent brain injuries and lower IQ's. The Advisory Committee for Childhood LEad Poisoning Prevention issued a report in late 2010, and this report has made recomendations to the CDC.

The Center for Disease Control has also specifically acknowledged that "no safe blood lead level in children has been identified."

Children who acquire lead poisoning generally get it from living in older homes that are dilapidated or under construction. Lead has been banned in paint since 1978. Children can also get lead poisoning in their blood from soil exposed to lead based gasoline, from certain toy jewelry and other toys that contain lead, and from dust on shoes from industrial worksites. Parents should remove recalled toys and jewelry from their homes and stay up to date on recalls by visiting the Consumer Product Safety Commission Website. . Lead can also be found from water pumped into homes through leaded pipes, imported items such as clay pots, and certain imported home remedies.

Call us at 888-213-8140 or email us for more information about how we can help you with your lead paint lawsuit in Maryland, Washington, D.C. or Virginia.

The BP Gulf Oil Spill Settlement for those directly involved in the harvesting of seafood is complicated. There are a lot of rumors floating around the fishing communities in Louisiana and elsewhere and it is important that those involved in the Gulf Seafood industry understand the facts when it comes to this settlement. HEre are some of the things that you should know:

1. $2.3 Billion Dollars has been set aside to compensate seafood crew, oyster lease holders, boat captains, and commercial fishermen for losses suffered as a result of the Gulf Oil Spill.

2. The categories of compensation are: (i) Shrimp, (ii) Oysters, (iii) Finfish, (iv) Blue Crab/Other Seafood and (v) Seafood Crew. Under each category there are various compensable claims. For example, under "Oysters" a separate claim can be made for oyster leaseholder interest, oyster leaseholder lost income, oyster vessel owner claims, and oyster boat captain claims.

3. This is very important: Seafood Compensation Program Participants must file a single sworn claim form seeking compensation for all claims. You cannot make multiple claims under the seafood compensation program.

4. The Seafood Compensation Program under the authority of the Court and Neutral John W. Perry, Jr.

5. For all participants of the Seafood Compensation Program there will not be an offset for compensation received in connection with the Vessel of Opportunity Program (VOO Program).

6. DEADLINE: The Seafood Program Claim Form must be submitted no later than 30 days from the date that the Court enters its Final Order and Judgment.

7. Claimants who make a claim under the Seafood Program may also make a claim a separate claim for compensation under the Economic and Property Damages Settlement Agreement.

8. A friendly warning---the formulas for compensation under the Seafood Compensation Program are quite complicated. The Seafood Compensation Program is set forth in detail in Exhibit 10 to the Settlement Agreement and it is about 85 pages long. It is my opinion that it is a very good idea to consult with an attorney and/or accountant for the preparation of your claim.

9. Generally speaking, Charter Boat Operators will not be eligible for compensation through the Seafood Compensation Program. Their claims for economic loss would be made outside of this separate funded program. HOwever, if a Charter Boat Operator also is a commercial fishman and earns money off shrimp or oyster, then he could make a claim under the Seafood Program for those losses.

10. Shrimp Boat Captains/Shrimp Vessel Owners can choose anyone of four methods to be compensated (Expedited, Reduced Expedited, New Entrant or Historical Revenue Method). Under the Expedited Compensation Method--Qualifying Shrimp Vessel Boat Owners/Lesees will receive between $104,063.00 and $582,750 depending on the size of their ship. (these amounts include the risk transfer premium of 8.25). Qualifying Shrimp boat captains will receive between $92,813 and $288,750.00 depending on vessel size under the expedited Compensation Method for Shrimpers.

11. Oyster lease holders can make two types of claims. Leaseholder Interest Compensation and Leaseholder lost income compensation. Oyster Harvesters can make a claim for "Historical Revenue Comensation." Eligible oyster leaseholders will receive either $2,000 per acre, $1,000 per acre or $400.00 per acre depending on whether they are in Zone A, Zone B, or Zone C. The formulas used to calculate Oyster Leaseholder Lost Income is complicated in that it looks at benchmark revenue, then adjusts for change in the 2010-2011 season, then uses an oyster loss percentage of 40% and multiplies by a Risk Transfer Premium of 8.75. Final Compensation is hte base compensation amount plus the base compensation amount mutiplied by 8.75.

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