Maryland Injury Lawyers Blog

Before we get started, and since I know many of my friends have a short attention span and won't read this entire blog entry---I want to share with you what are, in my personal opinion, 4 critically important things you should know when buying car insurance in Maryland: (i) Always get as much PIP (Personal Injury Protection) Insurance as you can afford; (ii) Never waive PIP Coverage; (iii) Buy liability/bodily injury insurance in an amount that equals the value of your assets (consider an umbrella policy if necessary for extra protection); and (iv) Be sure to purchase collision coverage and rental coverage. Yes....it is worth paying the extra premiums for this protection. For more information about the various types of Maryland car insurance coverage, visit our website.

There are two types of people--those who have been in a car accident, and those who haven't. Those who haven't been in a car accident are blissfully unaware of the problems and complications that car accidents cause. They don't understand how even minor accidents jolt the body enough to cause minor but persistent aches and pains. They don't understand how inconvenient it is to have to deal with insurance companies, doctors, repair shops and bills after an accident. They don't understand a car accident is not the "jackpot justice" that the media portrays. They usually don't understand how Maryland automobile insurance really works.

Then there's the second group--those people who have been involved in an accident. They understand how even a minor accident can be serious. No matter the size or severity, car accidents have a big impact on our lives--they disrupt our schedules, cause traffic tie ups, disrupt our family routine, and cause us some degree of discomfort, if not outright pain. Whether people in this second group try to handle their own accident claim, or whether they hire a lawyer, they begin to understand the true importance of automobile insurance.

In this post we're going to explain the most important aspects of your automobile insurance policy. It's not just to protect you when you accidentally cause a collision. It's also to protect you when someone negligently causes a collision with you.

Insurance 101

Personal Injury Protection (PIP)
PIP is no-fault insurance that pays very quickly after an accident. PIP is personal--your PIP will pay you (and typically anyone in your car). It is used for all necessary accident-related expenses incurred within three years of an accident, though it is usually used for medical expenses and lost wages. The deadline to apply for PIP in Maryland (for Maryland insurance policies), through your insurance company, is one year from the date of the accident.

It doesn't matter who is at fault in a collision--your PIP policy will pay for your expenses, and using this insurance generally should not raise your rates. By default, every policy of insurance has $2,500 in PIP unless specifically waived. There are strict rules in Maryland about how to waive PIP that include a signed form. Unfortunately, there are no rules about renewal of the PIP waiver. We have seen cases where a client waived PIP ten years ago, and that waiver applies today despite never signing any new paperwork. Importantly, a waiver of PIP does not apply to children under the age of 16, who are always covered by at least $2,500. Recommendation: do not waive PIP. The reduction in your insurance premium is very minimal. In fact, we advise our clients to increase their PIP to the maximum. In Maryland, most insurance companies write policies for PIP (sometimes in conjunction with MedPay) up to $10,000. $10,000 will make it more likely that you can pay for your medical bills after a collision, and will take care of any lost wages from forced time off of work. For more information about Maryland PIP Coverage visit our website.

For smaller personal injury cases involving connective tissue injuries, whiplash, and relatively minor back strains, the amount of PIP coverage that you have is perhaps the most important component in determining how much you can get--in your pocket-- in an automobile claim or automobile lawsuit. This is because Maryland has a rule called the collateral source doctrine. Under the "collateral source rule", you are allowed to recover the cost of damages (like medical treatment and lost wages), even though another source (like your own health insurance or vacation/paid leave) paid for those damages. If you have $10,000 in PIP, and you have $5,000 in medical expenses, PIP will pay the full $5,000. Then, in your lawsuit against the negligent driver you can claim the entire $10,000.00 in medical expenses again including the $5,000 in medical expenses that were already paid by your Personal Injury Protection Insurance. The idea is that the negligent driver should not get a free ride because you dutifully paid your insurance premiums. The at fault driver in a Maryland car accident is responsible for the fair and reasonable value of the cost of the medical care you had to get and for your other damages.

Bodily Injury/Liability Coverage
Bodily injury/Liability Insurance Coverage pays the claims of other people who are injured if you negligently caused the collision. The risk in not having a high bodily injury component is that claimants may try to recover for their injuries through your personal assets. Recommendation: We recommend that drivers have at least $250,000 toward bodily injury. If you have personal assets in excess of that amount, then you should have Liability/Bodily Injury coverage in the amount of your assets/net-worth.

Collision Insurance Coverage
Collision coverage is a provision in your policy for repair or replacement of your vehicle if it is damaged in a collision. I have seen too many cases in which my clients have not purchased collision coverage either because they do not think they will ever be at fault for an accident or because they just dont think they need it. This is a mistake. This coverage is often the only way to get your car fixed quickly after an accident. The at fault driver's insurance carrier may delay in making repairs to your car for a variety of reasons, and without collision coverage, you may be left without a means to get to work if you do not have this coverage. There is more information about Maryland car accident property damage claims on our website.

Rental Coverage
Another level of collision coverage is for rental coverage. This coverage will generally pay for 30 days of a car rental after a collision regardless of who is at fault in the car accident. This is important coverage to have.

Even if the other driver caused the accident, you may have to go through your insurance to get your car repaired, or to get the fair market value if your car was totaled. This could be because the other side's insurance company denies liability, or because they have problems getting in touch with their insured. Recommendation: Get collision coverage and rental coverage for every vehicle that your family is dependent on. If you choose not to purchase this coverage, make that choice knowing that if you are involved in a Maryland car crash, you may not be able to get your wheels back as quickly as you may like.

Fair Market Value
Maryland does not permit accident victims to recover the replacement costs of their vehicle. If your vehicle is totaled, you are entitled to the fair market value--the cost to replace the vehicle in its pre-accident condition. Insurance companies and attorneys rely on several guides to determine fair market value, including NADA and Kelley Blue Book.

Deductible
When you repair or replace your car after an accident through your own insurance, you will probably have to pay a deductible. This is typically $250 or $500 toward the total cost. Your insurance company may try to recoup their costs from the other driver's insurance company. If they do, they will reimburse you for the cost of the deductible. If you hire a personal injury lawyer, he/she should help fight to get your deductible back.

Gap Insurance
If your car is totaled and you do not own it outright, you run the risk of owing additional money on your car after the insurance company (whether yours or the other driver's) pays the fair market value of the vehicle. This can put Maryland Accident Victims a bad situation, particularly if you need to buy or finance a new vehicle. Recommendation: You should check with the financing company or your insurance about Gap Insurance, which will make up the difference between what you owe and the fair market value of your car.

Underinsured Motorist Coverage (UIM)
Underinsured Motorist Coverage is meant to protect you if you are in a collision with someone who has insufficient insurance coverage to pay your medical expenses (or someone who has no insurance). For example, if the negligent driver only has the Maryland minimum insurance of $30,000, and your medical expenses are $100,000, you will end up owing $70,000 in medical expenses. However, if you have $250,000 in UIM, then your insurance company will pay that extra $70,000 (if they agree about the reasonableness of your bills, or if a judge/jury tells finds in your favor). Recommendation: Because a serious accident can be devastating physically and financially, and because so many drivers only carry the minimum of $30,000 in insurance, we recommend that all Maryland drivers have at least $300,000 in UM coverage. This coverage is vitally important because it protects you and resident relatives who live in your household.

Uninsured Motorist Coverage (UM)
Nationally, one in seven drivers (13.8%) is uninsured. In Maryland and the District of Columbia, the number is 15%, while Virginia has 11%. Those figures are based on 2009 data, and it is generally understood that these numbers keep rising with the recession. Because of the risks of being involved in a car accident with a vehicle that is uninsured or with an uninsured driver, the best way to protect your family is through Uninsured Motorist Coverage. UM basically makes your insurance company step in to pay for anything that the negligent driver would be responsible for, up to the limit of your policy. For example, if you are in an accident with an uninsured driver and you have $100,000 in medical bills and lost wages, then your insurance company will pay $100,000 to you if you have that much or more in UM coverage (if your insurance company agrees about the reasonableness of your bills, or if a judge/jury tells finds in your favor). Recommendation: The same rationale applies for UIM coverage (and, UM/UIM is always purchased together). We recommend that all Maryland drivers have at least $300,000.00. It protects you and resident relatives of your household.

There is more information about uninsured motorist claims and underinsured motorist claims on our website.

Contact us

If you have questions about your Maryland car insurance policy, or if you have been in a Maryland, Virginia or District of Columbia car accident, contact us at 1.888.213.8140 or online.

The initial diagnosis of cerebral palsy or mental retardation can be devastating to a family. The parents of children who have developed cerebral palsy come to us with many questions: What will their child be capable of in the future? Will their child be independent as an adult? How do they pay for future medical and rehabilitative care? Could this have been prevented?

Some parents never get these questions answered from their child's doctors, especially because doctors know that many cerebral palsy birth injuries could have been avoided with proper prenatal (before birth) or perinatal (during birth) care. We can help answer some of these questions, as well as others.

What is Cerebral Palsy?
Cerebral palsy is a broad term for disorders that affect the brain and nervous system. A person with cerebral palsy may have difficulty moving, learning, hearing, seeing and thinking. Many of the children we represent have seizures, tight muscles and joints (called contractures), are unable to walk without assistance, have developmental delays, and difficulty eating.

What Causes Cerebral Palsy?
Cerebral palsy is caused by many things that we know about, including:

• Brain infections (for example, viral encephalitis or bacterial meningitis)
• Severe head trauma
• Genetic factors
• Lack of oxygen to the brain

Is Cerebral Palsy Preventable?
Cerebral palsy is sometimes preventable. One often-repeated medical statistic is that ten percent of all cerebral palsy is caused by lack of oxygen to the brain at birth. Even if that statistic is true (there is a cottage industry of health care professionals who masquerade articles as scientific evidence in order to limit the liability of obstetricians), that means that thousands of children born every year in the United States have cerebral palsy because of events at the time of their birth.

For those families, there is one way to know for sure whether a medical mistake caused their child's cerebral palsy. A cerebral palsy lawyer will talk with the parents, order and review the extensive medical records, and hire the best medical experts for an impartial analysis of the evidence. At our firm, there is no upfront cost for this opinion and we only recover our costs and fees if we get money for your child.

Our team, which includes two registered nurse-attorneys, has prosecuted and litigated countless medical malpractice cases. We have the experience to tell you whether your child's cerebral palsy was caused by medical negligence, including:

• Failure to evaluate the condition of the baby
• Failure to identify damaging stress caused to the baby
• Failure to evaluate electronic fetal monitor strips/tracings
• Failure to perform a timely emergency cesarean section

How Much Does it Cost to Care for a Child with Cerebral Palsy?
Every child with cerebral palsy is different. In our cerebral palsy birth injury lawsuits, we hire professional life care planners to review the child's medical records, talk to the pediatric neurologist and other treating care providers, and come up with a care plan for that child's life. The plan depends on the specific needs of the child. The cost of the child's care depends on many things, including the healthcare costs in the area where the child lives and the extent of the care required by the child. It is not unusual for proper care to cost upwards of $6 million, and in certain cases over $10 to $20 million dollars or more.

Children who have cerebral palsy based on a health care provider's negligence deserve the best life possible. With proper medical care and rehabilitative treatment, they can grow up and reach their full potential. It is hard work for the children, their families, and their health care team. But that work is vital because it improves and creates a quality of life for someone who might not otherwise have it. We cannot turn our backs on these children.

If you want to know whether a medical mistake caused your child's cerebral palsy, get a free consultation by speaking with one of our attorneys at 1-888-213-8140, or online here.

For More Information about Cerebral Palsy

• See our Maryland Birth Injury Lawyer page

• Our recent $4 million cerebral palsy verdict

• Mayo Clinic: cerebral palsy overview

• Mayo Clinic: cerebral palsy diagnosis and tests

• National Institutes of Health (10,000 children are born in the United States every year with cerebral palsy)

On Wednesday December 28, 2011 there was a terrible car accident involving a WMATA Metrobus driven by Lenitta Bryant, a resident of Silver Spring. The driver of the pickup truck--Nkonou Ayaovi Edorh-a resident of Silver Spring, MD was tragically killed in the crash. The Washington Post reported that an accident reconstruction crew was t the scene and portions or Rockville Pike were closed until about midnight. Numerous passengers on the Metro Bus were injured and taken to the hospital.

Anytime a bus is involved in an accident, it is important to determine whether the bus or WMATA was at fault. In this case, apparently the pickup truck crossed the median and struck the bus causing the bus to run off of the roadway. At first glance, it seems that the pick-up driver was at fault for this incident. If that is the case, and the pick-up driver is the only at fault responsible party, then many of those injured will likely not be compensated for their injuries if they do not have uninsured motorist coverage (and the fact that they were bus passengers makes it likely they do not own cars and may not have UM or UIM coverage). You see, the pickup truck likely has limited insurance coverage of $100,000 or less (it could possibly be more). This amount is likely all that would be available to those injured and/or killed in the crash. That is why it is very important that an expert in car accidents determine whether WMATA and/or the Metro Bus Operator was at fault for this crash. Unfortunately, WMATA Metro Busses do not carry PIP and/or Medpay and/or Uninsured Motorist Coverage for its passengers. If the passengers have private auto policies that they are covered under, they can likely make PIP/UM claims on those policies. It is important ot know that uninsured and underinsured motorist coverage applies not just to the owner of the an insured vehicle, but also typically it applies to all household relatives. The lawyers at Goldberg, Finnegan & Mester are experienced at investigating serious bus accidents and can help families of those injured or killed in any bus accident determine if there may be pip or medpay coverage available.

If it is shown that WMATA and/or the bus operator was even 1% at fault then under Maryland law WMATA would be jointly and severally liable for all the damages to the passengers on the bus. Thus if any of the metro bus passengers in the crash have serious injuries it will be very important to determine what, if anything, the bus operator could have done to avoid the collision. Perhaps the bus operator could have avoided driving the bus off of the roadway. Our law firm has litigated many cases against WMATA and I can tell you that they fight hard and don't pay settlements unless is is established that they are at fault. I am sure WMATA has its own crash investigators at the scene. These internal crash investigators and accident reconstructionists can be biased in favor of WMATA. Therefore, it is important that anyone who has serious injuries from this crash hire a good personal injury law firm to help determine whether WMATA has any responsibility for this crash. Most personal injury lawyers offer free consultations and charge a fee only if there is a successful recovery in the case.

In conclusion, our thoughts and prayers go out to the families of those injured and/or killed in the crash.

Congratulations to the new Judges appointed yesterday by Maryland Governor Martin O'Malley. The Honorable Robert Neal McDonald has been appointed to the Maryland Court of Appeals (he will replace the Honorable Jospeh F. Murphy, Jr. who is retiring). The Maryland Court of Appeals is Maryland's highest Appellate Court. The Honorable Stuart Ross Berger was appointed to the Maryland Court of Special Appeals. The Maryland Court of Special Appeals is Maryland's intermediate appeallate court. Both the Court of Appeals and Court of Special Appeals are located in Annapolis Maryland.

Have you ever wanted to know how much money Maryland Judges earn? This data is public information available on the Maryland Judiciary Website .

District Court Judge: $127,252 (Chief District Court Judge $149,552)
Circuit Court Judge: $140,352
Ct. of Spec. App. Judge: $149,552 (Chief Judge Ct. Spec. App. $152,552)
Court of Appeals Judge: $162,352 (Chief Judge Ct. Appeals $181,352).

I believe that the judicial salaries for Maryland Judges are just too low and should be increased. It is important that we pay our judge's an amount that is at least within striking distance to what they could earn in private practice. Perhaps not quite as much, but it should at least be close. If the Maryland Legislature chooses not to do this, then the pool of individuals who apply to be judges will be extremely limited and this could result in a bench that is non-diverse and/or not as high quality as it should and could be. I see this as beocming a bigger problem in the future as many highly qualified Maryland lawyers have a huge amount of debt from law school loans and cannot afford to take a large decrease in salary to serve as a Judge. This is unfortunate. I personally believe that judicial salaries for Maryland Judges should be closer to $200,000 per year across the board.

That said, based on my firsthand knowledge and experience as a Maryland Trial Lawyer I can tell you that we currently have an amazing bench ("bench" is lawyer jargon for "judges"). Nearly all of the judges I have appeared before do their very best to make fair rulings consistent with Maryland law and the Maryland Rules of Civil Procedure. I certainly realize that Maryland Judges have made sacrifices in order to serve the public and serve our profession as a Judge.

I have a great deal of respect for our judges and the role they play in our civil justice system and the criminal justice system. Maryland District Court Judges have to sit through hundreds of cases involving relatively mundane happenings like speeding tickets and parking tickets and hear out each citizen's excuse or reason for getting the citation. The District Court Judges that I have observed have an incredible amount of patience and truly understand their role as being there for the citizens of Maryland to make sure that they are treated fairly by Maryland law enforcement.

For more information about the judicial system in Maryland and for access to published opinions by the Maryland Court of Appeals and Maryland Court of Special Appeals go to the Maryland Judiciary Website.

The other newly appointed Maryland Judges include The Honorable Melba Elizabeth Bowen in Harford County, MD, The Honorable David Wylie Densford in St. Mary's County, MD, The Honorable Justin James King and The Hon. Nancy Maggitti Purpura for Baltimore County Circuit Court, The Honorable Anne Korbel Albright and The Honorable Gary Eugene Bair for the Circuit Court for Montgomery County, Maryland, The Honorable William Rogers Kicklas, Jr. in the Circuit Court for Frederick County, and The Honorable William Vincent Tucker for the Circuit Court for Howard County, Maryland.

I am going to provide an overview of the life of a personal injury case that we typically handle at Goldberg, Finnegan & Mester, LLC. First of all, we handle all types of accident cases---car crashes, premises liability cases, slip and fall cases, medical malpractice cases, social security disability cases and workman's compensation cases. Basically if someone is injured we will try to help them (but we do not take all cases). We never charge a fee up front and we only get paid if the client recovers money.

1. Date of Accident. When someone is injured in an accident, it is important to get prompt high quality medical care. One option is to go to the emergency room. Another option is to get an appointment with a doctor or chiropractor within a couple of days of the accident. The longer you wait to obtain medical care after the accident, the better the insurance company's argument will be that you were not injured as a result of the accident. (How many times have I heard an adjuster say "If your client was really hurt he would have sought medical treatment the same day or the next day"). A problem we often see is that people choose not to go to the hospital and instead schedule an appointment with the health insurance provided primary care doctors----unfortunately sometimes clients have to wait up to a month for this initial appointment. This kind of delay in treatment can ruin an otherwise good case. Bottom line---if you are hurt in an accident, get medical treatment as soon as practicable. If you have trouble getting the treatment you need, a good peronal injury lawyer should be able to arrange for you to get the appropriate treatment on short notice.

2. Gathering Evidence. If possible, you should take photos of the accident scene and if it is a car accident, get photos of the damage to both vehicles. If there are witnesses, get their names and numbers. Also, if there are skid marks, photograph them. Maryland accident victims should not count on the police to do a complete and accurate investigation. We have found that police reports are --way too often--wrong, incomplete and full of errors (rarely do they list all of the witnesses). Once you hire a law firm such as Goldberg, Finnegan & Mester, the lawyer will likely take on the task of gathering evidenec to establish liability against whoever was at fault for the accident. The law firm hired typically advances the cost of this investigation, and would be reimbursed when the case concludes if the case is successful (every firm is different in this regard). I believe that it is really important to hire a lawyer as soon as possible after an accident. Trust me----in any significant case involving serious injuries---the insurance companies are engaging lawyers of their own and investigators of their own in order to minimize your chance of bringing a successful personal injury claim.

3. Medical Treatment. Every case is different. In order to maximize your chance of having a successful personal injury case, you should follow your doctor's instructions. If you are sent to physical therapy be sure to attend your appointments. If you are sent for an MRI, be sure to get the MRI. If the insurance company sees that a claimant is not following medical advice, it will use that as a reason to make a low settlement offer. In my opinion, the key to having a good personal injury case is two-fold: (i) you need to get excellent medical care so that you can get better quickly; and (ii) you need to have your medical care documented properly in a way that insurance companies (and defense lawyers) understand. There are many good doctors out there who do a very poor job of documenting injury cases. It is important to have the proper diagnostic codes in the bills/reports. A good personal injury lawyer will know which doctors provide good medical care and also know how to properly treat accident related injuries. It is important that you do not overtreat. NEVER GO TO A DOCTOR FOR TREATMENT IF YOU ARE NOT INJURED. THIS CAN BE CONSTRUED AS INSURANCE FRAUD AND YOU CAN GET IN A LOT OF TROUBLE FOR THIS. In a Maryland car accident case, medical bills get paid through a variety of sources: (i) Personal Injury Protection Payments (PIP Payments), (ii) Health Insurance Payments, (iii) Payments from liability carrier at the time of settlement, (iv) Workman's Compensation Payments, (Medicaid/Medicare Payments. If you have health insurance, you should use it. Many hospitals will try to urge you not to use it and bill your PIP. When possible (and it is not always possible) I prefer to have my clients use their health insurance.

4. Demand/Settlement Negotiations: Once you are done treating for your injuries, the lawyer will put together a demand package to send to the liability insurance carrier (In Maryland this would typically be State Farm, Allstate, MAIF, GEICO, Travelers). Once hte insurance company has the demand package, the ball is basically in their court. It takes anywhere from 2 weeks to several months in order for a insurance company to review and demand package and make a settlement offer. A lawyer can be very helpful in this negotiation stage and, in my opinion, can get the insurance company to basically its highest offer that it is willing to go to pre-suit. If there is additional medical treatment after a demand package is sent, its important to supplement the demand package.

5. Litigation: If the case does not settle during the settlement negotiation stage, the next step would be for your lawyer to file a lawsuit. In Maryland a strategic decsiion needs to be made whether to file in District Court or Circuit Court. LItigating a case in District Court certainly has its benefits----a faster trial date and very limited discovery. The most you can sue for in District Court is $30,000.00. If you sue for over $15,000.00 then the Defendant can (and insurance companies often will) remove the case to Circuit Court. In this day and age, insurance companies often make low ball offers and some cases just need to be litigated in order to get proper compensation.

I hope this information has been helpful. If you have additional questions about your Maryland injury case call us at 888-213-8140 for a free telephone consultation.

Silver Spring Law Firm Wins $4M Negligence Verdict For North Dakota Plaintiff

Jury Finds Midwife Fails to Deliver Baby in Timely Manner, Causing Brain Damage and Mental Retardation

BISMARCK, ND - A Burleigh County jury in Bismarck, North Dakota rendered a verdict in favor of a minor plaintiff for $4 Million against a Certified Nurse Midwife. The jury deliberated for more than ten hours before reaching its verdict, which was rendered Friday evening, November 18.

The lawsuit was filed in 2009 on behalf of the minor child in the District Court for Burleigh County, North Dakota. The suit alleged that while administering the birth, the midwife was negligent in failing to deliver the minor child many hours prior to his actual birth. By that time, the lack of oxygen and/or lack of blood flow to the brain had already caused permanent brain damage. All babies have what's known as fetal reserves, which allows them to withstand the rigors of the labor process. The fetal heart rate tracing lets the care providers know if the baby is doing well: if there are problems on those tracings, then the care providers must act and either resolve the problems or get the baby out of that environment. In this case, the midwife did not do that. The child now has mental retardation and severe behavioral issues, all related to the injury to the frontal lobe of his brain. Lawsuits on behalf of minors require that the child's information be kept confidential.

"There was no reasonable explanation for this delay in delivery," said Christian Mester of the Maryland-based law firm Goldberg, Finnegan & Mester, co-lead counsel representing the minor child. "This midwife ignored the warning signs that were present requiring that our client be delivered. Instead, this midwife continued on, disregarding her responsibility to this patient,"

"This child should be normal. Instead, he requires 24/7 care, and will require this for the remainder of his life," said Lee Bissonette, co-lead counsel of the Minnesota-based law firm of Hellmuth & Johnson.

The trial took place over three and one-half weeks in Burleigh County District Court in Bismarck, North Dakota. "This jury heard testimony from a large number of expert witnesses on both sides," Bissonette said. There was compelling testimony from treating doctors that the child's neurologic problems were permanent and were the result of his brain injury and not other causes propounded by the defense.

"This jury paid attention to every single witness in this case over almost four weeks of testimony," Mester said. "They took their oath seriously and their verdict reflects that they were able to sort out the truth and made sure justice was done in this case. We are so pleased for our client and his mother - this verdict allows for the child to receive the care he requires for the remainder of his life in order to maximize his chance of living as normal a life as possible, given his permanent and disabling injuries." Bissonette added "The courage this mother showed to bring this lawsuit on behalf of her child was great. This verdict demonstrates the jury saw she did the right thing."

Along with Mester and Bissonette, the plaintiff was represented at trial by nurse-attorney Maria Dawson, also of the Goldberg, Finnegan & Mester law firm.
About Goldberg, Finnegan & Mester, LLC
The medical negligence department at Goldberg, Finnegan & Mester, LLC, concentrates in prosecuting complex medical negligence cases. The firm also represents plaintiffs in personal injury matters and pharmaceutical litigation. The firm's principle offices are located in Silver Spring, Maryland and Reisterstown, Maryland. For additional information visit www.gfmjustice.com.

Great News! This week the Maryland Court of Appeals changed the law in Maryland and made it so that those injured as a result of slip and falls on ice and "black ice" once again can win in Court in Maryland. On October 31, 2011 the Maryland Court of Appeals, in a decision by Judge Greene----Mary Thomas v. Panco Management----overturned parts of Allen v. Marriott (and had previously disavowed parts of Allen in Poole v. Coakley & Williams (An October 27, 2011 case). In the Allen v. Marriott case, the Maryland Intermediate Appellate Court ruled that a person who falls on black ice has "assumed the risk" as a matter of law because people should know it can possibly be icy out after cold weather. This was a horrible opinion and it led to many individuals with serious injuries from slipping on ice having their cases thrown out of court. It created a terrible precedent that led to some Maryland injury lawyers not to take slip and fall on ice cases anymore. Insurance Companies stopped paying the cases because they knew that the defendant management companies would win every case in court based on the Allen v. Marriott precedent.

In Thomas v. Panco the Court explained that in Maryland the assumption of risk defense requires a defendant to establish that I. The Plaintiff had knowledge of a dangerous risk, 2. the plaintiff had appreciation of the risk; and 3. the plaitniff voluntarily confronted the risk of danger. Generally the issue of assumption of therisk if for the jury (the fact finder) to decide. But if a person of normal intelligence MUST have understood the danger the issue is for the court. Inthis particular case the trial judge threw the case out based on the defense attorney arguing that Ms. Thomas "assumed the risk" of her injury as a matter of law. The Court of Appeals reversed holding that whether or not Ms. Thomas assumed the risk was a question of fact for the jury to decide. The Court explained that the

"....trial judge ruling on assumption of the risk was incorrect as the issue of Petitioner's assumption of the risk, including her knowledge of the risk of slipping on black ice, and the voluntariness of her conduct in usign the front steps were questions of fact to be resolved by the jury rather than by the trial judge as a matter of law."

The case can be read in its entirety. Assumption of Risk. new case on black ice ot allen.pdf

Anyone who worked in the Vessel of Opportunity program in the aftermath of the 2010 Gulf Oil Spill in Louisiana, Mississippi or elsewhere in the Gulf of Mexico, is likely entited to damages. BP and its contractors (including U.S. Maritime Serivces) in many cases, failed to pay vessel owners for all of the time and days owed under the Master Vessel Charter Agreements (MVCA) signed with the boat Captains. The contracts provide that payment is due from the time the boat is under charter until the time that the boat is decontaminated. If you were only paid for the days that you actually worked, then you were underpaid and you are likely owed money. The boats involved in the clean-up--once they were contaminated with oil, could not be used for any other purpose such as fishing, or charter boating (because the boats were exposed to oil). It is for this reason that the boats are under charter until they are decontaminated. Some of the boats used in the VOO cleanup were actually damaged, and BP still has not paid for the damage to these boats.

A lawsuit has been filed in New Orleans, Louisiana on behalf of Lester Ansardi who is a vessel owner from St. Bernard Parish, Louisiana on behalf of himself and others similarly situated. The lawsuit can be seen here ansardi cpkt.pdf . What is unique about this Gulf Oil Spill Vessel of Opportunity Lawsuit is that it is filed in State Court (Orleans Parish, Louisiana) and not in federal court. Since BP is not a defendant in this lawsuit, it is unlikely that the case will be removed to the Federal MDL Proceeding in US District Court for the Eastern District of Louisiana.

The people who worked in the Vessel of Opportunity Program in the aftermath of the oil spill are heroes. They basically put their health at risk in order to help clean up BP's mess. They also put their boats at risk---which it is important to understand--is the key to most of these people's livelihood. It is, quite frankly, outrageous that these subcontractors have not pay these fishermen the money they are owed. Our law firm works with Finckbeiner & Robin out of Chalmette Louisiana on these matters and is committed to fight hard to get these vessel owners and their crew the money they deserve.

a tractor trailer carrying a large load of lumber overtured on the road in Suitland Maryland near Camp Springs. The road has been closed as a result of this truck accident. Fortunately, it does not seem that there were any serious injuries as a result of this incident. Tractor Trailer accidents in Maryland typically cause very serious and life threatening injuries. Anyone injured as a result of a truck accident should be sure to hire an attorney right away. Truck companies and their insurance companies are well known to play games with the investigation after a serious truck accident. Plus, there are federal regulations that only require truck drivers to keep their driver logs showing hours on the road and hours of rest for a very short time unless a proper preservation of evidence request is sent. These driver logs can contain key evidence that can establish a basis for punitive damages in truck crash cases. After a serious truck accident in which people are injured, truck companies and their insurance companies almost always retain a law firm immediately and will try to get to witnesses first to get statements that help their interests. Truck companies will almost always hire a private accident reconstructionist to gather evidence if it helps the truck companies case, but to be sure evidence is not preserved if it does not help the truck company's case. That is why it is so important that victims of tractor trailer negligence hire a law firm experienced in handling truck crash cases right away----so that your case can be investigated on even footing with the tractor trailer company.

Many of the first responders and clean up workders assisting in the aftermath of the 9/11 Terrorist attacks did not receive compensation because of the very restrictive rules on those eligible for compensation under the 9/11 VIctims Compensation Fund. A new law establishes a medical monitoring/treatment program and compensation for those involved in the response, recovery, and clean up operations after the 9/11 attacks. Our law firm has experience handling claims against funds such as this as we represented several clients pro bono throught the Trial Lawyers Care Project in 2002-2003. That particular fund was administered by Ken Feinberg. Our lawyers currently are representing victims of the Gulf Oil Spill in their claims against the GCCF which is also administrered by Ken Feinberg.

If you or someone you love wishes to make a claim against the new 9/11 fund, our law firm can help. Contact us at 888-213-8140. The initial phone consultation is free and we charge just a 10 % contingent fee on these cases. Call 888-213-8140 and ask for Kevin Goldberg.

The ailments covered by the new law include personal injuries, Aerodigestive disorders and Musculoskeletal disorders and include post traumatic stress disorder (PTSD), lung disease, respiratory disorders, asthmas, COPD, cough syndromes, airway disorders, chronic rhinosinusitis, chronic laryngitis, GERD, sleep apnea, low back pain, carpal tunnel syndrome and otehr musculoskeletal disorders. Unfortunatley, cancer does not seem to be covered by the new fund at this time. The new 9/11 Fund was established by the Zadroga Act and signed into law on 1/2/11 by President Obama. The Justice Department Published rules governing the fund which can be viewed by clicking here. 9.11 Rules.pdf This particular fund is administered by Sheila Birnbaum who is a life long New York Resident.

Unlike the original 9/11 Victim Fund, this new Fund covers those present at the World Trade Center site and any other crash site (including teh Pentagon) and debris removal routes. The time frame is expanded from just 9/11/01 exposures to any exposures 9/11/01 through 5/30/02. People eligible include clean up/debris removal workers, uniformed and non-uniformed personnel and community residents/volunteers. The Fund has $2.775 Billion Dolalrs but only $875 Million is availabel before 2016 (perhaps the rest can be used to help cancer victims). Payments to victims will be subject to reductions for prior compensation, collateral sources, and are TAX FREE!

On Friday September 30, 2011 there was a very important ruling from Judge Barbier--the presiding Judge in the Federal Gulf Oil SPill MDL. The Federal Court ruled that those who were exposed to the oil or the dispersant in the FGulf of Mexico can assert a claim for "medical monitoring costs." However this does not mean that everyone has a medical monitoring costs claim. The Court explained that A claimant would have to have a symptom or direct exposure. For example if a person had a headache, nausea or vomiting after smelling the fumes of the oil or the dispersant, then that person would have a valid medical monitoring costs claim. Then Judge Barbier went on to say:

The B3 Master Complaint alleges that Plaintiffs physically contacted and/or inhaled fumes from oil and dispersants. At least some of the Plaintiffs are alleged to have suffered headaches, nausea, vomiting, respiratory problems, rashes, lesions, chemical burns, etc...Therefore, Plaintiffs who allegedly suffered these affects have sufficiently pled an "injury" giving rise to a cause of action. Moreover, these Plaintiffs who have pled an injury may be entitled to medical monitoring as an element of their damages."

If you, or someone you know believes that they were exposed to oil or dispersant, you should contact a Gulf Oil Spill attorney to discuss your options. Our firm is working with the Louisiana Law Firm of Finckbeiner & Robin on these cases and we are happy to speak with you for fee. Contact us at 888-213-8140 for a free telephone consultation. If we end up taking your case, there will be no attorney fee unless there is a recovery.

If you would like a copy of this most recent Memorandum Opinion email me at kgoldberg@gfmlawllc.com and I will email a copy of the opinion to you.

A new law relating to texting and driving in Maryland goes into effect on Saturday October 1, 2011. The new law makes texting and driving on Maryland roads a primary offense for which a police officer can pull a person over and give them a ticket. The new law clarifies the old texting and driving law and now it is illegal to read or send texts while driving. The two exceptions are if you are texting a 911 emergency related text, it is not illegal and also if you are using a GPS on y our mobile device while driving it is ok. In a nutshell, if a Maryland State Trooper or Maryland police officer sees you reading text messages while driving, reading email messages while driving or sending messages, you will get pulled over and will get a ticket and one point towards suspension of your driving license. The National Highway Traffic Safety Administration says that almost a thousand people are killed each year due to cell phone use (texting and driving). About 16% of those fatalities are under 20 years old.

Another new Maryland traffic law relates to car accident deaths on Maryland Roads. the new law makes it a misdemeanor (a criminal offense) if you drive in a negligent manner and cause a death. Basically, until this new law, if you were negligent and struck a pedestrian in Maryland, you would get just a traffic ticket and may not even need to show up in Court. Now, Maryland Prosecutors will be able to prosecute those who cause the death of another person due to operating a car in a neglgient manner.

As a personal injury lawyer, an interesting development is the expansion of the universe of potential defendants due to texting and driving. For example, if someone is inovlved in a serious car crash and the car accident was caused by a driver texting a work related text or email, then the person injured or killed in the car crash could bring a lawsuit against not only the negligent driver, but also against the employer of the driver becuase the driver was acting as the agent of the employer at the time that the text message was sent. Often, employer have much larger insurance policies than individual drivers.

If you or someone you love was on the premises of the Second GEnesis on Harvard Street in Washington, D.C. at any time within 72 hours of the evacuation you should do the following:
1. Contact a medical professional and tell them you believe taht you were exposed to very high levels of carbon monoxide (aka "CO"). CO is tasteless and odorless so you probably may not even have realized that you were exposed to this toxin. Ask for a blood test to deterimine the level of CO in your blood.
2. Contact a lawyer. The effects of CO Poisoning are often long term and permanent. The lawyers at Goldberg, Finnegan & Mester, LLC can help. Our phone number is 888-213-8140. It is important that a legal professional who knows how to properly work up a brain injury case due to toxic exposure evaluates your circumstances and guides you through this process.
3. Even if you think you are ok, and did not suffer an injury, you should speak with a lawyer. The effects of carbon monoxide exposure may not be noticeable right away and it is important that your rights are protected.

An example of a legal case relating to Carbon Monoxide Poisoning occurred in BAltimore MAryland. Workers and patrons of a steak house were evacuated due to a Carbon Monoxide Leak. This case went to trial in Baltimore City and resulted in a very large multi million dollar verdict for the plaintiffs. It is interesting to note that second genesis issued just a very brief statement acknowleding the toxic leak but stating that the facility is now safe for reoccupancy (I would be weary of this---if the boiler broke once, it could break again). Rather than acknowledging responsibility for the leak, they seem to be saying it was the result of "recent extreme rain events." I just cannot get over the fact that this facility did not have carbon monoxide detectors. RIDICULOUS!!! If you were exposed, call us at 888-213-8140 x102.

There was a very serious carbon monoxide leak at Second Genesis which is a drug treatment facility located in the Columbia Heights area of Washington, D.C. Over 40 individuals were taken to the hospital. It has been reported that the CO levels in the building were as high as 600 ppm (parts per million). This is a very high level of Carbon Monoxide, and anyone who was in the building should be evaluated by a medical professional. Executives from Second Genesis were interviewed by Fox News and indcated that there were not carbon monoxide detectors in the building. This is outrageous and inexcusable, and will likely lead to exposure for punitive damages. Apparently the leak started in the boiler room and possibly involved the furnace and/or a clogged water heater.

Individuals exposed to Carbon Monoxide often develop permanent brain damage and other very serious injuries. Those exposed should contact a doctor immediately as Oxygen therapy and other medical treatments can reduce the long-term damages to the body. Individuals exposed (second genesis workers and patients) shoudl also contact an attorney to discuss their legal rights. Patients have claims against the facility for medical malpractice and common law negligence. Second Genesis employees also should seek legal counsel because they have viable workman's compensation claims in addition to third party negligence claims. Symptoms of Carbon Monoxide poisoning include headaches, dizzyness, nausea, fatigue, agitation, visual changes, fainting and flu like symptoms. Those who were at Second Genesis should make sure that they get a blood test TODAY OR AS SOON AS POSSIBLE to deterimne the level of CO in their blood. Our lawyers are available to discuss potential legal claims for those exposed to Carbon Monoxide at Second Genesis on Harvard Street in Washington, D.C. We can be reached at 888-213-8140.

There was a terrible car accident on Thursday in Rockville Maryland on 355--Wisconsin Avenue. A man named Roberto Nassar was driving on a motor scooter and was stopped at a red light. When the light turned green, a vehicle driven by Mr. Michael C. Dalton from Perkasie, PA crashed into the rear of the motorcycle. Mr. Nassar died as a result of his injuries from the car crash. The Washington POst reports that Mr. Dalton did not immediatley stop and he kept going after the crash with the motor scooter lodged into the front of his car. Criminal charges have apparently been filed against Mr. Dalton for failing to stop at the scene of a car accident invovling death and failure to remain at the scene of an accident involving death.

Our thoughts and prayers go out to the family of Mr. Nassar. The family should know that there are likely Personal Injury Protection Benefits (PIP Benefits) that may pay anywhere from $2,500-$10,000.00 towards funeral expenses. While I am sure that the last thing the family is thinking about is a lawsuit, it is important that the family consider hiring a lawyer or private investigator to gather appropriate facts about the crash, and interview any witnesses to the crash. Unfortunately, car insurance companies take advantage of grieving families by getting a head start on the investigation and getting witnesses to commit to statements that support denial of the claim or, at least in Maryland, an argument of "contributory negligence" which would be a complete bar to recovery. In the State of Maryland, Mr. Nassar's children and spouse would have a "Maryland Wrongful Death Claim." In addition to that, his estate can bring a "Maryland Survival Claim." An important issue that needs to be investigated is the amount of insurance coverage that the vehicle that Mr. Dalton was driving had, and whether Mr. Dalton had an umbrella policy. A lawyer or good private investigator can help get at these issues. Wrongful Death Claims and Survival Claims in Maryland can be complicated. There is a cap on non-economic damages in Maryland (i.e. pain and suffering, scarring, etc) of approximatley $690,000.00 and generally speaking, the total cap for the wrongful death claimants and the survival claim would be approximately $1,035,000.00.