Maryland Injury Lawyer

Maryland Injury Settlement: City Of Baltimore Approves $340,000 In Settlements

Mon, 14 May 2012 13:05:00 -0500

A traffic accident involving a Baltimore City Fire Truck that left three people dead in December of 2007 has finally been resolved by the City. On Wednesday May, 9th, The City's Board of Estimates voted unanimously to give relatives of the victims $40,000 to split, as well as awarding a combined $300,000 in two other cases regarding City vehicles.

The accident occurred early on a Sunday morning when a fire truck was responding to a call about smoke in an apartment building that turned out to just be burning food. According to Police at the time, the fire truck failed to stop or even slow down as it approached a red light at the intersection of Clarks Lane and Park Heights Avenue, colliding with a car that was crossing through the intersection. Even though the truck had it's siren and lights on, the State of Maryland requires all emergency vehicles to stop at red lights to make sure they are clear before passing through.

The accident killed Mikhail Petrov, 35, his wife Iryna, 49, and their friend Igor Saub, just 24. Of note is the relatively low financial reparation considering the tragedy in question. $40,000 is the maximum amount of money that the City can award in cases involving police or fire fighters responding to an emergency at the time of the accident. Attorney Alex Poboresky says that the families have received additional funds from their insurance company, but would not disclose how much.

Criminal charges were not filed against the driver of fire truck, as the state does not recognize gross negligence by police or fire fighters that are responding to emergency calls.

The other two cases settled by the City on Wednesday featured much higher payouts even though the results of the accidents were not as extensive. Paris Butler has been granted $200,000 by the City for being hit by a municipal vehicle and suffering "extensive injuries" while waiting at a bus stop. The driver of that vehicle was deemed to have passed out or been asleep at the time of the accident. Timothy O. Morgan received $100,000 for another accident with municipal vehicles, but details regarding that situation are limited.

What makes this story so interesting is the $40,000 cap set on settlements involving vehicles that are responding to an Emergency. It is understandable that the City would offer some sort of legal immunity to the drivers or emergency response vehicles preventing them from being charged criminally, but there is no obvious reason why there would also be a financial cap associated with these cases.

There is no question that a fire truck responding to an emergency is more dangerous than a normal municipal vehicle. But the city acknowledges that the drivers have been instructed to stop at all red lights to determine that the intersection is clear before going through it. The Police determined that the driver failed to do this, and that led to the deaths of three individuals. It feels incongruous that the victims of a far more serious incident are receiving a substantially smaller settlement just because the City has restrictions in place that without explanation of their intent, seem unnecessary.

Details of the settlement from the Baltimore Sun.

Important Things to Remember After Car Accidents

Wed, 11 Apr 2012 17:12:25 -0500

Auto accidents can be frightening - especially when you are a passenger and have no control over the vehicle. Quickly contacting an experienced personal injury lawyer is an important precaution to help you preserve your right to compensation when one or more drivers have been negligent, causing you injury.

While this blog answers questions about Maryland accidents, our firm has a team of Virginia accident lawyers and DC accident lawyers ready to assist you.

After a collision, it is a perfectly normal reaction to want to tell ourselves and those around us: "I'm okay." But keep in mind that even if you don't leave the scene of an auto accident in an ambulance, you may have injuries you aren't aware of and that even slight pain or muscle tightness you may feel the day of the accident can be much worse a day or two later.

Gathering as much information as possible and contacting an auto accident lawyer as soon as possible will help you preserve your right to compensation for damages. You may be able to recover a significant settlement to pay:

∙ Medical bills
∙ Lost wages, including future wages
∙ Pain and suffering
∙ Emotional distress and
∙ Loss of enjoyment of life

At the time of the accident, if your injuries permit, as a passenger you will want to gather the same information as you would if you were a driver. Collect phone numbers, insurance and driver's license information; quickly get any names of witnesses; draw a diagram of the crash and take note of weather conditions. If a police officer is called to the scene, make sure to get his or her name and contact information.

Witnesses can be particularly important to establishing which of the drivers (possibly more than one) was negligent and will bear the responsibility for compensating you for your injuries. The meticulous documentation process continues after the accident. You should keep careful track of your medical bills (including other therapists like chiropractors, physical therapy and massage) and any time and wages lost from work. Make sure to get a doctor's disability note if you are going to miss work because of an auto accident injury. This can help preserve your employment as well as document the injury for which you are seeking compensation.

An experienced personal injury lawyer will consult with you for free and accept promising cases on what's called a "contingency" basis. That means you won't owe legal fees unless your auto accident attorney collects damages on your behalf.

If you are located in Maryland and are looking for representation, contact an experienced Rockville Criminal Lawyer for a free consultation.

Medical Mistake? Here's what you need to know.

Thu, 29 Mar 2012 15:37:26 -0500

Every year, millions of medical procedures are performed in the United States; while the majority of these medical procedures go smoothly and without incident, mistakes can and do happen. When mistakes are the consequence of a physician or other medical professional's error and result in injury, illness, disability, or death, you and/or your loved ones may have a claim for medical malpractice and will want to consider the help of a Maryland medical malpractice attorney.

The loss or injury of a loved one takes a severe emotional toll that often results in lost wages, depression, and psychological distress. Parents, children, spouses, and partners are left reeling from the shock and pain. In addition, post-error treatment stemming from medical mistakes can be incredibly costly, draining financial resources and further destabilizing families.

It's important to understand that you may be entitled to monetary damages for past and future lost wages, emotional suffering, loss of companionship, loss of enjoyment, pain and suffering, and medical bills in excess of the original treatment. While those responsible for the error will often pay for medical expenses, these payments fail to address the emotional pain for which you have a right to seek compensation.

A Maryland personal injury attorney qualified in litigating medical malpractice claims can help you navigate these situations. By filing a timely claim on a "contingency basis" (your attorney only collects payment if he or she wins your case), you hold accountable those responsible for the fatal medical error, collect deserved compensation, and ensure that others in your situation are protected from paying the painful price of damaging or fatal medical mistakes.

Medical malpractice isn't something you expect--you tell yourself that it couldn't happen to you or your loved ones. You hope that when you or your spouse, child, or parent is under the care of medical professionals it will be the safest care possible because the professionals will follow all protocols for accuracy and well-being. Keep in mind that most procedures are safe and that numerous best-practices help to assure you of the same. In other words, you should have confidence in your health care providers. However, while we rightfully trust in our medical system to heal and make us well, practitioner negligence can alter our lives in an instant. If you believe that you have been the victim of a medical error that left you or your loved ones injured as a result, you may have legal recourse and a right to compensation.

This post was written by Price Benowitz LLP, a Washington, DC based personal injury firm. Chamille Kittles, DC personal injury attorney, is in charge of the personal practice at Price Benowitz LLP.

Slip and Fall Accident: The Legal Issues That Come With It

Thu, 08 Mar 2012 10:27:25 -0500

Slip and Fall Injuries are much more complex than what people would normally consider. Without seeking an experienced Phoenix slip and fall lawyer to help you with your situation, you might not have the proper protection you need to get the compensation you deserve.

Not only are these injuries sometimes permanent injuries, they can also be very costly. There are many factors that go into proving that there was some sort of negligence on the premises where the injury occurred.

Slip and Fall Legal Issues According to Arizona Laws

Frequently, a property owner in premises liability claims will argue that the injured victim should have seen the hazardous condition that caused the slip and fall. This claim can be weak, considering that retailers often distract customers from watching their steps. Business or property owners use eye-catching advertising and packaging to encourage customers to focus on the products rather than on the floor.

Another important slip and fall legal issue involves the "status" of the visitor or customer on the property. Owner liability will depend on what type of visitor the injured person was when injured: invitee, licensee, or trespasser.

Invitee. If a property owner invites a person to enter the property, he or she may be liable for failure to have "reasonable care" in keeping the premises safe. Examples include supermarket and retail store customers and, in Arizona, guests of an apartment tenant or motel guest.

Licensee. A licensee is not a customer, employee or trespasser; does not have a contract with the property owner; and is allowed by the owner on the property. A social guest at a home is considered a licensee. The property owner is liable for injury to a licensee for "willful or wanton" injury, for hidden dangers, and if the guest is not adequately warned about dangers.

Trespasser. A trespasser enters someone else's property without permission, like a burglar or other unwanted guest. A business or property owner is least liable for the injury of a trespasser compared with the other categories of visitors.

A trespasser is clearly defined, but figuring out whether the injured person was an invitee or licensee according to Arizona law can be difficult. The best thing for you to do if you are involved in a slip and fall injury in Arizona is to contact an experienced Slip and Fall Attorney to help protect your rights.

Are Electronic Cigarettes Dangerous Products?

Thu, 23 Feb 2012 08:37:13 -0500

I recently read an article where an electronic cigarette exploded in a Florida man's mouth, causing him to suffer severe burns and permanent disfigurement to his face and mouth. The gentleman lost some of his front teeth, lost a part of his tongue and sustained burns to his face. Results of the Fire Department's investigation showed that the electronic cigarette's battery flew out of the tube during the explosion and caused the closet, carpet and other furniture in the room to catch on fire. Firefighters described the event as someone trying to hold a bottle rocket in their mouth when it goes off! The exact cause of the explosion remains unknown; however, the battery is the main culprit fire officials are looking to.

Inherently, our laws protect consumers from injuries caused by products and hold manufacturers, distributors and retailers (who make millions of products available to the consumer public each year) responsible for the injuries their products cause. When you are injured by a product due to either a manufacturing or design defect or a failure to provide adequate warning for a product you can bring a products liability claim against the manufacturer, distributor or retailer responsible. In a products liability case, the responsibility lies with the party who can most effectively reduce the hazard of the product before it reaches the marketplace. This is because manufacturers can better anticipate hazards associated with their products and guard against these hazardous conditions than consumers can.

Manufacturing defects are those that occur in the manufacturing process and usually involve poor-quality materials. Design defects occur where the product design is inherently dangerous no matter how carefully the product is manufactured. Failure-to-warn defects arise in products that have hidden dangers that could be avoided through adequate warnings to the consumer. For any of these defective conditions, companies are held to a standard to fix any defects prior to placing their product in the marketplace. This is the cost for these companies to do business. More information is required as to what went wrong with the battery in the Florida man's electronic cigarette, however, it appears he may have a claim under any of the three (3) theories.

Many who sustain an injury as a result of a defective product, such as this Florida man, suffer severe consequences and are entitled to recovery for their medical bills, permanent disfigurement, lost wages, pain, suffering, inconvenience and mental anguish. If you have been hurt due to a product put on the marketplace notwithstanding a manufacturing defect, a design defect or an inadequate consumer warning you should contact a skilled products liability attorney to consult with on your case so they can assist you in navigating through the claims process with the at-fault company and their insurer.

This blog post was written by Maryland and Washington DC accident lawyer Chamille Kittles. Price Benowitz LLP is a full service law firm with offices across DC, Maryland, and Virginia. In addition to Ms. Kittles, the firm's personal injury team includes Rabihah Scott and Virginia accident lawyer Thomas Soldan.

Pedestrian Accidents and the Right of Way

Thu, 16 Feb 2012 10:51:35 -0500

One of the most misunderstood concepts of law is the right of way granted to pedestrians. It's not something we learn as kids, but our parents do give us the basic about crossing streets and things of that nature. When I first learned to drive, my entire graduating class was in Driver's Education Class during the first semester of our junior year. Some of us took the class very seriously. Others could care less about the rules and were more concerned about how long it would take to pass the test and start driving. I remember the last day of class after we each passed and got a learner's permit, the teacher said, "remember to yield to the right of way and be safe". That stuck with me. I felt I had to be responsible.

I have always been a cautious and careful driver, but I was never quite clear on which variation of yield to the right of way for pedestrians I should follow. I was always conservative and stopped whenever possible. As I got into driving and read up on the actual law about the pedestrian's right of way, I was amazed. Clearly there are crosswalks and stops signs where pedestrians are expected to cross. In situations where there is a crosswalk or other traffic control device, there is an absolute obligation to yield to the pedestrians that are safely crossing the street.

With all that being said, we live in a society where people are consumed with personal convenience and a sense of entitlement. Many people walk around texting, listening to music, and not paying attention to the things going on around them. Although they are not operating 2000 pound machines, they are interacting with them (and often in a scary and dangerous way). Pedestrians tend to forget that they are also obligated to follow the rules of the road.

As I walk around the Nation's Capitol, I see so many people crossing against the direction of the light. I see people darting out from in between parked cars because they didn't want to walk ten feet to the corner and the crosswalk. These very same people also believe that they have the absolute right of way. By absolute right of way, these pedestrians believe that should a car hit them because the car could not stop on a dime, the driver will be liable for their damages.

Realistically, both drivers and pedestrians have to share the road. In order to do this properly everyone has to follow the rules of the road. Pedestrians do have the right of way when traffic control devices indicate that they can cross. Drivers need to pay attention to these signs and obey them as they travel. If everyone would pay attention and follow one simple rule, there would be a few less traffic accident and fewer injured people.

If you or a loved one followed the rules and were hurt, call an experienced car accident attorney to examine your legal rights.

This blog post was written by Maryland and Washington DC Accident Lawyer Rabihah Scott. Price Benowitz LLP is a full service law firm with personal injury and criminal defense practice groups. The firm also has a Virginia accident lawyer, Thomas Soldan, who represents clients in northern Virginia.

Workplace Accidents and Injuries

Wed, 08 Feb 2012 10:13:01 -0500

It has become my daily practice to surf the net scouring for knowledge and interesting tidbits. I love knowing random things. This quest for knowledge often leads me to interesting stories. It leads me to pieces that make me laugh and feel good. On other occasions, I read shocking events and I am mortified that such tragedies could occur. When I read these stories I shake my head and think that clearly some people are a lot more malicious and maniacal than the villains in the cartoons and movies that I allow my son to watch.

Today I read such a story. Some of my friends even acknowledged that they changed their opinion of Apple after reading this story. I decided I needed to know what they were talking about. As I read the story, I learned about the fire. I learned about people that suffered burns on their face because of a fire in the plant where they worked. I also learned about three workers who lost their lives by doing the right thing and working for the things they wanted. In reading the editorial pieces, blame was placed on greed and consumerism. Much to my dismay, I also read opinions like "I don't care if the factory is unsafe, they choose to work there and I want my Ipod cheap." The basic arguments were about consumer greed, free will and free market. I also began to think legally and critically about the situation. I thought about where the blame lies and what would happen to the family. I realize that this was not an American situation, but I pondered how American law would handle it.

My mentor used to say she started in Personal Injury and Worker's Compensation because she realized people are not computers. If they break, you cannot throw them away. You have to take the time to fix them, to make them whole again. In American jurisprudence this means you have to start by assigning fault and damages. The fault says who picks up the bar tab at the end of the night and the damages say how much each person has to pay. In cases where there is a death determining liability would lead to the decision that the bill is to be split between among the builder, the management, and the owner. Those three entities are charged with making sure the facility is safe. No employee goes to work with a building inspector, nor should they have to. The people who are responsible for the building need to make it safe and provide adequate protections.

The bad guys are not always easy to spot in real life. The villainy of a corporation should not come at the cost of an individual's life. If you or your loved one has been hurt and a corporation is at fault, contact an attorney to understand your rights.

This blog post was written by Rabihah Scott. The personal injury practice group of Price Benowitz LLP has offices in DC, Baltimore, Rockville and Ellicott City. The firm also has offices in Fairfax, Leesburg, and Warrenton that are staffed by Thomas Soldan.

Wrongful Death and Boating Accidents

Mon, 30 Jan 2012 08:32:01 -0500

Boating in the waters around Washington, D.C. and other nearby locations can be enormously fun; however, serious accidents can, and often do occur during this otherwise enjoyable activity. Some of the accidents that occur include:

Fatalities caused by boat collisions;

Injuries caused by people who are operating a boat under the influence of drugs or alcohol (BUI);

Death caused when a watercraft hits a swimmer; and

Drowning deaths caused by negligent or reckless behavior.

According to the Coast Guard, in 2010 there were 4,604 accidents; 3,153 resulted in injuries and 672 resulted in death. Additionally, there was also approximately $35 million dollars in property damage as a result of these recreational boating accidents. Operator inattention, operator inexperience, excessive speed, improper lookout and alcohol use rank as the top five contributing factors in accidents. In 2010, alcohol use was the leading factor in 127 of the accidents that resulted in a fatal injury. . Just as in driving a car, alcohol use while boating can lead to the impairment of critical skills needed in order to avoid accidents such as balance, coordination, and good judgment. Alcohol consumption can also heighten the effects of sun exposure and heat. Boaters who engage in this dangerous practice negligently put others at risk and should be held responsible for the harm they have caused.

Moreover, injuries or death can also occur due to watercraft performance issues due to faulty manufacturing or defective safety mechanisms. In these cases, the watercraft manufacturer failed to meet its duty to ensure that the craft had certain safety precautions before placing it in the marketplace. Attorneys often help shape the industry standards for safety while representing clients who were harmed as a result of the failure to meet these standards. By hiring a skilled attorney you can be compensated for your injuries and simultaneously prevent the same harm from occurring to someone else.

Alongside boating accidents there are also other water-related accidents such as accidents that occur at a swimming pool with no fence or at improperly staffed pools or beaches. According to a study conducted by the Centers for Disease Control and Prevention (CDC), approximately ten people die in the United States from unintentional drowning every day. Of these, two (2) are children aged 14 or younger. If serious injury or death occurs, you may be entitled to be compensated for the immeasurable emotional and physical suffering you experience as well as for your lost wages and expensive medical bills.

Due to the fact that the costs incurred from injuries sustained or the death of a loved one as a result of these types of accidents are often astronomical, innocent victims should not have to bear the brunt of the financial strain. If a person was negligent in causing your injury or the death of your loved one, you can hold that person accountable for his actions and collect damages from him or his insurance carrier.

If someone has caused you serious injuries or the death of a family member by acting negligently, seek professional legal advice to evaluate your claim. An experienced personal injury or Washington DC wrongful death lawyer will investigate your accident to determine the actual cause and the responsible parties, and then seek to collect payment on your behalf for the harm you have experienced.

Price Benowitz LLP was founded by Washington DC criminal defense lawyer David Benowitz and has offices in Washington, DC, Maryland, and Virginia. For more information about personal injury law and the firm's commitment to quality legal representation, please visit the firm's Virginia Personal Injury Lawyers website.

Work-Related Electrical Accidents

Fri, 20 Jan 2012 12:33:16 -0500

Occupational fatalities due to electrocution are surprisingly common in certain professions. While electrical workers account for a majority of accidental electrocutions and deaths, construction, agriculture, manufacturing, real estate, public utility and transportation occupations are also highly susceptible to on-the-job electrical accidents. Many other workers are also exposed to potentially dangerous electrical voltage on a daily basis and may be unaware of the risk involved.

According to the National Institute for Occupational Safety and Health, electrocution is the fourth leading cause of work-related fatalities. The danger can come from internal wiring, working too close to power lines or buried cables, or using heavy machinery, among other activities. In addition, electrical dangers often remain hidden in unsuspected areas.

When electrical accidents occur as a result of someone's negligence, through no fault of the employee, the employee's family may hold those who were at fault accountable for their actions and receive substantial compensation for the wrongful death of your loved one. Such negligence can occur in a number of ways including faulty wiring, poor placement of wires or cables, inadequate training, or failing to adhere to industry safety standards. Most occupational accidents, including electrocutions, are avoidable. So when accidents occur, it is likely that someone else was negligent and caused the harm. An experienced attorney can research your case and determine who is responsible for the death of your loved one.

Workers' compensation rarely covers the financial burdens placed on your family by losing a loved one who provided a major source of income. While death benefits vary significantly by state, such benefits typically entitle a surviving spouse to only a small percentage of the former earnings. Sometimes the amount may increase according to the number of surviving dependent children, but such increases can be meager. With rising inflation and cost of living, this benefit provides little financial support for a family. In addition, workers' compensation does not include payment for pain and suffering or the loss of companionship that your family experiences.

The burden placed on a family in a time of need can be great, and when the loss was caused by an on-the-job accident, you may be entitled to collect payment from a number of sources. When workers compensation is not enough, remedies may be available in filing a wrongful death claim. A qualified wrongful death or personal injury lawyer can guide you through the process of getting additional compensation and becoming financially whole again.

If you have lost a loved one due to a tragic electrical accident during the course of employment, contact an experienced personal injury attorney to help you obtain compensation for your financial hardship.

Price Benowitz LLP handles criminal defense, immigration, and personal injury cases. The personal injury practice group is staffed by Maryland and DC personal injury lawyers Chamille Kittles and Rabihah Scott and Virginia accident lawyer Thomas Soldan. The firm has offices across Maryland and Northern Virginia.

How Much Is My Pain And Suffering Worth In Maryland?

Thu, 12 Jan 2012 16:39:05 -0500

There are many factors that must be taken into account to determine how much an injured person should be compensated for pain and suffering. There is no specific formula that insurance companies look to in order to figure out the amount for damages. In fact, every accident and injury is different. In theory, it is literally impossible for anyone to tell injured people how much their pain and suffering is worth. However, in order to resolve injury and tort cases, insurance companies have to come up with some value.

The most important factor that insurance companies use in order to calculate the value of one's pain and suffering is the injured person's medical treatment and total medical bills. Most insurance companies will give injured victims a multiple of the total cost of their medical bills for pain and suffering, however that rule is not set in stone. If the amount and type of treatment appear to be reasonable and necessary for the injury, the injured party comes across as much more honest to the jury. More or less treatment does not necessarily mean more or less money for pain and suffering, but it is a factor that is considered. Of course running up your medical bills unnecessarily is often met with a great degree of suspicion and likely will not be rewarded. Similarly, stretching out the length of treatment for a minor injury may look greedy to a jury and to an insurance adjuster and will not garner any more money for pain and suffering.

In addition to medical treatment and total medical bills, the following factors are considered when determining the amount to compensate a person for pain and suffering:

1. Pre-existing injuries;
2. A person's ability to do what they normally did in their everyday lives or if they were forced to stop or reduce some of their normal activities;
3. The type of work one does for a living;
4. How sympathetic of a witness the injured person would make;
5. A person's age;
6. A person's lifestyle; as well as
7. The experience and reputation of your attorney

All of these factors paint a picture for an insurance adjuster or the jury and will have an impact on the monetary compensation given for pain and suffering in one way or another. There are some tools that insurance companies and lawyers may use to help them arrive at a figure or at least at a range for the purpose of determining how much to "demand" as compensation for your injuries. Many attorneys will also use, as a general guideline, past jury verdicts in your particular jurisdiction and past claims that involve similar facts, injuries and total medical bills.

If you have been injured as a result of someone else's negligence, contact a Price Benowitz attorney today. Our experienced lawyers will work to get you the maximum amount of compensation for your pain and suffering.

This blog post was written by Washington DC Personal Injury Lawyer Chamille Kittles. For more information about Price Benowitz's Virginia practice, please visit the Virginia personal injury attorney website.

Keep Your Home Safe For Your Family And Your Guests

Fri, 06 Jan 2012 16:34:59 -0500

Ever since I was a little child, my family tested our smoke detectors and changed the batteries when the time changed. Day Light Savings time was its own special tradition. It was by no means as great as Independence Day or Halloween, but it had a special place in my heart. As a parent, I want my son to appreciate the same traditions. I have my son help me test alarms and change batteries as I helped my mom. We go over escape routes, safe meeting places, and what to do if we have guests. When I tell people that last part they look at me with a confused expression, but I confidently tell them better safe than sorry. My son knows where we meet and whose house is a "Safe House" where he can go if he gets out alone. He also knows where to call for help. I take his safety very seriously and I prepare my son accordingly. He thinks of it as a part of our family time and enjoys the discussion.

The day I purchased my home, I had to purchase insurance. My father sent me to an insurance agent. I learned the intricacies of what could be covered under the policy. I also learned some helpful things to do to lower the risk that something tragic would happen at my home. I customized a policy that fit my needs and the risks associated with my home. My home is insured with a policy that covers fire, natural disasters, and some other major damage to my home. I carefully make sure to catalog valuables and notify my insurance agent if there are any changes so that my coverage is always up to date. I would hate to be underinsured and lose a valuable asset or worse be liable for a large bill due to damages.

My insurance policy also covers guests in my home if they are injured. I know that when I have guests, I owe them a certain duty of care. In regular English, that means I have to make sure everything about my home is safe and habitable. Common thoughts on this duty of care are to keep hazardous material and conditions away from guests. From my perspective, this includes having functioning fire alarms and a plan to make sure they all get out safely.

Maybe I do a little too much, but I take hosting very seriously. I also take the safety of my family and loved ones seriously. I can imagine that they would all do the same type of preparation for me when I visit their homes.

If you were injured in someone else's home, please contact an attorney. They can help make sure that you get the compensation you deserve.

Maryland personal injury attorney Rabihah Scott wrote this blog. For more information about the Personal Injury and Medical Malpractice Group at Price Benowitz LLP, please visit the firm's Washington DC Personal Injury Lawyer and Virginia Injury Lawyer websites.

Lead Paint and Maryland Injury Law

Tue, 27 Dec 2011 12:24:38 -0500

When I first started my family, I worried about renting a place near the right daycare and in a good school district. I wanted my son to have a big room filled with toys and a backyard to run and play as he grew. I focused on having things in place to give him a great start in life. I did a visual inspection of each place I considered renting. I looked for cheap repair work and places where people cut corners. I budgeted and found what I thought was the best quality in my price range. I demanded that any potential new home be clean and sanitized. I wanted to make sure my home was safe. My son loved the place we made our first home home and all was well. I can only imagine that every parent preparing for a move or to start a family goes through some version of what I did during that first move. I know that every move after that seemed just as important and I went through the same process. I think my son has grown up enough to think that I am too demanding.

I cringe to think of how many parents did all the same things that I did with very different results. It seems horrible to know that the place they made a home hurt their children. I can only imagine the feeling of guilt that a parent would have knowing that their decision hurt the child they love so much. Many parents did not realize that the homes they lived in or rented were painted with hazardous lead paint. Having lead pain around children can be dangerous, especially if that paint chips, peels, cracks, or otherwise winds up ingested by the child. Lead has difficulty leaving the human body, so it builds up in the system. This build up is especially dangerous for children because their small size means that the concentration is higher in the body and can more easily become damaging.

High levels or concentrations of lead in a person's system can lead to lead poisoning and children are especially vulnerable to the symptoms and impacts of lead poisoning. Lead poisoning can cause many physical ailments. Some of the signs include: tiredness, headaches, short attention span, restlessness, constipation, hyperactivity, and vomiting. Worse than the physical ailments which can be treated immediately are the mental and behavioral ailments that are not as obvious. Lead poisoning has also been linked to behavioral and learning disabilities especially in young children.

No amount of money can every really compensate a family for the lifetime of care that they will have to provide the child that suffers from this sort of ailment. A skilled attorney can assist in gathering the proof you need to protect your child's interest. A skilled attorney can also explain the critical time lines and restrictions in these types of cases. A Price Benowitz attorney can help you understand Maryland's legal precedents and apply them to your specific situation.

This post was written by Washington DC and Maryland Accident Attorney Rabihah Scott. Price Benowitz LLP is a Washington DC based law firm with additional locations in Maryland, Virginia, and New York. If you have been injured and would like more information about the firm's Virginia Personal Injury attorney, please visit our website.

Medical Treatment and Medical Records in a Maryland Personal Injury Case

Thu, 15 Dec 2011 10:29:30 -0500

After you have been involved in a motor vehicle accident or after you have sustained injuries as a result of someone else's negligence, navigating the claims or litigation process can be quite daunting. In almost every case, the first thing to do is to seek medical treatment. First and foremost, you want to seek out medical treatment so that your injuries can be assessed, evaluated and diagnosed, and a treatment plan can be established. Additionally, you want to seek out medical treatment so that your injuries can be documented close in time to the actual date of your accident. A delay in seeking medical treatment could hurt any claim you may have for damages, although some injuries do take time to manifest and only become apparent once things have calmed down.

It is important that you are open and honest with your doctors, physical therapists, chiropractors or any other medical professionals regarding your injury and any pain you may be experiencing. No matter how minor the pain or injury, each ailment needs to be appropriately treated and adequately documented. Furthermore, if you are experiencing pain or an injury do not tell your physician that you're "fine" or you're "ok", especially if you are really not. It is important for any potential personal injury claim or lawsuit that you inform your physician of activities that cause discomfort or pain, as well as which activities you were able to perform prior to your accident that you are now completely unable to perform or are limited in performing. Any tasks that are difficult to perform should also be fully discussed. You should do your best to keep all of your scheduled appointments with your medical provider so that you do not have missed appointments throughout the course of your treatment.

Your medical records are a good source of the history of your condition following the accident and, when submitted to the insurance companies or the court, provide a complete and accurate picture of your injury. Medical records are one of the most important documents in a personal injury case in that they provide a running tally of your treatment, your progress and your health following an accident and are the basis by which insurance companies determine your injuries and how much you should be compensated when your injuries were caused by someone else's negligence.

This blog post was written by Chamille Kittles. Chamille is a personal injury lawyer with the law firm Price Benowitz LLP. In addition to Chamille, the law firm also has a Virginia personal injury lawyer and DC personal injury lawyer to assist clients in those jurisdictions.

Halloween

Wed, 02 Nov 2011 16:00:23 -0500

My son, like most kids, loves Halloween. For kids, Halloween is a time to play dress up and get free candy. One of the perks of childhood is being able to enjoy this time of year. One of the burdens of being an adult is that fun occasions- like Halloween- can quickly become a very frightening experience.

The ghost, ghouls, and goblins of childhood now seem like amusing movies when compared to lawsuits and liability. As an adult, I make sure that my walkways are all clear of any hazards and that they are well-lit; I only purchase candy from nationally known stores; and I make sure that anyone who comes to my home to get candy is safe.
My fear on Halloween is not zombies or the undead, rather, it is someone getting hurt while on my property. I know that as a property owner I am responsible for any injury incurred by anyone I have allowed onto my property. I know most people don't take as much care to make their property safe, but I have seen the impact of not doing so.

If you or your child was hurt on Halloween, please contact a lawyer to make sure that you do not suffer as a result of someone else's negligence.

This blog post was written by Rabihah Scott a personal injury lawyer for Price Benowtiz LLP. In addition to Maryland attorneys, the law firm has a DC personal injury lawyers and a Virginia accident lawyer.

Maryland Slip and Fall Accidents

Fri, 09 Sep 2011 16:32:21 -0500

When I got on the metro this morning, I saw huge puddles of water on the platform and, at four edges, I saw wet floor warning signs. My husband remarked that anyone could see how often people do not see what others assume is obvious.

On a daily basis I get calls from people that have fallen and hurt themselves on something that others thought was obvious. I tend to get the calls where the system has failed and someone is suffering because of it. The problem is that the unsuspecting victim is the one who is forced to bear the cost of missed work and medical bills. It is always important to ensure that consumers are properly protected.