Frequently Asked Questions

General Questions
General Questions

This depends on the specifics of your situation. Generally, a personal injury case involves an accident where someone else’s negligence caused you harm. We offer consultations to assess your case and determine if you have a claim.

Our firm handles a wide range of personal injury cases. Our practice areas include vehicle, pedestrian and trucking accidents, medical malpractice, nursing home abuse and neglect, premises liability, wrongful death, defective products and drugs, birth injuries, catastrophic injuries, and sexual assault.

You may be entitled to compensation for medical expenses, lost wages, pain and suffering, property damage, and other losses stemming from your injury.

Maryland and Washington, DC have contributory negligence laws, so contact us to evaluate whether you have a claim.

Most personal injury cases are settled out of court. However, if a fair settlement cannot be reached, we will be prepared to take your case to trial.

Car Accidents

If your accident involved a state vehicle, city bus, or county truck, you must file a formal written notice of a claim to the appropriate government body within one year of your injury, pursuant to Md. Code, Crt. Jud. Pro. § 5-304.  It is important not to delay in consulting a personal injury lawyer because of various deadlines that pertain to different facts.

Yes, you generally have three years from the date of the accident to file a lawsuit for personal injury in Maryland, or you will be barred from recovering damages pursuant to Md Code, Crt. Jud. Pro § 5-101.

Punitive damages are incredibly rare for car accident cases in Maryland. Courts may only consider awarding these types of deterrent damages in extreme scenarios where there is proof of a clear disregard for human life or evidence of a sinister motive.

Your financial award can include economic damages for the physical costs of your injury, including current and future medical expenses, lost wages, loss of future earning capacity, and property damage. You may also receive non-economic damages for the emotional toll of your accident, such as pain, suffering, inconvenience and mental anguish.

Most car accident claims settle outside of court, but it depends on the insurance company. Your case could go to trial in situations where an insurance company offers you an unacceptably low settlement, disagrees on a designation of fault, or if the accident resulted in a complex injury such as permanent disability. We are experienced trial attorneys who are willing to take your case to court when necessary.

State policies include coverage for uninsured motorists. If you are hit by someone who does not have insurance or fled the scene of the accident, you can file the claim against your own insurance company to recover your costs.

We will evaluate the facts of your case, explain your legal options, and answer any questions you have for free. If you decide to work with us, we do not get paid unless you win. We will front all expenses related to your case, including court filing fees, expert witness fees, and any other necessary costs. You repay these fees when we secure you a favorable settlement or verdict.

You are not required to have legal representation, but you would be forfeiting significant advantages if you decide to pursue your claim alone. A car accident attorney familiar with local procedures can gather evidence, calculate long-term costs of your injuries, and strategically frame the facts of your case so insurance companies cannot place blame on you to avoid paying you. Insurance companies often take advantage of unrepresented individuals.

Yes, Maryland requires insurance companies to offer you at least $2,500 in coverage for personal injury protection. This is a type of no-fault insurance coverage designed to pay for your immediate medical bills and a portion of your lost wages, regardless of who caused the wreck. This is a great benefit that Maryland insurance policies have and it is important never to waive this coverage.

If a court finds that you were even one percent responsible for the accident, Maryland law prevents you from recovering any money from the other driver.

Medical Malpractice
Medical Malpractice

If you have been a victim of medical malpractice, you may be entitled to recover damages for your medical expenses, lost wages, pain and suffering, disability, and other losses. Our attorneys will fight to maximize your compensation and hold the responsible parties accountable.

In Maryland, generally the statute of limitations for medical malpractice cases is three years from the date of injury or death. Situations differ, however, so it is important to consult with an attorney as soon as possible to determine any applicable deadlines for your medical malpractice claim.

Given the complexities of medical malpractice law, victims find it valuable to have an attorney represent their interests. A personal injury law firm has the resources many victims need to effectively navigate the process, gather evidence, hire medical experts, negotiate with insurance companies, and connect you with resources that can help put you or your loved ones on a road to recovery.

The “standard of care” is the level of skill and care that a reasonably competent healthcare provider in a similar specialty and geographic location would have used under the same circumstances. Your Annapolis medical malpractice lawyer will work with a medical expert to establish this standard and prove that it was breached.

Compensation can include economic damages, such as medical expenses, lost wages, and future care costs, as well as non-economic damages for pain and suffering. Maryland law does impose a cap on non-economic damages, but there is no cap on economic damages.

The first step is to consult with an experienced medical malpractice attorney. They will review your case, gather medical records, and help you navigate the initial, required filing with the Maryland Health Care Alternative Dispute Resolution Office (HCADRO).

A birth injury is any harm to a baby during or immediately after childbirth. This can range from minor injuries to severe, lifelong disabilities.

The general statute of limitations for a birth injury to your child is three years from their 18th birthday. However, in some cases, the statute of limitations may be extended if the injury is not immediately noticeable.

Absolutely. Client confidentiality is a top priority for our firm.

Nursing Home Abuse
Nursing Home Abuse

Possible damages that you may recover if your loved one suffered nursing home abuse or neglect include:

  • economic damages – the cost of past and future medical care resulting from the abuse.
  • non-economic damages – the pain and suffering your love one endured as a result of the abuse, and if your loved one died from the abuse, the pain and suffering endured by the wrongful death beneficiaries

The damages recoverable will be dependent on the circumstances of your case. An experienced personal injury attorney can help you assess the full extent of your potential recovery.

The statute of limitations for a nursing home abuse case in Maryland is generally three years. It’s important to note that there may be exceptions to this general rule, and the specific details of your elder abuse case could impact the lawsuit’s deadlines.

If your loved one is hesitant to open up about the abuse or neglect they have experienced, try to be patient and understanding of their situation while ensuring them that you believe them and want to help.

Even though they might not want to discuss it at this point, you can still try to document signs of abuse or neglect that you notice. You might also want to consider reaching out to a therapist, social worker, or advocate for the elderly who can provide guidance and support. Our attorneys are familiar with these types of situations and can help you navigate towards possible resolutions.

Catastrophic Injury
Catastrophic Injury

Liability for a catastrophic injury depends on the specific circumstances of the case. Generally, the party responsible for causing the accident can be held liable.

The statute of limitations for catastrophic injury claims in Maryland is generally three years from the time of the accident.

A catastrophic injury lawyer can handle all aspects of your case, including investigating the accident, gathering evidence, negotiating with insurance companies, and representing you in court if necessary.

Defective Products and Dangerous Drugs
Defective Products and Dangerous Drugs

Yes, if a drug manufacturer fails to warn about potential side effects or if the drug is inherently dangerous, you may have grounds for a lawsuit.

While not always required, having an experienced personal injury lawyer can help you efficiently navigate the lawsuit process to achieve a successful outcome.

Typically, the statute of limitations for defective product and drug cases in Maryland is three years. Each situation is unique, however, so contacting a law firm can help you understand the deadlines associated with your potential lawsuit.

Wrongful Death
Wrongful Death

In Maryland, only certain individuals can file a wrongful death lawsuit. These include:

  • The spouse of the deceased
  • The children of the deceased
  • The parents of the deceased, if the deceased was unmarried and without children
  • A designated beneficiary named by the deceased

To file a wrongful death lawsuit, there is a strict time limit known as the statute of limitations. Generally, you have three years from the date of your loved one’s death to take action but each situation is different and an attorney can best help you navigate these deadlines.

A wrongful death attorney can help determine the percentage of fault that each party holds, allowing claims against each.

Sexual Assault
Sexual Assault

Yes, there are legal protections to maintain the confidentiality of sexual assault survivors. Your attorney will take measures to protect your privacy and ensure that sensitive information is handled with discretion throughout the legal process.

In general, the statute of limitations for personal injury cases is three years after the incident. However, the Child Victims Act of 2023 has extended the statute of limitations for civil claims involving child sexual abuse, acknowledging that if often takes time for survivors to come forward.

Consulting with a sex abuse attorney will help determine the viability of your case.

If you prefer not to go to court, there are alternative ways to seek justice and compensation, such as out-of-court settlements. Your lawyer can negotiate on your behalf and strive to reach a resolution that meets your needs without the stress of a courtroom trial.

ERC
ERC Litigation

  • Inflating your employee count or wages to claim a larger ERC is considered fraud. If the IRS discovers this, you could face:
    • Repayment of the credit: You’ll have to repay the entire amount of the improper credit, plus interest.
    • Penalties: The IRS may impose significant financial penalties.
    • Audits: Your business could be subject to a thorough IRS audit.
    • Legal action: In severe cases, the IRS may refer your case to the Department of Justice for criminal prosecution.

  • IRS Audits and Penalties: The IRS is actively auditing ERC claims. Businesses with incorrect claims may face audits, penalties, and interest on the improperly claimed amount.
  • Repayment Obligations: Businesses may be required to repay the full amount of the improperly claimed credit, plus interest.
  • Potential Legal Actions: In cases of intentional fraud, the IRS may involve the Department of Justice, leading to legal consequences.

  • Consult with Reputable Professionals: Work with licensed professional attorneys. Avoid firms charging fees based on a percentage of the refund.
  • Verify Eligibility Independently: Understand the ERC eligibility criteria yourself and don’t solely rely on third-party assessments.
  • Document All Claims: Maintain thorough records to support your ERC claims in case of an audit.