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Premises liability is an area of personal injury law that holds property owners responsible for accidents and injuries that occur on their property. In Maryland, property owners have a duty to maintain safe conditions and protect visitors from harm. If you've been injured on someone else's property, you may be entitled to compensation. In this blog post, we will provide an overview of premises liability law in Maryland and discuss the factors that may impact your claim. Duty of Care in Maryland Under Maryland law, property owners owe a duty of care to individuals who enter their premises. The level of care owed depends on the status of the visitor: Invitees: An invitee is someone who is on the property for a mutually beneficial purpose, such as a customer in a retail store. Property owners owe the highest duty of care to invitees and must take reasonable steps to maintain safe conditions and promptly address any known hazards. Licensees: A licensee is someone who is on the property for social reasons, such as a guest at a party. Property owners must warn licensees of any known hazards but are not required to actively inspect the property for potential dangers. Trespassers: A trespasser is someone who enters the property without permission. Property owners owe the least duty of care to trespassers and are generally only required to refrain from causing willful or wanton harm. Proving Negligence in Premises Liability Cases To prevail in a premises liability claim in Maryland, you must prove the following elements: Duty: The property owner owed you a duty of care based on your visitor status. Breach: The property owner breached that duty by failing to maintain safe conditions, address known hazards, or provide adequate warnings. Causation: The property owner's negligence directly caused your injuries. Damages: You suffered damages, such as medical expenses, lost wages, and pain and suffering, as a result of your injuries. It's essential to note that Maryland follows the doctrine of contributory negligence, which means that if you are found even partially responsible for your injuries, you may be barred from recovering compensation ( see, Harrison v. Montgomery County Bd. of Educ., 295 Md. 442, 456 A.2d 894 (1983)). Types of Premises Liability Claims Premises liability claims can arise from various accidents and injuries, including: Slip and fall accidents: These accidents often result from wet or slippery floors, uneven surfaces, or poor lighting. Inadequate security: Property owners may be held liable for injuries resulting from criminal activity if they failed to provide adequate security measures. Swimming pool accidents: Property owners must take reasonable steps to secure their swimming pools and prevent unauthorized access, especially to young children. Conclusion If you've been injured on someone else's property in Maryland, it's crucial to understand your rights under premises liability law. An experienced personal injury attorney can help you navigate the legal process, gather evidence, and build a strong case to recover the compensation you deserve. Remember, each case is unique, and the outcome depends on various factors, including the facts of the case and the applicable law.

Expert witnesses can play a vital role in personal injury cases, providing specialized knowledge and objective analysis to support your claim. In this blog post, we will discuss the role of expert witnesses in personal injury cases, the types of experts commonly involved, and how they can impact the outcome of your case. The Role of Expert Witnesses in Personal Injury Cases Expert witnesses are professionals with specialized knowledge, skills, or experience in a particular field who can provide objective, fact-based opinions in legal cases. They can help establish key elements of a personal injury claim, such as causation, the extent of your injuries, and the future impact of those injuries on your life. Types of Expert Witnesses in Personal Injury Cases There are various types of expert witnesses who may be involved in personal injury cases, depending on the nature of the claim: Medical experts: Medical experts can provide opinions on the nature and extent of your injuries, the necessary treatment, and the projected costs of future medical care. They may also help establish causation by connecting your injuries to the accident. Accident reconstruction experts: These experts specialize in analyzing the details of an accident to determine how it occurred and who is at fault. They may use their findings to create diagrams, models, or animations to demonstrate their conclusions in court. Vocational rehabilitation experts: These experts can evaluate your ability to work and earn a living following your injury. They may provide opinions on your capacity for work, the types of jobs you may be able to perform, and any necessary accommodations or retraining. Economic experts: Economic experts can help quantify the financial impact of your injuries, including lost wages, future earning capacity, and the cost of ongoing medical care. They may also calculate the present value of these damages to determine an appropriate compensation amount. Mental health experts: In cases where emotional distress or psychological injuries are involved, mental health experts can provide opinions on the nature and extent of your emotional suffering and the impact of your injuries on your mental health. How Expert Witnesses Can Impact Your Case Expert witnesses can be invaluable in supporting your personal injury claim, as they can: Strengthen your case: Expert witnesses can provide objective, fact-based opinions that help establish key elements of your claim, such as causation, the extent of your injuries, and the future impact of those injuries on your life. Enhance credibility: The testimony of expert witnesses can lend credibility to your case by providing objective, specialized knowledge that supports your claim. Persuade the judge or jury: Expert testimony can be compelling and persuasive, helping to sway the opinion of the judge or jury in your favor. Increase settlement value: The involvement of expert witnesses can help demonstrate the strength of your case, potentially leading to higher settlement offers from the defendant or their insurance company. Expert witnesses can play a critical role in personal injury cases by providing specialized knowledge and objective analysis to support your claim. Working with an experienced personal injury attorney can help ensure that the right experts are involved in your case, ultimately increasing your chances of obtaining fair compensation for your injuries.

The statute of limitations is a crucial aspect of personal injury law, as it sets the time frame within which a claim must be settled or a lawsuit must be filed. In this blog post, we will discuss the statute of limitations for personal injury cases in Maryland, the consequences of missing the deadline, and exceptions that may apply. The Statute of Limitations in Maryland In Maryland, the statute of limitations for most personal injury cases is three years from the date of the injury (Md. Courts & Judicial Proceedings Code Ann. § 5-101). This means that you have three years from the date you were injured to settle a claim or initiate a lawsuit against the responsible party. If you fail to file a claim within this time frame, your case may be dismissed, and you may lose your right to seek compensation. Consequences of Missing the Deadline If you do not file your personal injury lawsuit within the statute of limitations, the court may dismiss your case, leaving you without legal recourse. In addition, the defendant's insurance company or legal team may use the expired statute of limitations as a defense, arguing that you are barred from seeking compensation for your injuries. Exceptions to the Statute of Limitations While the three-year statute of limitations applies to most personal injury cases in Maryland, there are certain exceptions that may extend or shorten the time frame: Discovery rule: In some cases, the statute of limitations may be extended under the discovery rule. This rule applies when the injured party did not discover or could not have reasonably discovered their injury within the standard three-year time frame. In such cases, the statute of limitations may begin to run from the date the injury was discovered or should have been discovered. Minors: If the injured party is a minor at the time of the injury, the statute of limitations may be extended until the minor turns 18. Once they reach the age of majority, the standard three-year statute of limitations begins to run. Government entities: If your personal injury claim involves a government entity or employee, the statute of limitations may be different. In such cases, it's crucial to consult with an experienced personal injury attorney to ensure you comply with any additional deadlines or requirements. Understanding the statute of limitations for personal injury cases in Maryland is essential to protect your right to seek compensation for your injuries. If you or a loved one has been injured due to someone else's negligence, it's important to act promptly and consult with an experienced personal injury attorney to ensure you meet all necessary deadlines and preserve your legal rights.

If you have been injured in an accident involving a vehicle, it's important to understand the legal concept of Maryland's "Boulevard Rule." The Boulevard Rule is a legal doctrine that can impact the liability of a driver in a personal injury case. In this blog post, we will discuss Maryland's Boulevard Rule, how it applies in personal injury cases, and how it may impact your claim. What is Maryland's Boulevard Rule? Maryland's Boulevard Rule is a legal doctrine that requires drivers entering a favored road to yield the right-of-way to vehicles established on the favored road. For example, a vehicle exiting a gas station onto a highway is the unfavored vehicle and vehicles on the highway are the favored vehicles. Essentially, the rule requires drivers to look both ways before entering a roadway and to yield to traffic on the road. How Does the Boulevard Rule Apply in Personal Injury Cases? In personal injury cases involving a vehicle, the Boulevard Rule can impact the liability of the driver. If the plaintiff is the favored driver, the plaintiff must only show that he or she was driving in a lawful manner. The burden then switches to the defendant to prove that the plaintiff was contributorily negligent. See, Barrett v. Nwaba, 165 Md. App. 281, 293 (2005). The Boulevard Rule is not an absolute rule, and there are exceptions. For example, if the favored driver was operating their vehicle unlawfully, the unfavored driver may not be at fault. Examples of favored driver operating unlawfully could be speeding, driving without headlights, or changing lanes unsafely. Last Clear Chance If a favored driver is involved in a collision with an unfavored driver entering the boulevard, the favored driver may be able to recover even if the favored driver was driving unlawfully. This doctrine is known as "Last Clear Chance" and the favored driver must show that the unfavored driver had the last clear chance to avoid the collision despite the unlawful actions of the favored driver. Conclusion Maryland's Boulevard Rule is a legal doctrine that requires drivers to yield the right-of-way to vehicles established on a boulevard. The Boulevard Rule can impact the liability of a driver in a personal injury case, and if a driver violates the rule and causes an accident, they may be found liable for the resulting injuries and damages. If you have been injured in an accident involving a vehicle and believe that the Boulevard Rule may apply to your case, it's important to consult with an experienced personal injury attorney who can evaluate the facts of your case and advise you on the best course of action.

With the general public deriving knowledge about the legal system from hearsay and social media outlets, it's not at all surprising that many legal myths have gained common acceptance. Here are just a few that we find noteworthy. "All contracts must be in writing." Contracts must only be in writing when: The promise is made on consideration of marriage It is an agreement to pay off the debt or default of another person The contract cannot be performed within one year It involves the sale of goods for the price of $500 or more It's for a sale of in-lane or a lease lasting for more than one year "The car that rear ends another is always at fault." Not true. If you slam on your brakes on the highway with no traffic in front of you, it's probably your fault you got hit "Pedestrians are at fault if they are not in a crosswalk." Crosswalks are a good idea, but not a legal requirement "My case is worth three times my medical expenses!" We don't know where this myth started, but your case is worth whatever it costs to provide you full and fair compensation. The price of an emergency room visit doesn't tell anyone how hurt someone is.

Drive with state minimum coverage. State minimum insurance coverage is $30,000 per person/$60,000 per occurrence. In the event of serious injuries or lost wages, this is not nearly enough coverage if I have to make an Uninsured or Underinsured Motorist (UIM) claim. If possible, I would opt for Enhanced Uninsured/Underinsured coverage to make sure there are enough funds available for my injuries. Drive without collision coverage. It may be tempting to waive collision coverage, but even when the other driver is clearly at fault, I do not want to wait on an insurance company to accept responsibility and fix my vehicle. It is much quicker and easier to go through my own insurance company for the damage to my vehicle and get my deductible reimbursed later. Waive Personal Injury Protection ("PIP") coverage. PIP coverage is no fault coverage for lost wages and medical expenses. Whether I am at fault or the other driver is, I want to know that I have money available to cover my lost wages and medical expenses without waiting on a lawsuit to resolve. Give a statement to the other driver's insurance company. These statements aren't to determine who is at fault, the other insurance company can ask their own driver what happened. The only reason the other insurance company wants these statements is to try and use it against you later. Skip seeing a doctor. I've had too many clients who didn't realize how hurt they actually were, or how long the "minor" neck pain would last. See a doctor and make sure there isn't something more serious going on. An injury may seem minor, but the "minor" injuries are the ones that cause people to hold their neck years later and say "yeah, my neck just hasn't been the same since that fender bender a few years ago."

Being in a motor vehicle crash is scary and can cause stress and anxiety. Here are our top five tips for what to do after a collision: Call the police. Even if a crash seems minor, you should have it documented for your records and to make sure the other driver is properly identified. Take photos. Take photos of both vehicles, all areas that are damaged, the scene of the crash, and the positions of the vehicles. These could be crucial later in proving who was the at fault driver. Get witness information. You should always get the name and contact information of anyone who says they saw what occurred. These witnesses may help you prove who was at fault if anyone changes their story. See a doctor. Emergency room discharge instructions often warn car crash patients that their symptoms are likely to get worse in the days after a crash. Being seen within 24 hours of a car crash at the ER or a health clinic such as Urgent Care or Patient First is the best way to get ahead of a problem and to make sure that there are not internal injuries that could cause more serious problems. See an attorney immediately. Don't wait for a problem before speaking to an attorney. Other than the police and doctors, you shouldn't give a statement to anyone until you have spoken to your attorney. An attorney can assist you with determining who is at fault for the crash, filing your claim, dealing with the insurance companies, setting up your rental vehicle, and collecting your medical records and bills. If you have been injured in a motor vehicle collision, contact the Law Office of Justin A. Wallace at 410.759.8320 for a free consultation and to assist you in receiving full and fair compensation.

Insurance Companies will often try and settle claims quickly before an injured victim has spoken to an attorney. This is especially true when the other driver is clearly at fault. Before accepting an offer, you should consider the following: Have my injuries resolved, or will I need more treatment? Will my injuries cause me permanent lifelong problems? Does the settlement offer fairly compensate me for all of my medical bills, pain and suffering, mental anguish, and inconvenience? If the answer to any of these questions is "no" or you are unsure whether the offer is fair, it is worth contacting an attorney to perform a preliminary evaluation of your case. Contact the Law Office of Justin A. Wallace at 410.759.8320 for a free consultation and to assist you in receiving full and fair compensation.

Innocent victims are often injured by a negligent driver who either carries no insurance or has a Maryland policy for the minimum insurance amounts required ($30,000 per person/$60,000 per occurrence). Sometimes there are instances where motorists are injured by hit and run drivers who flee the scene. When this occurs, an injured person may be able to make a claim against their own insurance company for the damages they have incurred. Maryland law requires that insurance companies provide Uninsured and Underinsured Motorist Benefits ("UIM") when they issue an insurance policy. UIM benefits allow a policyholder to make a claim and/or sue their own insurance company for the difference between the negligent driver's policy and the UIM policy. Maryland law also requires that insurance companies offer "Enhanced UIM" when the policy is written, though this is an optional coverage. Enhanced UIM allows for the insured to seek the amount of their policy in addition to benefits paid by the underinsured negligent driver. If you are able, you should choose insurance coverage above the state minimum and should opt in for Enhanced UIM benefits. Who is covered by UIM? The named insured Everyone in their vehicle at the time of the collision Any of the named insured's resident relatives When do UIM benefits cover an injured person? When the negligent driver flees or can't be identified When the negligent driver is uninsured When the negligent driver's insurance is not enough to cover the damages the innocent victim has incurred UIM benefits even cover an insured when they are a pedestrian and injured by a negligent motorist. Let's use some examples to understand UIM benefits. We will assume that our innocent victim, "Jane", has a $100,000 per person/$300,000 per occurrence UIM policy on her vehicle. Jane is injured by a driver, while driving her vehicle, who is uninsured or who flees the scene and can't be identified. Jane can make a claim against her insurance company for up to $100,000. Jane is injured by a driver who only has $30,000 in coverage. If the negligent driver offers the full $30,000, Jane can seek an additional $70,000 from her insurance company. If Jane has Enhanced UIM benefits, Jane can seek an additional $100,000 from her insurance company. Jane is injured by a negligent driver who has a $100,000 policy. The negligent driver offers the full policy amount. Jane cannot seek additional benefits from her insurance policy unless Jane has an Enhanced UIM policy, then Jane can seek an additional $100,000 from her insurance company. Jane and her two children are injured by a negligent driver who carries a Maryland minimum policy of $30,000 per person/$60,000 per occurrence. Jane and her two children each receive $20,000 from the negligent driver's policy. Jane and her two children can each make a claim for $80,000 from Jane's insurance company, $100,000 each if Jane opted for the Enhanced UIM coverage. Jane's daughter is struck by a negligent driver who flees the scene while walking to school. Jane's daughter can seek $100,000 from Jane's insurance company. There are many other situations where UIM coverage could apply to help an injured person get the compensation they deserve. If you or a loved one has been injured by a negligent driver, contact our office at 410.759.8320 to determine what benefits may be available to you.

If you've been injured in an accident, you might assume that the insurance company will be on your side and provide fair compensation for your injuries. Unfortunately, this is often not the case. As businesses, insurance companies' primary goal is to minimize their financial losses. This article explores the financial figures and statistics that reveal why insurance companies are not always on the side of the injured person and how representation by an attorney can make a difference. Defending Claims: Insurance Companies' Financial Incentives Insurance companies spend billions of dollars annually defending claims and minimizing their payouts. According to a report by the National Association of Insurance Commissioners (NAIC), the top 10 largest insurers in the U.S. alone spent billions on defense costs in 2023. This figure demonstrates the financial incentive for insurance companies to fight claims and reduce their liability. Common Defenses Raised by Insurance Companies Insurance companies frequently employ various tactics and defenses to dispute claims or reduce payouts. Some of these methods include the following: Denying liability: Insurance companies may argue that their policyholder was not at fault or that the injured party contributed to the accident. Disputing damages: They may contest the extent of injuries or claim that the medical treatment was not necessary or related to the accident. Using delay tactics: Insurers often employ delay tactics, such as requesting additional documentation or extending the negotiation process, to wear down claimants and encourage them to accept a lower settlement. Representation by an Attorney: The Statistical Difference Studies have shown that injured parties whom an attorney represents receive significantly higher settlement amounts than those who attempt to handle their claims independently. For instance, a study by the Insurance Research Council (IRC) found that, on average, claimants represented by an attorney received settlements 3.5 times larger than those without legal representation. The reasons for this may be that Plaintiffs with legal representation are more likely to: Obtain a settlement or award: Plaintiffs represented by an attorney are more likely to receive a settlement or an award in their favor. Navigate the legal process efficiently: Attorneys can help claimants avoid common pitfalls and procedural errors that could delay or jeopardize their claims. Effectively negotiate with insurance companies: Experienced personal injury attorneys know insurance companies' tactics. They can counter their arguments, leading to more favorable client outcomes. Navigating Insurance Company Tactics: Why You Need a Personal Injury Attorney Insurance companies are not always on the side of injured individuals, as their primary goal is to minimize their financial losses. They often employ various tactics and defenses to dispute claims and reduce payouts. Claimants represented by an attorney have a better chance of seeking a fair result and navigating the complex legal process efficiently. If you've been injured and are dealing with an insurance company, it's crucial to have an experienced personal injury attorney on your side to advocate for your best interests and help you seek just compensation. Schedule a consultation with Law Office of Justin A. Wallace, LLC by calling (410) 996-4488. We provide legal representation in Baltimore County and throughout Maryland.

Selecting the right personal injury attorney for your case is a crucial decision that can impact the outcome of your claim. A lawyer can navigate the complex legal process, negotiate with insurance companies, and pursue the compensation you deserve. This blog post will discuss the factors to consider when choosing a personal injury attorney and provide tips for making the right choice. Experience and Insights One of the most important factors is the attorney's experience and insights into personal injury law. Look for an attorney with a track record of handling similar cases and who is well-versed in the applicable laws and regulations. Reputation A reputable attorney will have a strong track record of success and a history of satisfied clients. Research the attorney's reputation by: Reading online reviews Asking for recommendations from friends or family Checking with your local bar association to ensure the attorney is in good standing Communication and Responsiveness Choose an attorney who communicates effectively and is responsive to your needs. You should feel comfortable asking questions and discussing your case with your attorney. They should be accessible, provide regular updates, and be willing to address any concerns you may have throughout the process. Contingency Fee Arrangement Many personal injury attorneys operate on a contingency fee basis, meaning they receive payment only upon successfully securing compensation for you. This arrangement can be beneficial, allowing you to pursue legal representation without incurring upfront costs. Be sure to discuss the attorney's fee structure and any additional expenses that may be incurred during your case. Litigation Experience Quick settlements may be the best outcome for a personal injury case, but they are rare. Insurance companies are not on your side and often force you to file a lawsuit to seek fair compensation. It is essential to find out from your attorney what will happen if they cannot settle with the insurance company. Are they willing to file suit and go to trial themselves, or will they ship your case off to another attorney? You should discuss with the attorney you are considering: The number of lawsuits they have litigated over the past several years The number of trials they have handled The number of jury trials The outcomes of those trials Honesty An attorney's job is to advocate for you, help you understand the law and legal process, and provide honest advice. A lawyer who tells you what they think you want to hear is not doing their job and is only setting you up for disappointment. Generally, an attorney cannot advise you on the value of your case before reviewing all of your medical records, lost wages, and other evidence. A lawyer who tells you differently is potentially not being honest with you. Trust Your Instincts Rely on your instincts when selecting a personal injury attorney. Feeling at ease and confident in your lawyer's capacity to manage your case and prioritize your best interests is crucial. Choose Your Personal Injury Attorney with Confidence Choosing the right personal injury lawyer for your case is essential to seeking a favorable outcome. Considering experience, reputation, communication, litigation experience, honesty, and fee arrangements allows you to make an informed decision and select an appropriate attorney for your needs. Remember, your lawyer can impact the outcome of your case, so take the time to research and choose reliable representation. At Law Office of Justin A. Wallace, LLC, we provide legal counsel in Baltimore County and throughout Maryland. Contact us at (410) 996-4488 to discuss your case.

If you have been injured in an accident, you may be entitled to compensation for your injuries, medical expenses, and lost wages. However, before filing a personal injury lawsuit in Maryland, you must decide whether to have a trial with a jury or without one. This blog post will discuss the pros and cons of bringing a personal injury case with and without a jury in Maryland. Bringing a Personal Injury Case With a Jury Opting for a jury trial introduces both advantages and drawbacks. Pros Let's look at some of the benefits of a jury trial: Jury awards: Juries may award higher damages than a judge. This outcome is because juries often do not decide cases based on strict legal precedent or formulas but decide cases and award damages based on their perception of what is fair. Credibility: Juries comprise individuals from different backgrounds and professions, providing a diverse perspective on the case. This diversity can lend credibility to the plaintiff's case and make it more persuasive. Emotional impact: Juries are often more emotionally invested in the case than judges, which can work in the plaintiff's favor. They may sympathize with the plaintiff and award higher damages. Cons Possible drawbacks of a jury trial include the following: Unpredictable: Juries are unpredictable, and the outcome of the case is not guaranteed. This unpredictability can be a risk for both the plaintiff and the defendant. Time-consuming: Jury trials can take longer than non-jury trials, resulting in a longer wait for resolution. Bringing a Personal Injury Case Without a Jury A trial without a jury also presents pros and cons. Pros The upside of a non-jury trial is that it allows for: Predictability: When a case is tried without a jury, the outcome is typically more predictable, as the judge is bound by legal precedent and formulas. Time-savings: Trials without a jury often take less time than jury trials, which can result in a quicker resolution. Simplification: Non-jury trials often simplify complex cases as they do not require a jury to understand the legal arguments and evidence presented. Cons A non-jury trial is not without its disadvantages. These include: Lower damages: Judges are often more conservative when awarding damages, resulting in lower compensation for the plaintiff. Less emotional impact: Judges are less emotionally invested in the case than a jury, which can work against the plaintiff's favor. Judges may be less sympathetic and award lower damages as a result. Navigating the Jury Dilemma With Legal Help Deciding whether to bring a personal injury case with or without a jury in Maryland is a critical decision that can impact the outcome. Jury trials can result in higher damages but are unpredictable and time-consuming. Trials without a jury are more predictable and time-saving but often result in lower damages. Ultimately, the decision to bring a case with or without a jury should be made in consultation with an experienced personal injury attorney who can evaluate the facts and provide you with informed advice. To speak with our Timonium lawyer at Law Office of Justin A. Wallace, LLC, please call (410) 996-4488 or connect online.