Earlier this month, a state appellate court issued an opinion explaining how the collateral source doctrine is applied under Virginia personal injury law. The case actually involved a breach-of-contract claim, however, in answering whether the collateral source doctrine applied to breach-of-contract claims, the court thoroughly explained the collateral source doctrine,…
When someone is seriously injured in a Maryland car accident, it is imperative that they receive immediate medical treatment. In some cases, waiting to provide an accident victim medical assistance until they arrive at the hospital may increase the risk of further injury or death. Maryland emergency responders (EMTs) are…
In Maryland, all motorists are required to maintain auto insurance. The purpose of requiring motorists to obtain car insurance is to ensure that, in the event of an accident, accident victims have an avenue of recovery to help them recover the costs associated with the accident. An insurance contract is…
Insurance companies want to minimize the amount they pay out in the event of a claim, and unfortunately, do not always compensate Maryland car accident victims according to what they deserve. If an insurer fails to fairly settle a claim, the insured may be able to pursue a claim of…
When an employee causes a Maryland car accident, anyone injured as a result of the accident may be able to pursue a claim against both the negligent driver and their employer under the doctrine of respondeat superior. However, to establish employer liability in a Maryland car accident, the plaintiff must…
Under Maryland law, a party in a personal injury lawsuit may present testimony from an expert witness only in certain circumstances. That being the case, expert witnesses do not testify in most Maryland car accidents. However, there are cases where the need for an expert witness arises. Typically, this is…
Few experiences behind the wheel are more terrifying than being on the wrong end of another driver’s road rage. While road rage may not be listed as a primary cause of Maryland car accidents, aggressive driving is more common than most motorists believe. For example, in 2015, there were approximately…
In the wake of a serious Maryland car accident, accident victims face many difficulties. Of course, these include overcoming the physical and emotional injuries that come along with being involved in a serious accident. However, even after an accident victim has physically recovered as best they can, before they can…
While governments may be entitled to immunity in some car accidents that are based on a negligent-design theory, the government can still be held liable for failing to safely maintain a road or highway. However, the distinction between design and maintenance is not always clear-cut. For example, consider the following:…
Recently, a Virginia appellate court issued an opinion discussing the state’s dead man statute, which may preclude a witness from testifying to conversations that the witness had with someone who has died. Ultimately, the Virginia court determined that the deceased defendant’s statement was properly entered into evidence. While Maryland’s dead…