Personal Injury Case Law

Plaintiff’s Own Testimony Used Against Her in Recent Car Accident Case

February 23, 2018 | Lebowitz & Mzhen

In the moments after a Maryland car accident, emotions are running high, and adrenaline is pumping. For these reasons, a motorist’s statements in the immediate aftermath of an accident may not be accurate or complete. However, as a recent case illustrates, statements made at any time after an accident may be used against the person making them, even if they later disavow the statement.

The Facts of the Case

In 2015, the plaintiff was involved in a car accident with a driver who was not insured. The plaintiff filed a personal injury lawsuit against the other driver, but since he did not have insurance, the plaintiff also named her father’s insurance company as a party to the lawsuit, relying on the policy’s uninsured motorist protection.

The insurance company sent a list of questions to the plaintiff, called an interrogatory. One of the questions contained in the interrogatory asked who lived with the plaintiff. The plaintiff responded that she lived with her three children. Later, in a deposition, the plaintiff stated that she lived across the street from her father.

Maryland Court Discusses Admissibility of Medical Records in Recent Car Accident Case

February 16, 2018 | Lebowitz & Mzhen

Earlier this month, an appellate court issued a written opinion in a Maryland car accident case requiring the court to discuss and interpret Maryland Rule of Evidence 5-703, dealing with the admissibility of expert witness testimony. Specifically, the court had to determine whether the plaintiff’s medical records that were relied upon by a defense expert witness could be provided to the jury during deliberations. Ultimately, the court concluded that under the language of Rule 5-703, admissibility was permitted.

The Facts of the Case

The plaintiff was involved in a car accident while on the way to a wedding. After the accident, the plaintiff attended the wedding, and she went to the hospital the following morning. The plaintiff saw a number of doctors and eventually was diagnosed with several serious medical conditions. However, in the plaintiff’s discussion with the doctors, the plaintiff was not consistent in reporting where she was experiencing pain.

The plaintiff later filed a personal injury case against the driver who caused the accident. At trial, both the plaintiff and the defendant presented expert witnesses on the issue of whether the collision was what caused the plaintiff’s injuries. After the defense expert witness testified that the accident was not the cause of the plaintiff’s injuries, the defendant moved to introduce four of the plaintiff’s medical records to the jury. These medical records, the defendant believed, contradicted some of the plaintiff’s claims.

Court Finds Transportation Department Not Liable for Misplaced Construction Barrel

February 2, 2018 | Lebowitz & Mzhen

Earlier this month, a state appellate court issued a written opinion in a negligence case involving the alleged misplacement of a construction barrel by the state’s department of transportation. The case contains a discussion about the duties of a government to keep public roads safe, which is important for Maryland car accident victims who have been injured due to the poor condition of a public road.

The Facts of the Case

The plaintiff was driving along an Idaho highway towing a trailer. The plaintiff entered a construction zone, and there were orange barrels lined up along both sides of the only lane of travel that was open to motorists. As the plaintiff continued down the highway, she noticed a barrel was placed directly in the lane of travel. Unable to avoid the barrel, the plaintiff struck the barrel with the awning of her trailer.

Thankfully, the plaintiff was not injured and only sustained somewhat minor property damage to her trailer. However, the plaintiff filed a personal injury lawsuit against the state’s department of transportation, claiming that it was negligent in the placement of the barrel and should be responsible for the repair costs to the trailer.

The Importance of Notifying an Insurance Company of an Accident

January 23, 2018 | Lebowitz & Mzhen

An insurance company can be a Maryland car accident victim’s best friend or worst enemy. While the stated purpose of insurance is to compensate a claimant for losses that occur due to a covered incident, in practice, insurance companies view most claims with an eye toward denial. This is because insurance companies are for-profit companies that rely on taking in more money in premiums than they pay out in claims.

That being the case, insurance contracts are often written in a way that gives the insurance company many “loopholes” to get out of satisfying even a meritorious claim. For example, almost all insurance policies have strict notice requirements that require an accident victim to provide the company with notice of the accident within a certain amount of time. The way that insurance contracts are written, if an accident victim fails to provide timely notice, the insurance company is not bound by the terms of the agreement and can deny an otherwise valid claim.

A recent case illustrates the frustration one motorist experienced when trying to recover compensation for his injuries after a car accident. While the case arose in Georgia, it illustrates an important point for Maryland car accident victims.

Appellate Court Reinstates Plaintiff’s Case After Finding Lower Court’s Evidentiary Ruling Was Improper

January 16, 2018 | Lebowitz & Mzhen

Earlier this month, a state appellate court issued a written opinion in a car accident case requiring the court to determine if the lower court was proper in precluding the plaintiff from cross-examining an eyewitness to the accident. The case is important to Maryland car accident victims because the rule of evidence at issue in the case is very similar to Maryland Rule of Evidence 5-613.

The Facts of the Case

The plaintiff was injured when she was struck by the defendant’s car while crossing the street at an unmarked crosswalk. There was only one witness to the accident. However, the defendant hired an expert witness and also planned on calling the responding police officers to testify at trial.

Before trial, the plaintiff filed a motion to prevent the police officers from discussing what the eyewitness told them at the scene, claiming that such testimony would be inadmissible hearsay. The court agreed and limited the officers’ testimony only to what they personally observed.

Court Affirms Majority of Jury’s Verdict But Reverses Part Based on Speculative Evidence

January 9, 2018 | Lebowitz & Mzhen

Earlier this month, an appellate court in Florida issued a written opinion in a personal injury case that illustrates an important concept in Maryland car accident cases. The case presented the court with the opportunity to discuss which level of proof is sufficient to support a jury’s award of compensation to an accident victim. Ultimately, the court concluded that the jury’s verdict regarding future medical expenses was based on the evidence, but the verdict insofar as it pertained to the plaintiff’s loss of wages was not.

The Facts of the Case

The plaintiff was injured in a car accident that was undisputedly caused by the defendant. The plaintiff’s injuries were severe, and the plaintiff had an expert witness testify on her behalf. The expert expressed a need for palliative care, cervical surgery, and potentially lumbar surgery.

The expert explained that the estimated cost of palliative care was between $525,000 and $850,000. The expert also explained that cervical surgery would improve the plaintiff’s quality of life, and he recommended the surgery be performed. The expert testified that such a surgery may prevent the need for lumbar surgery. The cervical surgery was estimated to cost between $90,000 and $120,000, and the lumbar surgery was estimated to cost between $60,000 and $90,000.

Court Determines Jury Was Permitted to Find Witness Testimony Speculative When Failing to Award Plaintiff Future Medical Expenses

January 3, 2018 | Lebowitz & Mzhen

Earlier last month, an appellate court issued a written opinion in a personal injury case illustrating the importance of expert witness selection and preparation in Maryland car accident cases involving disputed medical evidence. The court ultimately concluded that the jury was acting within its purview when it found that the testimony of the plaintiff’s expert witness was speculative, and thus it declined to find that the plaintiff suffered a permanent injury as a result of the accident.

The Facts of the Case

The plaintiff was involved in a car accident that was caused by another driver. The record is not clear if the other driver had no insurance, or if they had insufficient insurance to cover the plaintiff’s injuries, but regardless, the plaintiff ended up filing a claim with her own insurance company under the underinsured/uninsured motorist provision.

The plaintiff presented one expert witness, a neurosurgeon who had operated on the plaintiff. The neurosurgeon testified that the plaintiff suffered from degenerative disc disease, that it was possible the plaintiff would require surgery, and that the accident likely increased that chance by 15-20%. However, the neurosurgeon also testified that he had no idea how long the plaintiff’s degenerative disc disease had been developing.

Innocent Victims of High-Speed Chase Permitted to Proceed with Case Against Sheriff’s Department

December 25, 2017 | Lebowitz & Mzhen

Earlier this month, an appellate court in Georgia issued a written opinion in a car accident case that presents interesting issues for motorists who have been injured in a Maryland car accident due to the negligence of a police officer or another government official. The case required the court to determine if an accident victim’s case should be permitted to proceed against a sheriff’s department that continued a high-speed police pursuit, ultimately resulting in the fleeing driver crashing into the plaintiffs’ car. Since the court found that a jury may find that the sheriffs involved acted with “reckless disregard,” the court permitted the plaintiffs’ case to proceed.

The Facts of the Case

The plaintiffs were seriously injured when a fleeing motorist struck their car while the plaintiffs were stuck in traffic in a busy intersection. According to the court’s opinion, the chase began almost an hour earlier when another sheriff’s department observed the driver fail to maintain a single lane of travel.

The sheriff who initiated the pursuit eventually lost control of his vehicle and crashed, resulting in another sheriff department taking over the pursuit. Evidence showed that there was significant traffic at the time, and the suspect was driving aggressively, sometimes over 120 miles per hour.

Court Reverses Car Accident Plaintiff’s Summary Judgment Award Regarding Future Medical Expenses

December 18, 2017 | Lebowitz & Mzhen

Earlier this month, an appellate court in Montana issued a written opinion in a personal injury case dealing with a plaintiff’s pre-trial motion for summary judgment on the issue of whether her future medical care was causally related to the car accident. The case is instructive to Maryland car accident victims because it shows the type of analysis courts will conduct when reviewing claims for future medical expenses. Ultimately in this case, the court concluded that there was conflicting evidence regarding the cause of the plaintiff’s ongoing medical needs, and thus summary judgment in the plaintiff’s favor was not appropriate.

The Facts of the Case

The plaintiff was involved in a car accident with a driver who was insured by the defendant insurance company. On the day of the accident, the plaintiff went to the doctor and was diagnosed with whiplash and related injuries.

The plaintiff’s attorney requested that the insurance company make advance payment of medical expenses, which totaled approximately $53,000 over the course of the next six months. At that time, the insurance company requested the plaintiff to undergo a medical evaluation to determine if the continued medical care she was requesting was a result of the accident. The plaintiff refused the evaluation, and the insurance company denied all future payment for medical expenses.

Car Accident Victim’s Claim Against Insurance Company Dismissed Based on Untimely Filed Notice of Claim

December 11, 2017 | Lebowitz & Mzhen

Earlier this month, a state appellate court issued a written opinion in a personal injury case illustrating the difficulties that Maryland car accident victims may encounter when trying to file a claim against their own insurance policy’s underinsured motorist provision. The case required the court to determine if the plaintiff’s untimely notice of claim violated the language in the insurance policy, and if so, whether the insurance company was proper in denying the plaintiff’s claim. Ultimately, the court found in favor of the insurance company on both issues and dismissed the plaintiff’s claim.

The Facts of the Case

The plaintiff was injured after she was involved in a car accident while she was a passenger in a friend’s vehicle. The accident occurred in September 2010. Approximately two years later, the plaintiff filed a claim against the other driver, who she claimed was responsible for the accident and her injuries. That claim was eventually settled for approximately $36,000, which was the remaining amount left under the at-fault driver’s insurance policy after the other victims of the accident had been compensated.

The settlement with the other driver failed to cover all of the plaintiff’s expenses related to the accident, so the plaintiff then filed a claim with her own insurance policy, under the underinsured motorist provision. That policy contained language requiring that the insurance company be promptly notified of any accident, as well as any court case that was filed. Specifically, the policy stated that the insurance company “must be notified promptly of how, when and where the accident or loss happened,” and the insured must “promptly send us copies of the legal papers if a suit is brought.”