Maryland Car Accident Attorney Blog

The Availability of Uninsured & Underinsured Motorist Benefits Following a Maryland Car Accident

June 26, 2019 | Lebowitz & Mzhen

When someone is killed in a Maryland car accident, their loved ones can pursue a wrongful death claim against the at-fault party. Due to the tragic nature of Maryland wrongful death cases, they can result in significant damages awards. Often, the damages awards are much greater than any single insurance policy. Thus, wrongful death litigants will generally try to recover under as many insurance policies as are available. This includes the accident victim’s own policy, under the policy’s uninsured/underinsured (UIM) provision.

Recently, a state appellate court issued an opinion discussing some of the issues that can come up when pursuing claims under multiple insurance policies. In that case, the driver of a vehicle lost control and crashed, causing the passenger’s death. The passenger’s mother, the plaintiff, filed a personal injury claim against the driver and settled for the full value of the insurance policy. However, because the damages the plaintiff suffered as a result of her daughter’s death exceeded the amount available under the driver’s policy, she also filed claims under three insurance policies she held.

The defendant insurance company provided coverage under one of the policies, but denied coverage under the other two. The plaintiff filed a breach-of-contract action against the defendant, asking the court to compel the defendant to provide coverage under all three policies. The lower court entered summary judgment in favor of the insurance company, but on appeal, that decision was reversed. The insurance company appealed to the state’s high court.

The Importance of Conducting a Thorough Investigation Following a Maryland Car Accident

June 19, 2019 | Lebowitz & Mzhen

The goal of a Maryland car accident lawsuit is to award the victim of the accident financial compensation for the injuries they sustained in the accident. However, sometimes, determining who is the victim is not an easy task. While some accidents present straightforward situations pointing to one or more parties being at fault, other accidents are much more complicated. In either case, conducting an in-depth investigation is a crucial step in filing a personal injury lawsuit.

A few basic facts that should be a part of any Maryland car accident investigation include:

the location and time of the accident;

Holding a Hit-and-Run Driver Liable Through a Maryland Personal Injury Lawsuit

June 12, 2019 | Lebowitz & Mzhen

Hit-and-run collisions occur when at least one individual involved in an accident leaves the scene before providing their identifying information or rendering any necessary aid to the others involved in the accident. Maryland hit-and-run accidents are one of the most devastating types of car accidents and often result in serious personal injury or death. According to a study conducted by the AAA Foundation for Traffic Safety, over one hit-and-run crash occurs every minute in the United States. Maryland drivers who are involved in a hit-and-run accident should contact a personal injury attorney to discuss their rights and remedies.

Under Maryland Transportation Code § 20-102, drivers involved in an accident that result in bodily injury must immediately safely stop their vehicle as close to the scene of the crash as possible. If they have left the scene of the accident, they must return as soon as possible

Maryland drivers involved in an accident that results in a bodily injury or death must render reasonable assistance to any injured party. Reasonable assistance includes requesting medical aid if it seems necessary or if the injured party requests it. The drivers must provide their name, license information, address, and registration number to the injured person and the driver, passenger, or any other person involved in the accident. If no one can receive the information, the driver must provide information to the police. If a Maryland driver hits an unattended vehicle, they must still stop their car and offer this same information. In such cases, a written note left on the vehicle is sufficient.

Punitive Damages in Maryland Car Accident Cases

June 4, 2019 | Lebowitz & Mzhen

For those who have been injured in a Maryland car accident, understanding the types of available damages that can be recovered in a personal injury lawsuit is essential. Generally, damages are divided into two categories: compensatory and punitive damages. Simply stated, compensatory damages are focused on the harms caused to the plaintiff, whereas punitive damages are focused on deterring the defendant’s behavior that resulted in the plaintiff’s injuries.

Compensatory damages are very common, and they are awarded in almost all successful car accident cases. These include damages based on past medical expenses, lost wages, and emotional harm, such as pain and suffering. Punitive damages are much less common in Maryland. To obtain a punitive damages award, a plaintiff must show that the defendant exhibited “actual malice.” Thus, a plaintiff cannot receive a punitive damages award by showing mere negligence, or even recklessness. Not only that, but also the showing of actual malice must be established by clear and convincing evidence – a higher evidentiary standard than is typically applied in personal injury cases.

A recent case illustrates the type of situation that may result in an award of punitive damages.

Maryland Car Accidents Involving Delivery Drivers and Other On-the-Clock Employees

May 28, 2019 | Lebowitz & Mzhen

One of an injury victim’s most important considerations when filing a Maryland car accident claim is which parties to name as defendants. Generally speaking, an injury victim should include all potentially liable parties in a case to avoid one of the named parties from shifting liability onto a non-present party. This could have the effect of reducing a plaintiff’s total recovery amount, or even preventing a plaintiff from recovering for their injuries altogether.

Of course, the most obvious defendant in a Maryland car accident lawsuit is the other driver. However, it is important for Maryland accident victims to realize that individual motorists rarely have sufficient assets to fully compensate a plaintiff for their injuries they have sustained in a serious accident. While insurance coverage can help to cover a damages award, many motorists only carry the minimum amount of insurance which, in Maryland, is just $30,000 per person/$60,000 per accident. Of course, the amount of damages in a serious Maryland car accident often far exceeds these figures.

By naming additional parties as defendants, a plaintiff increases their chances of being able to collect on any award they receive. This is especially the case when an added defendant is a business or government entity. For this reason, perhaps the most commonly named party other than the at-fault driver is the at-fault driver’s employer.

Summary Judgment in Maryland Car Accident Cases

May 21, 2019 | Lebowitz & Mzhen

One of the most important phases in a Maryland personal injury case is the summary judgment stage. Summary judgment is a procedural mechanism by which a party can file a motion asking the court to enter judgment in the party’s favor without empaneling a jury. One of the reasons why summary judgment is so important is because most cases are settled after the summary judgment stage.

If a plaintiff is able to defeat a defense motion for summary judgment, defendants may not want to risk being found liable after a jury trial, and will offer to settle the case. At the same time, even if a plaintiff is successful in overcoming the summary judgment motion, they too may not want to risk the uncertainty of a jury trial.

In Maryland, summary judgment is only appropriate when there is “no genuine dispute as to any material fact and that the [moving] party is entitled to judgment as a matter of law.” The summary judgment analysis can be broken down into two parts. First, that all material facts are undisputed. And second, when the court applies the law to the un-controverted facts, the law requires judgment to be entered in the moving party’s favor. A recent case illustrates how courts conduct summary judgment analysis.

Maryland Court Discusses “One Satisfaction” Rule in Recent Personal Injury Case

May 13, 2019 | Lebowitz & Mzhen

Recently, a state appellate court issued a written opinion in a case that originally arose after the plaintiff was injured in a Maryland car accident. The case required the court to determine if the plaintiff’s subsequent medical malpractice lawsuit against her treating physicians was precluded by the one satisfaction rule.

According to the court’s opinion, the plaintiff was injured in a car accident that was caused by another driver. The plaintiff was treated for her injuries at the defendant hospital. While she was being treated at the hospital, medical providers punctured the plaintiff’s brachial artery as they attempted to insert a Peripherally Inserted Central Catheter (PICC) line. The plaintiff developed an infection that required additional surgery.

The plaintiff initially filed a claim against the at-fault motorist seeking compensation for “emotional pain and suffering, past and future medical expenses, and the inability to engage in her usual employments, activities, and pursuits.” The plaintiff settled with the at-fault driver’s insurance company for $25,000, and then filed an underinsured-motorist claim with her insurance company. That claim was settled before trial for $125,000. The hospital was not a part of either settlement agreement.

The Importance of Determining the Relevant Standard in Maryland Car Accident Cases

May 7, 2019 | Lebowitz & Mzhen

When an accident victim is injured due to the negligence of another person, the injured party can pursue a Maryland personal injury lawsuit against the party or parties she believes are responsible for her injuries. To succeed in a personal injury lawsuit, a plaintiff must be able to establish that the named defendants were legally negligent.

The standard used by courts to determine whether a defendant acted negligently will depend on a variety of factors. For example, Maryland law generally imposes a duty on all motorists to drive carefully and in accordance with all applicable traffic laws. On the other hand, Maryland premises liability law may only impose a duty on a landowner not to willfully or maliciously cause a visitor harm.

Most Maryland personal injury cases involve just one standard; however, it is not uncommon for the parties to argue over which standard applies. A recent case illustrates how important the determination of the legal standard can be to a personal injury case.

Pursuing a Maryland Wrongful Death Claim after a Serious Car Accident

April 26, 2019 | Lebowitz & Mzhen

In the tragic event of the death of a loved one, family members may be able to file a Maryland wrongful death claim against the person or entity at fault for their loved one’s death. In Maryland, the Wrongful Death Act permits certain family members to bring a claim for damages after the death of a family member. The Act is meant to compensate families whose loved ones have died due to the wrongful acts of another person or entity.

The Wrongful Death Act is also intended to compensate families for their own loss as a result of the decedent’s death. Therefore, it can be filed only by certain family members, rather than the decedent’s estate. Generally, the family members that can bring a wrongful death claim are a spouse, parent or a child. If the decedent does not have a spouse, parent or child, any other person who is dependent on the deceased accident victim and who is related by blood or by marriage can bring the claim.

A wrongful act under the Wrongful Death Act is an “act, neglect, or default” that would have allowed the decedent to file a claim and recover damages if the decedent had not died. Plaintiffs may be entitled to recover damages for “pecuniary” losses, as well as damages for pain and suffering, parental care, loss of companionship and guidance. In general, a wrongful death claim in Maryland has to be brought within three years of the date of the decedent’s death. There are several exceptions, however, and anyone considering filing a Maryland wrongful death case should consult with a dedicated Maryland injury lawyer.

Virginia Court Discusses Collateral Source Doctrine in Recent Opinion

April 17, 2019 | Lebowitz & Mzhen

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, its origins, and how it applies in Virginia personal injury accidents.

In this case, the claim was between a power plant and contractor what was paid to perform certain work at the power plant. According to the court’s opinion, there was a boiler accident at the power plant that resulted in the deaths of three workers. The families of the deceased workers filed claims against the power plant, the contractor, and several other parties.

Evidently, there was a contract between the power plant and the contractor that required the contractor to obtain certain insurance coverage. However, the contractor did not purchase the specified insurance coverage. Nonetheless, after the power plant paid out nearly $5 million to settle the cases, and incurred nearly $10 million in legal fees, the power plant was fully reimbursed by all available insurance policies. However, the power plant pursued a breach-of-contract claim against the contractor, arguing that it failed to obtain the specified insurance. The court had to determine if the power plant could pursue such a claim, given the fact that it had undisputedly already recovered for the total costs of defending and settling the lawsuit.