Tuesday, July 29, 2014

Maryland Car Accident Lawyer : Pre-Settlement Funding

Being involved in an accident can become a financial burden. There are unexpected daily expenses that arise as a result of being injured in an automobile accident. Many are inclined to take out pre-settlement loans to ease their financial burdens.
Be warned, there are many pit falls to pre-settlement loans. These are not like traditional loans that you would receive from your bank. The interest on pre-settlement loans is very high and increases the longer the loan goes unpaid. Typically, rates range from 2% to 4%, plus fees, compounded every single month. A $1,000.00 loan could cost you $1,601.03 after a year. That is a 60% increase.
Pre-Settlement funding companies woo clients with misdirection and word play. They tell clients that the loan is not a direct cost to them, but rather a cost against their final settlement. Any cost against the final settlement is a cost to the client. The money for repayment of that loan comes out of the client's portion of the settlement proceeds. The loans, like any lien on a case, must be paid before medical expenses. Depending on the age of the loan and the compounded interest, clients could find themselves receiving nothing out of their settlement. Further, clients could find themselves receiving nothing out of their settlement and still owing money for medical expenses.
It is true that if your case is not successful, you do not pay back the loan. However, success can come at a high cost.
We caution our clients against taking these loans unless absolutely necessary and only after they have exhausted all of their option such as seeking financial assistance from their families and friends or their private lending institution. If you find yourself in a position to take a pre-settlement loan, it is recommended that you take only a small amount of money, essentially take only what you absolutely need. Do not borrow yourself out of your own recovery.

Are you injured in a car accident and wondering what to do next? 
Please visit our website or Call us now at 410-995-1515 for a free legal consultation.

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Ellicott City, Maryland Criminal Defense Attorney|Your Right to Remain Silent

Many already know that the right to remain silent from the much-quoted Miranda rights. It is important to remember that every person who is interrogated while in custody must be given their Mirandarights. An interrogation is when the police act or speak in a way they know will reasonably elicit an incriminating response, and being in custody means that the individual does not feel free to leave.


The right to remain silent originates from the Fifth Amendment privilege against self-incrimination, and later outlined in the caseMiranda v. Arizona. In order to invoke your right to remain silent, it is not enough to simple refuse to speak. This means that simply remaining silent may be used against you in the court of law. In order to prevent this, the interviewee must actually state that they are not speaking because they are invoking their right to remain silent.


For those who do not speak English or speak English as a second language, it is absolutely essential that they learn to say "I would like to use my right to remain silent" in English so that they can protect themselves from self-incrimination. This is more important for those who do not speak English or speak English as a second language because the speaker may not fully understand the words they are speaking and accidentally give information that can be used against them.

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Friday, July 25, 2014

College Park, Maryland Auto Accident Attorney|Understanding Your Traffic Violation

When you first receive a traffic ticket, it is important to understand the offense with which you are charged along with the consequences you may face. In Maryland, there are two types of traffic violations: Minor and major.

Minor Traffic Violation:

If you have been charged with a minor traffic offense, such as speeding, you may choose to pay the fine or contest the ticket in court. If you choose to pay the fine, you are admitting guilt for the charge and may rack up points in the point system set by the MVA.

 The Maryland point system is a way for the state of Maryland to examine your driving record and determine what type of punishment is appropriate for you. If you accumulate five points on your record within a two-year period, the MVA will set up a conference to assess your driving record. If you accumulate eight points, your license may be suspended. If you have questions about your ticket or how many points is assigned to your violation, ask the police officer who issued the ticket or consult an experienced auto accident attorney who can help you look at your options.

 Instead of paying the stated fine, you may choose to contest your minor traffic violation ticket by going to court. Your court date will be on the ticket. A car accident lawyer can help you examine the surroundings of your violation and see if you have a chance to fight against your charge. If you do not pay the fine and do not show up for your court date, your driver's license will automatically become suspended. If you are caught driving with a suspended license due to failure to pay for a ticket or appear in court, you face a 60-day jail sentence and a $500 fine. Do not ignore your ticket simply because it is a minor violation.

 Major Traffic Violation:

 Major traffic offenses are traffic violations that could put you in jail if you are convicted. If you are charged with a major offense, you are required to come to court and do not have an option to simply pay a fine. Along with your ticket, you will receive a summons from the court in the mail stating the date, time, and location of your trial. It is advised that you seek legal counsel, and you must do so before the date of your trial - the earlier the better. 

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Thursday, July 17, 2014

Silver Spring, Maryland Auto Accident Attorney|Who is responsible for my auto accident?

After an auto accident, many of our clients are scared and confused by the overwhelming legal process. Clients come to us with worries of their case that arise from every angle. We always tell our clients that the most important step is recovery and treatment. Any stress or anxiousness with regard to their case can only hinder their ability to recover. The attorneys at Portner & Shure make sure that clients focus on their treatment while we, the professionals, take care to pursue every avenue for compensation.


While most attorneys rarely look beyond the obvious opponent, the other party to the accident, the attorneys at Portner & Shure take a closer look at accidents to ensure that every party is held responsible for the accident. Besides the other driver, we look to parties such as the automobile manufacturer who may have produced or assembled a faulty vehicle, the parts manufacturer who may have produced a faulty part used in the vehicle, and the government who may have failed to maintain or may have constructed a poorly designed road.


Recently, General Motors recalled 8.5 million vehicles due to ignition switch problems. These recalls came too late after 13 drivers and passengers had died due to these issues. Now, the CEO of the manufacturing company that produced the ignition switches claims that he holds no responsibility for the deaths. It is easy for auto accident attorneys to provide a cursory look and choose the easiest way to process your case in an assembly-line manner, but the attorneys at Portner & Shure take the extra step to closely examine all avenues of compensation so that you, the client, can recover from your injuries. 

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Friday, July 11, 2014

Greenbelt, Maryland Auto Accident Attorney|When the Police Report is Wrong

After a car accident, it is wise to call the police so that they can make a report of the accident. In the report, the officer will jot down information such as where the accident occurred, who was involved, witnesses that were present, the extent of the vehicle damage, the injuries sustained by the parties, and, sometimes, which party was at fault. This is very helpful when it comes time to determine liability later on, but what happens if the police report is incorrect? Or worse, what if the information on the report points to you as the one who is liable?

There are many ways in which one can handle a tricky police report, but it is wise to contact an experienced auto accident attorney to take care of the situation for you. When the police report is working against you, your case is beyond a cut-and-dry case and it is important to have a knowledgeable lawyer to assist the situation.

The first step in handling an incorrect police report is to make a request to have the report amended. This request would include a statement of facts of the pertinent details of the accident and your attorney would ask that your version of the incident be attached to the original report. It will be entirely up to the officer's discretion whether or not to include your version of events into the report, so it is essential that an attorney make the request for you. 

If the police report suggests that you are the party at fault, your attorney can take steps to defend you. Your lawyer can attack faults on the report like information that was taken from the other party or an unreliable witnesses. Another way to fight a police report is to attack the experience and training to analyze skid marks or vehicle positioning.

The attorneys at Portner & Shure are ranked amongst the best in Greenbelt, Maryland and around the DC Metro area. In fact, Jonathan Portner is a member of the Million Dollar Advocates Forum, has been featured in TIME magazine's 2013 Excellence in Law, and is a member of The National Top 100 Trial Lawyers organization. We strive to listen and communicate with our clients through our multilingual paralegals and provide the best legal services with our knowledgeable attorneys and legal team.

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