Maryland Auto Accident Attorney| Difference Between State and Federal Law

Many of our clients ask us to explain the distinction between Federal laws and state laws. State laws only apply to those who are within that state. Local laws are for counties, towns, and municipalities. This is different from Federal laws, which apply to everyone within the United States. Federal and state laws are separated by the areas of law in which they cover.

Federal laws include:

• Immigration Law


• Bankruptcy Law


• Social Security and Supplemental Security Income Laws


• Civil Rights Laws (Laws that protect against discrimination based on race, age, gender, and disability)


• Patent and Copyright Laws


• Federal Criminal Laws (This includes laws such as tax evasion, kidnapping, counterfeiting, immigration offenses, and certain drug-related offenses)

State laws include:

• Criminal Matters


• Divorce and Family Law


• Welfare and Public Assistance


• Wills and Estates Law


• Real Estate and Real Property Law


• Business Law


• Personal Injury and Negligence Law


• Workers' Compensation Law

Local Laws include:

• Rent Laws


• Zoning Laws


• Local Safety Laws

Maryland Personal Injury | Facebook and Twitter Can Hurt You as Much as Your Injury

After suffering from a serious personal injury due to the negligence of another in Maryland, most of our clients focus on getting better. In fact, in the past we would instruct clients that going to the doctor was all they needed to do, with the rise of social media this has now changed.

All Portner & Shure clients are now instructed that they need to be aware that the defendant's insurance company may be viewing their Facebook and Twitter posts. In fact, posts are now discoverable during the course of litigation. Discovery is permissible regardless of whether privacy settings have been set to allow limited access. All of our injury clients are specifically told, therefore that they should no longer post anything that could be considered relevant to their claims.

Once a post is made that could be viewed as harmful to any injury cases, your lawyer cannot ethically instruct you to delete the post. Be aware, in short, that social media posts that are inconsistent with your claim can actually destroy settlements.

Not long ago our injury firm only had to instruct clients in work injury cases or serious injury cases, that doing activities inconsistent with their claim could be caught on video tape. Despite my warnings, I did have several cases that I remember distinctly where a video tape of my clients activities was played at trial. Once, a client claiming a serious injury was found bowling. Another, a sympathetic nice Chinese speaking client, claimed she could not do any activities, yet was filmed raking leaves. Another, a man who claimed he could not raise his arms or lift anything, was filmed putting a rack on top of his car, and filling it with luggage and vacation items. Now, I fear defense attorneys can easily use documents revealing damaging statements, or pictures. from social media.

Maryland Personal Injury|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.