September 2017 Employee Spotlight

Join us in welcoming one of our newest attorneys, Justin Weiss. Mr. Weiss received his undergraduate degree in Psychology from Boston College in 2006. Before attending George Mason University School of Law, he worked on Capitol Hill for two Democratic members of the House of Representatives.  He was admitted to the Virginia State Bar in 2012 and the Maryland State Bar in 2017.   At Portner & Shure, he practices traffic/criminal defense and personal injury law, including automobile accidents. Mr. Weiss has protected the rights of individuals accused of crimes and traffic offenses and successfully represented clients in a variety of civil matters. Mr. Weiss communicates regularly with his clients to help solve their legal issues.  Before entering the courtroom, he thoroughly prepares his clients, so there are rarely any surprises.  Mr. Weiss is a passionate and persuasive advocate with trial experience in courts throughout Maryland and Virginia.

Employee Spotlight July 2017

Join us in welcoming Kimberly Molina to the Portner & Shure family. She is a receptionist in our Columbia, Maryland office and has been with us since March. Kimberly speaks English and Spanish, which is an important asset at the firm for talking with clients on the phone. Kimberly also actively participates in shooting Spanish videos for the firm. She was born in the United States, but her parents are from El Salvador and came to the United States in the 1990s. Kimberly also has an older brother that was born in El Salvador, but is now living in the United States as well. Kimberly has two children, a daughter named Anabella and a son named Nathan. In her free time, she enjoys going to the gym, spending time with her family, camping, and going to the beach.

Litigation News June 2017

This month in litigation news at Portner & Shure, we have an accident case where our client was rear-ended at a red light and the defendant driver’s insurance carrier denied liability, forcing us to file suit in order to obtain the compensation our client was entitled. In this accident, our client suffered injuries to her back, neck, hip, and shoulders. He required chiropractic treatment for his injuries. After incurring nearly $2,500.00 in medical expenses and with liability denied by the insurance company, our litigation team filed suit and this case was headed to trial. The trial Judge found the defendant liable and awarded our client $7,133.00 plus court costs. Our client was extremely satisfied with this result, especially considering that the insurance company initially denied liability and was not offering anything to settle. This case is yet another example of an accident where property damage is minimal, and for that reason only, the insurance company will deny liability without considering actual injuries suffered by the victim. 

Injured by an Emergency Vehicle in Maryland?

Here's something you probably have never thought of: what happens if you're injured in an accident caused by a speeding emergency vehicle?

We see police cars, fire trucks, and ambulances speeding by us everyday on the roadways. In Maryland, operators of emergency vehicles have certain privileges when it comes to traffic laws, but that does not mean that they are completely immune from liability if they negligently cause an accident.

Accidents involving emergency vehicles do happen, and in some circumstances, the emergency vehicle can be held liable. Maryland traffic laws allow emergency vehicles to run red lights and pass stop signs as long as they first slowed down to ensure they could pass safely. These vehicles are also allowed to exceed the speed limit as long as it is possible to do safely.

Ordinary negligence of emergency vehicles operated by a government entity can only result in, at most, $30,000 in insurance coverage. However, if you can prove gross negligence on the part of the emergency vehicle, Maryland law caps damages at $400,000.

If you've been injured in an accident caused by the negligence of an emergency vehicle, call the attorneys at Portner & Shure for a free consultation today: (301) 854-9000, (410) 995-1515.

How Does a Contingency Fee Work?

Common practice in all personal injury cases is for an attorney to do work based on a contingency fee. Many people are usually confused as to what a contingency fee means. They immediately hear the word fee and worry that they are required to pay something, even if their case is lost. That is NOT the case at all. A contingency fee means that there is NO attorney's fee UNLESS you win your case. In other words, if we do NOT win your case, there is NO attorney's fee. There is absolutely no risk in hiring an attorney to represent you in a personal injury case, but much to gain.

The standard contingency fee rate is 33.3%. That means that your attorney's fee will be 33.3% of any recovery you get in your case, whether it be a settlement or trial verdict.

If you've been injured in an auto accident, call Portner & Shure for a free consultation and let us get you the compensation you deserve: (301) 854-9000, (410) 995-1515.

Why You Shouldn't Accept Any Settlement for Your Auto Accident Case Without Consulting with an Attorney

When you've been involved in a motor vehicle accident, it's not at all uncommon for the other driver's insurance company to make you an offer very soon after the accident, and before you retain an attorney.  Frequently, the insurance company will offer an amount to pay medical bills you incur within a month of the accident plus a modest amount for your pain and suffering.  The offers generally range from $500 to $2,000.  In the first few days after the accident, the figure being offered may seem like a great deal, but accepting a settlement without consulting with an attorney first is simply a huge mistake for several reasons.

If you accept a settlement before you know the full extent of your injuries and expenses, you will seriously short change yourself and may end up having to pay medical expenses out of your own pocket.  The insurance companies make these offers solely in hopes that they can get out of the case for much less than their actual exposure. 

An attorney can help you coordinate your treatment with medical providers that won't insist on payment up front.  This way you can afford to wait to settle until you know the true value of the case.  An attorney can also help you assess the value of your case to ensure that you are getting a fair settlement.  In almost every case, an attorney can get you a much bigger settlement than what you can get on your own, enough to cover any attorneys' fees and still put a good sum in your pocket.

If the insurance company is making you an early offer or seems overly eager to close your case and send you a check – just say no.  In all instances, this is a huge red flag and you should have an attorney review your case immediately.  

June Employee Spotlight

We are thrilled to introduce our new legal intern Alissa. June was her very first month at the firm!

She recently graduated Magna Cum Laude from Franklin & Marshall College with a bachelor’s degree in Government. 

She was initiated into Phi Beta Kappa Honors Society, Pi Sigma Alpha Government Honors Society, and the John Marshall Pre-Law Honors Society.

She spent the spring of her senior year interning in the Juvenile Court Unit at the Philadelphia District Attorney’s Office. She will be helping our litigation department this summer and managing our social media.

Ali is headed off to University of Maryland Law School in fall, but until then we are excited to have her on our team! 

Employee Spotlight April 2015

Amy Patton, our newest Senior Claims Paralegal, boasts nearly a decade of experience handling personal injury claims for one of the ten largest firms in Baltimore.  During that time, Amy handled and settled automobile accident claims, slip and fall cases, products' liability and truck accident claims.  She has helped recover countless favorable settlements for many victims of catastrophic injuries. Last year alone, her recoveries exceeded one-half million dollars. In the process, Amy has displayed empathy to each of her clients, regardless of the extent of their injuries. Her countless referrals reiterate that all of her clients appreciated the high level of attention given to each of her claims.

In addition to the job training, Amy obtained a degree in Paralegal Studies, graduating with honors.  Amy is also one of the founding campus members of Lambda Epsilon Chi, which is the National Academic Honor Society for Paralegal Students.  Periodically, she still attends events for The National Honor Society to help students eager to become Paralegals.  After completing her Associates of Arts Degree, she continued her education at the University of Baltimore and will be graduating soon with a four year degree.

In her spare time, Amy plays beach and indoor volleyball.  She also currently trains at Cross Fit with other members of the law firm.

The Best Maryland Injury Lawyers Know Crosswalks: Do You?

Many Marylanders know that they are supposed to walk inside of a crosswalk when crossing an intersection. However, most do not know the potential consequences of failing to do so, and the many nuances in Maryland's laws, like the effect of contributory negligence on pedestrians and crosswalks. In fact, injury attorneys in Maryland are confronted with the harsh consequences of crosswalk accident cases every day. This piece addresses some tips on how to avoid being on the wrong side of Maryland's crosswalk laws.

In Maryland, a crosswalk exists where a sidewalk ends at the street. Therefore, there are two types of crosswalks. The first is a "marked crosswalk." The second, and less commonly known, is an "unmarked crosswalk." An unmarked crosswalk is defined under Maryland Law as: "that part of a roadway that is within the [continuation] or connection of the lateral lines of sidewalks at any place where 2 or more roadways of any kind meet or join, measured from the curbs or, in the absence of curbs, from the edges of the roadway." In other words, there does not have to be a marked path or a sidewalk on both sides of the street for a crosswalk to exist. If a sidewalk approaches a street and ends, even if there is no sidewalk on the opposite side of the street, an unmarked crosswalk exists where the sidewalk would have extended into the street. Therefore, in unmarked areas as these automobile accident victims have the right-of-way.

Pedestrians should also know that they may not cross an intersection diagonally, unless there is a crossing device that not only permits a pedestrian to cross the intersection diagonally but also signals the pedestrian to do so. Furthermore, a pedestrian is required by law to walk on the right half of a crosswalk. In the case of jay-walking pedestrians, Maryland places a high duty of care on the pedestrian. This means that a pedestrian who crosses a street without using a crosswalk has the responsibility of making sure that no car hits them. This is important because many people believe that the operators of vehicles have the responsibility not to hit pedestrians. Yet, it is pedestrians who have the responsibility of not being struck by a vehicle when crossing at a location other than a crosswalk. Therefore, pedestrian accidents that occur outside of a crosswalk often lead to no personal injury recovery for such automobile accident victims.

Maryland is one of the few states that requires its personal injury attorneys to confront the rule of contributory negligence. Under Maryland Contributory Negligence law, if a person injured by another is negligent leading up to the automobile accident that caused them harm, that person is completely prevented from recovering against the party that injured them in the collision. In the case of a pedestrian hit by a motor vehicle, this means that if a pedestrian fails to follow the proper rules of the road regarding pedestrian street-crossing, a pedestrian can be out of luck when he or she looks to the Maryland courts for justice in their personal injury claim.

Because of contributory negligence laws in Maryland, even the best and most experienced Maryland personal injury lawyers can do little to help a victim recover in an automobile accident case if he or she was negligent in crossing a street. Therefore, it is important to know that when crossing a street pedestrians should make sure to walk within crosswalks and obey traffic signals. By doing this, the right-of-way is on your side when you need an experienced Maryland Injury Attorney to fight for you.

If you or a family member has been injured or killed in an automobile accident, truck, bus or motorcycle accident, pedestrian accident, and would like a free legal consultation or if you would like more information on car accidents or personal injury, please feel free to contact our office or visit us on the web at www.portnerandshureaccidentlawyers.com.

 

Green v. N.B.S. Inc.: Court of Appeals Upholds Broad Interpretation of Cap on Non Economic Damages

On July 21, 2009, the Maryland Court of Appeals issued a ruling that will have a dramatic impact on how the cap on noneconomic damages is applied to tort cases.  The Court, in Green v. N.B.S. Inc., held that claims brought under the Consumer Protection Act are to be considered torts, and hence subject to the cap limiting awards on noneconomic damages.  The argument set forth by the Appellant contended that the cap on noneconomic damages is only applicable to torts that are considered common-law torts, and not to civil wrongs like the statutory violation in this case. 

Ultimately, the ruling by the Court of Appeals will have the lasting effect of broadening the applicability of the cap on noneconomic damages.  The Appellant's contention in this case was that the cap only applied to torts like negligence.  With this ruling on the books, the cap on noneconomic damages will apply to all torts, be they from civil rights violations, automobile accidents or medical malpractice. 

A ruling like the one described in Green gives reason to explore why there is a cap on noneconomic damages in the first place.  The cap on noneconomic damages essentially serves to protect the wrongdoer, and punish the innocent victim who's suffering goes far beyond the scope of economic damages.  The cap also is inherently biased against individuals who are at lower incomes or who do not work.  For example, if a child, housewife, or senior citizen suffers a severe head injury in an automobile accident, the economic damages available may be limited because the victim is not working.  However, the noneconomic damages incurred from injuries sustained in the automobile accident may be significantly higher.  The system, as it's currently designed, sets forth the unfortunate implication that the injuries suffered by children, housewives and the elderly are somehow worth less than injuries suffered by others. 

Many states that had passed caps on noneconomic damages have since repealed them.  Hopefully, Maryland will do the same. 

If you or a relative has suffered an accident-related injury, be it a car accident or otherwise, please contact Portner & Shure.