Litigation News August 2017

This month in litigation news at Portner & Shure, we have an accident case where our client was rear-ended in a line of three cars in Montgomery County, Maryland. Liability was not an issue in this case, but the liability insurance carrier would not make a fair offer of settlement considering our client’s injuries and pain and suffering. Our client suffered injuries to her neck, shoulders, back, numbness in her leg, and a concussion. With nearly $10,000.00 in medical expenses, our client endured over 3 months of medical treatment for her injuries. Due to the insurance company’s failure to make a fair offer of settlement, our litigation team filed suit to battle this out in court. The trial Judge in the General District Court for Montgomery County awarded our client $14,949.79 plus court costs. This trial award was more than $3,000 higher than the top offer from the insurance company. Our client was extremely satisfied with this result, especially considering that the insurance company tried to settle the case for much less. 

Employee Spotlight June 2017

Join us in welcoming one of our newest legal assistants, Dianna Zientek, who works out of our Columbia, Maryland office. Dianna has been with Portner & Shure since January and has quickly become involved in many different areas of the firm, including videos and Spanish translations. She was born in the United States, but her parents are from El Salvador. Growing up, Spanish was Dianna’s first language, but she quickly learned English from her father because he would speak it at home. She is very close with her family, including her three sisters and her brother. Dianna and her husband, Nicholas, recently celebrated their daughter, Kamila’s, first birthday. Outside of the office, Dianna enjoys spending a lot of time with her family, as well as scrap booking.

Words to NEVER say to a Liability Carrier

Our first advice is to never talk to a liability carrier, but if you do, here are some things to never say:

1.      Sorry—implies fault

2.      I’m fine—many injuries take time to show up. Oftentimes you feel far worse the next day

3.      Sure, record me—carriers love to obtain recorded statements.  A person making a claim lying or admitting to something will weaken their claim

4.      Whiplash—insurance industry experts say that this throws up red flags that you are exaggerating the severity of the accident  

If you’ve been injured in an auto accident, talk to an attorney first. Everything you say to the insurance carrier can be used against you in your case and it can significantly limit any possible recovery. Call Portner & Shure today for a free consultation: (301) 854-9000; (410) 995-1515.

Maryland Auto Accident Attorney: Litigation News May 2016

This month, our attorneys were successful in two auto accident trials against Geico.  For 2016, Geico instituted a new policy for minor impact low property damage accidents to open settlement negotiations with an offer and then refuse to negotiate in good faith any further.   In both of these Montgomery County, Maryland rear-end accidents, our clients were injured and sought chiropractic treatment for their injuries.  Our attorneys were forced to file suit in both cases because of Geico’s refusal to negotiate a settlement.  In the first case, our client received a verdict of $7,395.  In the second case, our client received a verdict of $8,780.

Instead of trying to negotiate a fair settlement for both clients, Geico adjusters refused, and as a result, they were forced to pay more money in Court than if they would have been willing to negotiate both claims in good faith.  Our attorneys have certainly noticed a pattern here with Geico since they began using this new policy, and if this continues, we will not hesitate to continue filing suit.

Maryland Accident Lawyer: Why You Should Carry Collision Coverage on Your Car

   ·         If you don’t carry your own collision coverage, and you’re involved in an accident where the other driver won’t admit fault, you could be stuck without a vehicle for months.

o   You may think that you’re a careful driver, who would never cause an accident, so you shouldn’t need this coverage.

o   And you may really be an extremely good driver – but that doesn’t mean that the at fault driver will always accept responsibility for an accident without a fight.

   ·         Consider these common scenarios.

o   You’re stopped at a red light.  Then all of a sudden you feel an impact.  You get out of the car and see that you’re the front car in a pileup.

§  Clearly, this accident is anybody’s fault except for yours.  But if the drivers of the vehicles behind you can’t agree on whether it’s the last car that started the whole thing, or whether two of the vehicles actually contributed, you won’t see anyone taking full responsibility and you won’t be seeing a check for your property damage until those two drivers fight it out in court.

o   You slow down for traffic and get struck in the rear.  There’s only one other vehicle that appears to be involved in the accident.  But then the driver who rear ended you claims that a phantom vehicle actually caused the accident and pushed him into you.

§  Again, not having collision coverage will put you in a situation where you’re counting on people to do the right thing.  In this scenario you’ll have to wait until your court date before you’ll have your property damage fixed.

o   Not to mention a serious liability dispute, for example a lane change or red light dispute.  These cases often come down to word vs. word and if you don’t have your own coverage, you could be out of a car for good.

o   Keep in mind that you may have to pay for your own estimate, or pay for the repairs on your own, before you can ask for reimbursement from the liability carrier.  The costs you pay to obtain the estimate will not be reimbursed.

   ·         If you choose to carry collision coverage you can save yourself a big headache by making your claim through your own insurance carrier if the other driver won’t accept responsibility.

o   If you’ve been in an accident, the last thing you want to worry about is getting your car repaired or replaced.

o   If you have collision coverage, your carrier will estimate the damage and get the vehicle repaired.

o   Then they will attempt to recover that amount from the at fault driver – including any deductible you paid.

If you or a family member have been injured or killed in a Maryland car accident and would like to consult an experienced personal injury attorney for free, contact our office at (301) 854-9000 to schedule an appointment at one of our office locations in Columbia or throughout Maryland or visit us online at http://www.portnerandshure.com/Personal-Injury/

Maryland Car Accident Lawyer: Route 175 Gets Approval to Widen Lanes to Improve Traffic and Safety Concerns

            Governor Hogan just announced that he has approved funding for a new transportation project.  The section of highway Route 175 near Fort Meade has always been a high-traffic area and frequently has significant bottlenecking problems.  The section of 175 between Route 295 and Mapes Road will increase from two lanes to six lanes. 

The Governor acknowledged that this section of highway has been plaguing Anne Arundel County for a long time.  As Fort Meade continues to grow, the thousands of employees who rely on 175 to get to work every day deserve better infrastructure.  With so many additional lanes, safety on 175 will greatly improve for drivers, and likely result in fewer accidents.  However, during the time of construction, it will be a tricky travel environment for drivers with construction zones.  Work on this project is not scheduled to begin until Fall 2018.

Other sections of 175 are also expected to see expansion in the coming years to improve the traffic flow and continue to make it safer for drivers.

Always remember, when driving in construction zones to remain vigilant.  Although construction workers on the side of highways appear safe standing behind concrete barriers, sometimes it is only cones that stand between the worker and speeding vehicles.  Numerous road work signs alert drivers to be cautious and slow down when driving through construction zones.  Oftentimes, speed cameras are set up in work zones to catch drivers disobeying the speed limit, however, some drivers disregard the warnings and continue to drive fast and recklessly through these work zones.  Construction workers on the side of the highways should be able to feel safe while they do their job, and should never have to worry about watching out for cars crashing into them.  But unfortunately these types of tragic accidents happen every day. 

Construction zones and work zones on highways usually bring new traffic patterns, including numerous lane shifts and closures.  Drivers must be even more cautious and aware of where they are going in order to avoid accidents involving other vehicles or construction workers. 

   ·         Stay alert and look out for construction workers

   ·         Drive slow and obey the speed limit

   ·         Pay attention to road signs and message boards

   ·         Avoid distractions (i.e. cell phones)

If you or a family member have been injured or killed in a Maryland car accident and would like to consult an experienced personal injury attorney for free, contact our office at (301) 854-9000 to schedule an appointment at one of our office locations in Columbia or throughout Maryland or visit us online at http://www.portnerandshure.com/Personal-Injury/

Maryland Car Accident Attorneys: 3 Reasons To Choose a Law Firm with an Experienced Litigation Team to Handle Your Personal Injury Case

There are a lot of law firms out there that will tell you they handle personal injury cases.  They'll make a claim for you and try to settle it.  But what if the insurance company's offer is too low?  Or the claim is denied?  The only way you can force the insurance company to pay you fairly is to litigate the claim by filing a lawsuit in court.  Not all law firms, however, are willing - or even know how - to litigate personal injury claims.  Unlike many other law firms, Portner & Shure has an entire department dedicated to litigation.  In fact, law firms that lack a litigation department send the cases they can't settle to us to litigate for them.  Here is why you should come to a law firm with an experienced litigation group from the start:  

1.     Only litigation can secure a verdict for you.

When you've been injured in a car accident, a common thought is that the case will be "cut and dry."  You may think - this accident was clearly the other driver's fault.  Even the police officer said so in his report.  I had to go to the emergency room and the other driver said his insurance would take care of everything.  Although your case may seem straightforward to you, personal injury cases are not always cut and dry.  Insurance companies routinely deny liability for personal injury claims for reasons that are weak, unfair, and unjustifiable.  It's not uncommon for an insurance adjuster to deny a claim based on her insured's statement to his insurance company that he was the one who had the green light, even if this statement conflicts with what the police officer concluded in his report.  If this happens to you and the law firm you've chosen does not litigate, you will find yourself at an impasse.  At Portner & Shure, our litigation team will take your case to court and prove to the judge or jury that the other driver was at fault.  A verdict is not optional; the insurance company will have to pay your claim.

2.     The threat of litigation improves settlement offers.

Insurance adjusters frequently deny claims in hopes that the injured party will get tired of fighting and give up.  Or, the adjuster might give a nuisance value offer in hopes that you will just accept it and go on your way.  The insurance companies keep track of which law firms give up or accept these types of offers, and which ones actually litigate the claims.  Any law firm can tell the adjuster they are going to file suit, but a threat with no teeth isn't a threat; it's a bluff.  Because of our active litigation department, a threat to file suit from Portner & Shure is a credible threat, and it gets results.  Adjusters know they will be faced with the increased costs of litigation if they do not settle the case, and we obtain better settlement offers as a result.     

3.     Our claims team and our litigation team work together.

At Portner & Shure, we make every effort to settle your claim without the necessity of litigation.  But if your case has to go that route, you will be happy to know that our litigation department is just a walk down the hall from the paralegals who have handled your case since the beginning in the claims department.  Your original paralegal will remain involved in your case, providing a seamless transition between the two departments.  It also enables our litigation department to file your suit as quickly as possible.  

Portner & Shure March 2015 Case Result

 
           Portner & Shure attorney Kevin Ruby, with assistance from one of our senior claims paralegals, Pam Brown, recently won an award of more than $395,000 for our client’s spouse in a Maryland workers’ compensation dependency claim case.  The decedent’s wife was not working at the time of the accident and was solely dependent on her husband’s income.  Almost two years ago, on a rainy day, the decedent stepped out of his car at his place of employment and put his hood on to avoid getting wet.  Sadly, he was run over and killed by a co-worker in the parking lot. 

 

The damages awarded in this case were very complicated because there was the award determined by the Workers’ Compensation Commission (WCC) and a wrongful death claim arising from the co-worker running the decedent over with his car.  The WCC required a hearing to determine whether decedent’s wife was dependent on his income by hearing testimony from her and examining the couple’s financial records.  Ultimately, the WCC determined she was a dependent and awarded a weekly payment of $721 over a 144-month period to decedent’s spouse based on the decedent’s income before death.  However, she is only entitled to these payments up until what would have been the decedent’s 70th birthday, which is eleven years from now, or 127 months.

Maryland Could Soon See 70mph Speed Limit

         Yesterday, Maryland lawmakers overwhelmingly voted in favor of increasing the maximum speed on interstate highways to 70mph.  The next step is sending the bill to Governor Hogan and await his approval or disapproval.  Even if he signs the bill into law, it does not mean that the 65mph speed limits will be required to increase to 70mph.  The Maryland Department of Transportation has said increasing speed limits will still be determined on a case by case basis, even if this bill becomes law.  The Western Maryland delegate who sponsored the bill would like to see the speed limit increased on Maryland’s highways because it would save travel time that “adds up over time.”

            If the bill becomes law, Maryland would be the 23^rd state with a top speed limit of 70mph, but just the 5^th in the highly-populated northeast (Maine, New Hampshire, Pennsylvania, and Virginia).  This increase would still be far below the nation’s top speed limit of 80mph in four western states.

            Opponents of increased speeds “equate higher speeds with more deaths.”  While speeding has been proven to be a leading cause of car accident deaths, distracted driving still leads the way, with drunk driving not far behind.

            Maryland’s current top speed limit is 65mph, but even that is used on few highways throughout the state including Interstates 95, 70, 97, portions of 83, and U.S. 50, among a few others.  State transportation officials calculate appropriate speed limits “by relying on how fast 85 percent of traffic moves under normal conditions, as well as taking road conditions and past accidents into account.”  Further, AAA officials say that “70mph is not too high for certain parts of the state.”  “While we (AAA) consistently advocate for ways to decrease traffic congestion and increase motorist mobility, which increasing speed limits often does, our primary concern remains the overall traffic safety of motorists on our roadways.”

            The Insurance Institute for Highway Safety contends that “any increase in speed makes crashes more likely and more damaging.”  Although it “gets people to their destinations a little faster…, it doesn’t come without a cost.”  As is the case with everything in life, there are costs and benefits.  As Maryland drivers know, people speed on every roadway, especially on I-95, I-695, and I-83, with no regard whatsoever for the posted speed limit.  A 5mph increase will likely not make a huge difference because the same fast drivers will continue to drive fast and the “slow” drivers will continue to drive within the speed limit.  More must be done to combat distracted driving (i.e. texting while driving) and drunk driving in order to lower the number of driving deaths, which are more significant problems and leading causes of car accident deaths than speeding.

            If you or someone you love has been injured in a car accident or has died as a result of their injury suffered in a Maryland crash, and would like more information, please call us at (301) 854-9000 for a free case evaluation or visit us online at: http://www.portnerandshure.com/Auto-Accidents/Car-Accidents/

Bridge Concrete Falls on Car, Prompts Inspections of Aging Bridges in Maryland

          A “chunk of concrete” fell on a Prince George’s County woman’s car as she drove under the I-495 overpass in Morningside, damaging her hood and windshield.  As a result, Maryland’s Department of Transportation ordered immediate inspections of 27 “aging, state-owned bridges.”  All of these bridges were constructed before 1969 and run over other roads, which makes falling debris a risk.  While inspections will occur over the next few months, actual repairs might not be made for several years.  DOT officials are making these inspections because they do not want drivers to worry about driving on or under Maryland bridges.

            Statistics show that approximately 3% of the 2,903 bridges maintained by the State Highway Administration and Maryland Transportation Authority are “structurally deficient.”  In other words, these bridges are “safe for travel, but in need of significant rehabilitation or replacement.”  Maryland does not have as many “structurally deficient” bridges as most other states, such as Pennsylvania with 23% of the state’s 22,660 bridges.

            In the last decade, there have been several major bridge collapses and structural failures.  The average United States bridge is around 42 years old.  Maryland has received a “B-” on their bridge grade, which is just above the “C+” grade for the country as a whole.

            In addition to the “structurally deficient” bridges, Maryland also has 1,085 bridges or 20.5% of all bridge that are “functionally obsolete or no longer meet current standards for bridge construction.”

            Some of the bridges on the list to be inspected include: Mount Carmel Road over I-83, I-83 over Padonia road, Route 151 over Patapsco and Back River Railroad, I-695 inner loop at Benson Avenue and U.S. 1, Crosby Road over I-695, Tridelphia Road over Route 32, Route 195 over Sligo Creek Parkway.

            If you have suffered an injury as a result of falling bridge debris or structural bridge failure in Maryland, please call us at (301) 854-9000 for a free case evaluation or visit us online at: http://www.portnerandshure.com/Personal-Injury/

Montgomery County, Maryland Bicycle Accident Attorney

Visit us at www.portnerandshure.com or call (410) 995-1515 today to speak with a top rated Maryland personal injury attorney for a Free Case Evaluation.   

Due to the nice weather last Monday, a Montgomery County resident went for a bike ride, but was tragically killed after being struck by a water utility truck.  Police said the Washington Suburban Sanitary Commission truck was driving on Darnestown Road, near Quince Orchard Road when he began to turn left on a green light.  At the same time, the bicyclist, who was wearing a helmet, was riding in the far right lane when he too started to turn on a green light.  The truck collided with the bicycle at the entrance of a shopping center, and the bicyclist could not save his life at the scene.  All indications are that this was an accident.  It is unfortunate that these kinds of accidents are occurring more often, and drivers must remain aware of their surroundings and be cautious of bicyclists on the road.

            There are several important factors in a Maryland bicycle accident suit.  If your case makes it to trial, a jury will consider the following factors:

·         Damage to the bicycle and any vehicles involved in the crash

·         The party or parties at fault in the bike accident

·         What arguments can defendant’s attorney make for defendant not being liable

·         The presence of drugs or alcohol

·         Injuries suffered by all parties, including wrongful death damages

·         Severity and permanency of injuries

·         Pain and suffering resulting from the accident

·         Witnesses of the accident and their credibility

Juries offer larger awards to victims when there are serious permanent injuries and all evidence points to the defendant being at fault.  However, it is up to your attorney to present evidence in a manner that clearly explains wrongful death damages and/or the extent and nature of the injuries. Bicycle accident victims must choose an experienced personal injury attorney with abundant litigation skills in order to receive the compensation they deserve.

If you or a family member has been injured by a driver while riding a bicycle, contact Portner & Shure for a free legal consultation or if you would like more information on drivers hitting pedestrians at (410) 995-1515 or visit us on the web at http://www.portnerandshure.com/Personal-Injury/