Employee Spotlight August 2017

        Join us in welcoming one of our newest legal assistants, Jake Tello, who currently works out of our Columbia office, soon to be fully out of Frederick. Jake was previously with a different firm handling workers compensation but felt the need to move on. He has now been with Portner & Shure since June and has quickly made himself acclimated. Although Jake grew up in Maryland, his parents are from Peru allowing him to pick up on the language, making him a perfect addition to our Spanish department.

                                                                                                                                    

What Clients are Saying August 2017

Immediately following my motor vehicle accident, I was left emotionally and physically injured and nervous about the future. There was so much to think about, so much to worry about and unsure of how to move forward and proceed with my life. It wasn’t until it was recommended by my Doctor that I reach out Portner and Shure that I felt like I was moving in the right direction. From the first interaction with Rachel Dawes at Portner & Shure, I felt like I had someone in my corner. She was kind, patient, positive, reassuring and genuine. I never had to worry about my case and IF I DID WORRY, Rachel was a text message away (a text message!!!). She was always quick to respond and every response was informative and clear. I am VERY happy to say that it’s been 4 months since my accident and saying “Good Bye” to Rachel was bittersweet as I have really relied on her in the past few months to assist with the rebuild of my life. Rachel embodies the culture, passion and professionalism that you want your paralegal to have as you navigate your way through a difficult time.

I highly recommend Portner and Shure!!

This case was handled by our Paralegal, Rachel Dawes, who works out of our Columbia, MD office. 

Recent Case Result August 2017

Recently, Portner & Shure settled a rear-end accident case for $80,000.00. Our client was stopped waiting to make a left turn, when all of a sudden, she was hit from behind by a dump truck. As a result of the force of the collision, our client slammed her head against her steering wheel and suffered serious head injuries. Our client’s vehicle sustained significant property damage. Our client sustained a concussion and had total medical bills over $20,000.00. After extensive negotiations with the liability insurance company, an offer of settlement of $80,000.00 was extended. Our client accepted and was extremely happy with the result in her case.

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. 

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.

What Clients Are Saying May 2016

“I was recommended by a friend to Portner & Shure and I will do the same. I have been very satisfied by the way Christine Airy has helped me though the process. Christine has done an excellent job communicating with me by email, text, calls to keep me informed about my case. I just want to say thank you again Christine for your professionalism and kindness.”

This case was handled by our Paralegal, Christine Airey, who works out of our Columbia, MD Office.

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 Accident Attorney: Case Result March 2016

           Portner & Shure settled a pedestrian accident case for our injured client for $65,000.  The incident occurred in the parking lot of our client’s place of employment in Salisbury, Maryland.  Our client was walking in the parking lot at work when she was struck by a car.  Although there were no broken bones, our client suffered injuries to her neck, back, arms, and legs.  Medical bills totaled more than $46,000 for our client. 

Our paralegal, Pam Brown, negotiated a settlement with the insurance company for $65,000.  Since the accident happened in the parking lot of her job, she was entitled to workers’ compensation benefits as well.  A lien for more than $51,000 was due to be paid, however, Pam negotiated a deal with the workers’ compensation carrier to write off the entire lien.  So in reality, the recovery was $97,000 in a case with no broken bones or significant injuries. 

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.  

4 Things to Know About Leading Up to Trial in a Maryland Personal Injury Case

           While a majority of our personal injury cases are settled out of court, sometimes a deal cannot be reached between the attorney and the insurance company, or the settlement offer is too low and the attorney recommends and the client agrees to go to trial.  Most clients do not know what litigation or going to trial means.  Below, we discuss 4 steps to help better understand what to expect during this process.

1.      Filing a Complaint and Answer

First, you will meet with your lawyer to discuss what happened, including injuries, medical treatment, and damages sought.  Next, your lawyer files a complaint in the appropriate court.  As in every case, there is a plaintiff and a defendant.  In your situation, you are the plaintiff because you are bringing the suit.  The defendant will then file an answer to your complaint, and generally, the defendant’s attorney files a general denial to the allegations.

2.      Conducting Discovery and Filing Motions

Discovery consists of collecting information about the accident and the injuries.  The three most common forms of discovery include: interrogatories (questions that must be answered), document requests (requesting documents, such as medical records and police reports), and depositions (parties to the suit and witnesses give testimony that is video recorded at the lawyer’s office).  Oftentimes, motions will be made by both sides to ask the court to make a ruling on some issue of concern to that party.  For example, lawyers will make a motion to exclude certain evidence if it was collected illegally and is harmful to their client’s case.

3.      Settlement and Mediation

Once discovery is over and all motions are made, the two sides will work to try and negotiate a settlement.  However, sometimes the Court will order both parties to try and resolve the case before a neutral third party, known as a mediator.

4.      Trial

If a settlement or mediated agreement cannot be reached, the case will go to trial.  Before trial, your lawyer will prepare you for testifying in Court.  If the amount sued for is $30,000 or less, it will likely be a quick trial in district court in front of a judge.  If the amount sued for is greater than $30,000, the trial will be in front of a 6-person jury in circuit court.

           If you or a family member has been injured in a car, truck, or motorcycle accident in Maryland and would like a free case evaluation, please call us at (301) 854-9000 or visit us online at: http://www.portnerandshure.com/Auto-Accidents/