What Clients are Saying November 2018

My case was handled by Attorney Jonathan Portner and his staff, Grace. They provided personal attention and prompt responses throughout the whole process. They were professional and knowledgeable. I was pleased with the outcome. I would highly recommend the attorneys of Portner and Shure, and Grace.

This case was handled our Paralegal, Mrs. Grace Chung, out of our Columbia, MD office.

Litigation News November 2018

In October of last year one of our clients was involved in a rear end accident while yielding for an oncoming vehicle. The person behind him failed to pay proper time and attention to the ahead traffic conditions, leaving him with a sore neck and back. Although the property damage to his vehicle was not extensive, he still sustained injuries as people often do after their bodies have been unexpectedly jolted. Although the liable insurance carrier accepted responsibility for the accident and was willing to pay for the damage done to his vehicle, they were not willing to accept liability for the injuries sustained. Therefore, once our client was through with treatment, his case was transferred to our litigation department and he was prepped for court. After our attorney, Ms. Theresa Teixeira, presented the case to Prince George’s County District Court, she received a verdict of nearly $12,000.00 plus court costs. Our client was very pleased with his final result and was thankful he had Portner & Shure as an advocate.

Recent Case Results November 2018

In early March of this year, one of our clients was involved in a very serious accident involving another vehicle and a snowplow. She sustained intensive injuries, but luckily she was alive. Due to the severity of her injuries, she received consecutive medical treatment for almost four months and accrued about $45k in medical expenses. Once she was feeling well enough again, and her doctors agreed she was okay to be cleared from treatment, it was time to have her case evaluated for settlement. Our Sr. Claims Paralegal, Mrs. Christine Airey, was able to obtain policy limits of $100k for our client’s recovery. Although this accident was the scariest experience of her life, our client was happy she had Portner & Shure to guide her through it.

Three Reasons You Must First Seek an Attorney Before Calling a Chiropractor After an Accident

Chiropractic treatment can be an enormous benefit to accident victims, but to think that the chiropractor should be your first call is a serious and often costly mistake. When an unrepresented accident victim begins treating with a chiropractor who wants to treat first, and then recommend an attorney later, three unfortunate things can occur.

First, a chiropractor may have you to sign an “A&A”, which is a document that guarantees full payment of all bills out of your settlement.  An attorney will advise you that you don’t need to sign this document. You are actually only responsible for bills that are considered fair and reasonable under the law. Judges routinely cut healthcare bills.

Second, a chiropractor may submit bills to your PIP insurance before you can use this limited amount of insurance to pay for the bills of your choice strategically. For example, hospital bills that quickly go into collections and affect your credit should be paid first. Further, often hospitals don’t reduce their bills. So, in this fashion you are paying the provider who could reduce, instead of the one that never will.

Third, some chiropractors even contact the other driver’s insurance for payment, leading to unwanted phone calls to you from the insurance company. If you’re represented, the insurance company can’t call you. The smallest seemingly harmless comments to an adjuster, often lays the ground work for a reduced recovery. 

If you’ve been injured in an auto accident, you need a top rated personal injury lawyer to immediately protect your interest and guide you in the best direction. Call Portner & Shure today.

Driving too Fast for the Road Conditions can get you into Trouble

On days like today where it's wet and damp, drivers need to be extra cautious on the road. While posted speed limits on highways may say 65mph, that does not mean that drivers are expected to drive that fast when road conditions are dangerous. Far too many accidents occur on roads and highways when it is raining. The leading causing of many of these accidents: speed. Countless drivers fail to adapt their driving behavior to the conditions outside, and as a result, accidents happen.

When it is raining, roads are wet and that means it is more difficult for drivers to be able to stop suddenly. When road conditions are wet, drivers should not drive the maximum speed limit, should increase the distance between their vehicle and the one in front of them, and should be extra cautious around curves and sharp bends in the road. Drivers should also never forget to turn on their car lights when it is raining, not just because it is the law, but it reduces the risk of an accident because your vehicle can be visible to other drivers on the road.

Avoid becoming an accident victim and drive carefully, especially when road conditions are poor. if you have been injured in an accident due the negligence of another driver, call the attorneys at Portner & Shure today for a free consultation: (301) 854-9000, (410) 995-1515.

Distracted Driving Causing Numerous Accidents; Frederick Police Step up Patrols

New data on distracted driving in Maryland has been released for 2015, the most recent year for information being released. The numbers reveal significant numbers for distracted drivers causing accidents where others are injured or killed. Maryland has had a goal of Zero Deaths on its roadways, and officials continue to take steps towards achieving that goal in the future.

The new data on distracted driving reveals that it continues to be a major problem and far too many drivers are using their cell phones and other devices while operating a vehicle.

Frederick County police officials announced that in addition to statewide patrols of distracted driving, Frederick police will also increase patrols. In 2015, in Frederick, 923 people were injured and 7 killed in crashes caused by distracted drivers. There are various forms of distractions in a car that cause an accident. At the top of the list are cell phones. Drivers are talking and texting on their phones while operating vehicles far too often. Police officers say that it is very easy to spot drivers that are using their mobile device while behind the wheel, and all month long, officers will be out in large numbers looking for distracted drivers. Last year, for the entire month of April, over 1,100 distracted driving citations were handed out.

If you've been injured in an accident caused by a distracted driver in Frederick or throughout Maryland, call the attorneys at Portner & Shure today for a free consultation: (301) 854-9000, (410) 995-1515.

Did the Insurance Company Rush You Into a Settlement? You May Be Able to Void it!

Did you or a loved one agree to settle a personal injury case without the advice of an attorney only to realize that the insurance company gave you a bad deal? Or did you discover that your injuries are more severe than you had originally thought and the settlement isn't enough to cover your medical bills?

Unfortunately, car accident victims are faced with these dilemmas nearly everyday. Insurance companies love to try and settle out a claim as quickly as possible and will do so by paying as little as possible to the injured accident victim. Anyone faced with these problems would most likely believe that they are out of luck and have no turning back after accepting a settlement soon after an accident. Most law firms will likely reject your case because you have already signed a release form.

In Maryland, there is a law in place that does offer protection to injured accident victims if they are rushed into settling with an insurance company and quickly asked to sign a release. In most cases, a signed settlement with release is enforceable and cannot be voided. However, there are situations where you may be able to void a signed settlement. If you were offered a settlement and signed a release within 30 days of an accident without ever contacting an attorney, Maryland law gives you 60 days to rescind your agreement and void the settlement. This would allow you to hire representation  in order to obtain compensation that truly covers your medical bills and pain and suffering.

If you were injured in an accident in Maryland and an insurance company rushed you into a settlement that you do not believe is fair, call Portner & Shure today for a free consultation: (301) 854-9000, (410) 995-1515.

Litigation News March 2017

On March 6, 2015, our client was involved in an accident that occurred in an I-95 Rest stop parking lot. On the night of the accident, the highway was becoming snow covered, so our client decided to pull into the Rest Stop to wait out the weather. While his vehicle was parked in the lot, the Defendant collided with the rear of our client’s vehicle, which resulted in damage and injuries. The liability insurance adjuster refused to make any good faith offers, with their highest offer coming in at $7,400.00. We filed suit in order to obtain a better result for our client. The Court awarded our client $28,000.00, which was significantly higher than any offer made by the liability adjuster. Our client was happy with the result in his case.

Injured in an Auto Accident? Don't Miss Your Chance to File a Claim

Every state has a time limit or statute of limitations that prevents someone from being able to file a claim after a certain period of time has passed. In Maryland, there is a 3 year statute of limitations for auto accident claims, and the clock starts ticking from the date of the accident. There is also a 1 year time limit for being able to file a Personal Injury Protection (PIP) claim. PIP claims are important because that money can be used to pay for some, if not all, of your medical bills. That means that, when a settlement is reached or a verdict in court is awarded, that money can be given to you (after attorneys' fees are distributed). In other words, your settlement money will not have to be used to pay back medical bills because PIP already paid them.

Sometimes we have people who will call our office and tell us they were injured in an auto accident, they have been treating their injuries, and now they are ready to file a claim to collect compensation. Then, they will tell us that their accident happened 5 years ago. Unfortunately, there is nothing that can be done because they are well past the 3 year statute of limitations period in Maryland to be able to file a claim.

We always recommend to anyone calling our office for car accident injury consultations that it is very important to hire an attorney soon after an accident has occurred. We always want our clients to have plenty of time to file the necessary claims that can help maximize their compensation.

If you've been injured in an auto accident in Maryland, seek medical attention for your injuries and hire an attorney to represent you. Don't miss out on your chance to be compensated for injures suffered in a car accident. Call us today for a free consultation: (301) 854-9000, (410) 995-1515.

Recent Case Result January 2017

Earlier this month, our litigation team earned a big win against Allstate for an accident case in Montgomery County, Maryland. Our client was driving straight in the right lane and the defendant was driving in the left lane. The defendant quickly decided to speed up and make a right turn in front of our client’s vehicle, causing a collision. Our client suffered significant injuries and missed several weeks of work as a result of the accident. Allstate made a single offer of $10,000.00 in the case, but refused to negotiate. We filed suit and the court awarded our client nearly $30,000.00. Our client was extremely happy with this result.

What Can I Expect if My Accident Case Does Not Settle and We Go to Court?

Although about 95% of all auto accident cases settle before litigation arises, sometimes court is necessary in order to obtain the compensation the client is entitled. There are many different reasons why a car accident case does not settle, including a liability dispute, minimal property damage, and factual disputes. When an insurance company refuses to make a settlement offer or makes a low settlement offer, a lawsuit is necessary in order to get compensation for the client. In many cases where suit is filed, a settlement is still achieved because insurance adjusters will then make a settlement offer in order to avoid litigation. These last minute offers of settlement can be made as late as the morning of trial. Sometimes, however, an insurance adjuster will hold firm and a trial is unavoidable.

If your case is one of those that does not settle and does go to trial, you have nothing to worry about. The process is not as scary as it sounds because our experienced team of attorneys will adequately prepare you well in advance of trial. Your attorney will go over how the process will work depending on which court your case will be heard. Your attorney will also run through the facts of the case with you and will discuss with you weaknesses in your case (if any). When your trial date arrives, you will feel completely prepared and will know exactly what to expect when you step into the courtroom.

If you've been injured in an auto accident in Maryland, make sure you call a law firm with experienced attorneys who are never afraid to go to court to fight for the compensation you deserve. Not all cases settle and you should hire a firm that can handle your case in settlement or in trial. Call Portner & Shure today for a free consultation: (301) 854-9000; (410) 995-1515.

Litigation News December 2016

On June 24, 2016, our client was involved in a rear-end car accident in Prince George’s County, Maryland. Just this month, Portner & Shure attorney, Kevin Ruby, and our litigation department helped settle this case prior to trial. Initially, Geico denied liability as they typically do in a low-impact rear-end accident. We filed suit to argue this matter in court. With trial just a few weeks away, Geico made an offer to settle the case. After negotiations, a settlement was reached for $7,850.00. Our client was very happy with this result. 

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.

Use of Dashcams in Maryland To Protect Your Rights

There is a new trend among drivers today: dashcams.  In motor vehicle accidents and in criminal cases, the facts of the event are often disputed between the parties involved.  The use of dashcams by civilians has been increasing as a means to avoid being caught in a he said/she said situation.  If you choose to protect yourself by installing a dashcam in your car you need to know some important facts about the law.

o   (1) It’s 100% legal to record video of people, including the police, in public.  If your dashcam is recording video outside of your car, on the highway for instance, it doesn’t matter if the parties being recorded are aware of it.

o   (2) If your dashcam is recording audio inside the car, this is considered a private place, so be careful of running afoul of Maryland’s wiretapping law and be sure your passengers are aware of the recording.

If you’ve been injured in an accident or were pulled over by the police, the attorneys at Portner & Shure can help you prove your version of the events, whether it was recorded or not.  Call us today for a free consultation.

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.

Prior Accidents - How Will They Affect My Maryland Car Accident Case?

• If you've been in prior accidents, it may have an effect on your case, but not always as much, or in the way that you would imagine.
• For example, if you're involved in a case where the other driver claims you are at fault - the fact that you may have caused an accident in the past has absolutely no bearing on fault in your current case.  
• However, if you have sustained injuries in prior accidents, this is likely to be relevant to your current personal injury case.
• If you've ever made a personal injury claim before, most likely, the insurance company for the other driver involved in your accident will be aware of this.
• A prior injury doesn't have to be an insurmountable challenge in your case if its handled the right way.  
• The most important thing for you to do is to be up front with your doctors about any prior injuries, even if you made a full recovery before getting injured again.
• If your doctors are aware of your medical history, their opinions about causation of your current injury will be strengthened.  
• If your doctor does not know about a prior injury, the insurance company may deny the claim, basing it on the fact that your doctor was not aware of your history.
• If you've had a prior injury and you recovered and completed treatment before your current case, it shouldn't present too much of a problem for you.
• It's somewhat more complicated when you are still suffering from an injury, and then you get in another accident.
• While these cases are a little more difficult, you can still make a claim for the exacerbation of your injury and the additional medical treatment you had to get which you would not have needed otherwise.
• Again, being forthcoming with your doctor is key.  
• If you are currently treating with a doctor and sustain a new injury, you should tell that doctor right away so it can be accurately reflected in the medical reports.
• This will be the best way to protect your case.

               If you or a family member have been injured or killed in a Maryland car accident due to the negligence of another person 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 Rockville or throughout Maryland or visit us online athttp://www.portnerandshure.com/Auto-Accidents/

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: How Much Money Should I File for in my Lawsuit?

·         When you file a lawsuit for personal injuries, you have to make a decision about how much money you are going to request in your lawsuit.

o   There are two different trial courts in Maryland – the district court and the circuit court.

o   The amount of money that you sue for will determine which court to put the case in, and what types of evidentiary and procedural requirements will apply to your case.

·         The quantity of your medical bills and the severity or permanent nature of your injury are obviously the foremost considerations when deciding how much to file for in your lawsuit.

o   If you have a very serious injury, for example, a tear in a tendon in your shoulder or knee, or a herniation in your spine that required surgery, the decision is easy – it’s a circuit court case.

o   But if you had an injury which you were able to recover from and your bills are not astronomical, filing suit in the district court may make more sense for you.

·         Circuit Court

o   When you file suit in the circuit court you’re suing for $75,000 and above

o   While circuit court cases allow you to request the highest compensation for your case, circuit court cases are also more expensive to litigate and much more time consuming.

§  (1) The filing fees are higher – difference is 100’s of dollars

§  (2) In the Circuit Court, you must ask your doctors to testify on your behalf at trial, and you must pay them for their time.  This can range from $2,500 to $5,000 or more.

§  (3) The opposing attorney will be entitled to take your deposition and ask you questions about your prior medical condition or other accidents.  There are also fees associated with depositions.

§  (4) All circuit court cases are heard before a jury, not a judge.

§  (5) You must attend pretrial conferences, and court ordered mediations.

§  (6) The entire process can take 18 months to two years.

·         District Court

o   In the district court you are limited to asking for a maximum of $30,000.

o   Filing suit in the district court has a number of advantages, despite the cap on recovery.

§  You will save time, money, and aggravation.

§  (1) In the district court, you can simply submit your medical records and bills to the judge.  You don’t have to ask your doctors to testify or pay the costs associated with their testimony.  This will save you $1,000s of dollars.

§  (2) The trial will be streamlined in front of a judge.  You won’t have to go through a jury trial. 

§  (3) You won’t have to attend a deposition or any pretrial conferences.

§  (4) You can expect the entire process to wrap up much more quickly and with a lot less of your personal involvement.

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 Frederick or throughout Maryland or visit us online at http://www.portnerandshure.com/Personal-Injury/

Maryland Car Accident Lawyer: New 70 mph Speed Limit Takes Effect in Parts of the State

            Yesterday, new 70 mph speed limits took effect along 76 miles of I-70 in Frederick County to Washington County, Maryland.  In addition, a 31-mile stretch between US 29 in Howard County to MD 144 in Frederick County and a 45-mile stretch from MD 180 to the Pennsylvania line saw speed limits increase from 65 mph to 70 mph.  These stretches of highway run through rural areas and do not include areas within the city of Frederick due to safety concerns.

            

           With increased speed limits, it is even more important for drivers to pay attention to the road and avoid distractions, such as cell phones, while operating their vehicle.  Faster cars also mean an increased risk of more severe car accidents.  Before implementing these speed limit changes, numerous studies were conducted to make sure that safety would not be compromised with a faster speed.  In making this change the State Highway Administration says that they expect “to see more consistent travel speeds for vehicles, keeping I-70 conditions safe for thousands who travel the route each day.”

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 Frederick or throughout Maryland or visit us online at http://www.portnerandshure.com/Personal-Injury/