Litigation News October 2018

In March of this year one of our clients was involved in a Baltimore rear-end accident. Although there was not significant damage to the vehicles, our client still experienced a decent jolt. Human bodies are not meant to withhold the same impact as a vehicle. The other party’s insurance company did accept liability, however they only accepted liability for the vehicle damage; not our clients injury. After she was finished with the treatment her doctor recommended, it was time to put her demand in for settlement. However, because her bodily injury claim was denied, Geico wasn’t willing to make an offer. Our attorney, Mr. Simran Rahi, took the case to Baltimore City’s District court and obtained a verdict of $12,423.10 plus court costs. At first our client was afraid she wouldn’t receive any compensation after the accident, now she’s grateful she chose Portner & Shure for her accident case.

Maryland has been Ranked Third WORST State to Drive in

Have you ever felt that some states are easier to drive in than others?

Well you may be right—a new study ranking states driving favorability from best to worst was just released, and Maryland was ranked third worst.  

Factors that the study considered included traffic congestion, number of accidents, drivers' aggressiveness, among others

More specifically, Maryland was found to have the second worst rush hour congestion and third worst overall traffic

With severe traffic congestion comes a higher risk of rear-end and lane change accidents as drivers become distracted when sitting in their car not moving

If driving through the state of Maryland, stay alert, keep a greater following distance, and always be aware of others on the road.

Peak Season at the Beach is Here, Pedestrians and Drivers Beware

With July 4th quickly approaching, drivers and pedestrians should be reminded to take extra precautions as the holiday weekend approaches. Traffic will substantially increase at the beach in the upcoming weekends as summer officially kicks off.

Pedestrian-involved accidents along Coastal Highway in Ocean City have long been a problem. Police have done a lot over the years to make it safer for pedestrians to cross the busy highway. If you are trying to cross the road, you should always remember to wait to cross until you have the signal, always stay in the designated crosswalk, and look both ways because you can never assume a driver is paying attention and sees you crossing the road. Drivers along Coastal Highway can be reckless sometimes, especially at night when drunk drivers hit the roads.

Stay safe this 4th of July and all summer long down at the beach. If you or a loved one is injured in a pedestrian accident, call the experienced local attorneys at Portner & Shure today for a free consultation: (301) 854-9000, (410) 995-1515.

Litigation News May 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 his back, hips, and shoulders. He required chiropractic treatment for his injuries. After incurring $4,000.00 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 $8,600.00 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. 

What Clients Are Saying November 2016

“I am very happy with the services that Portner and Shure gave me. From the very beginning they were extremely kind and helpful. They made sure I received the compensation I deserved! They constantly kept me informed of what was going on in my case. I would definitely recommend them! Thank you.”

This case was handled by our Paralegal, Christine Airey, in our Columbia office.

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 Auto Accident Lawyers: Case Result May 2016

              Recently, Portner & Shure settled a rear-end accident case in Prince George’s County, Maryland for $100,000.  Two years ago, our client was rear-ended on I-495 near the Virginia state line.  As a result, she sustained numerous injuries, the most severe of which being her shoulder, which was torn in the accident.  Our client required two surgeries in order to repair it, as well as physical therapy.  After lengthy settlement negotiations with the insurance adjuster, Mr. Portner and our paralegal, Amy Patton, managed to settle the case for $100,000.  Our client was extremely pleased with the result in her case.  

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 Auto Accident Lawyer: Employee Spotlight March 2016

Portner & Shure’s Firm Operations Manager and Director of Internet Marketing, Sarah Sadler, recently celebrated her 21^st anniversary with the firm. Sarah has been a fixture here for more than two decades. She has been responsible for helping the firm remain as one of the most highly-regarded car accident law firms in Maryland and Virginia. This firm would not be what it is without the hard work and dedication that Sarah has contributed over these last 21 years. Congratulations Sarah and here's to 21 more years with Portner & Shure!

Maryland Accident Lawyer: Litigation News March 2016

Recently, our litigation department settled a slip and fall case that occurred in Seacrets in Ocean City, Maryland.  Anyone that has visited Seacrets knows that the floor can get very wet and slippery as people are coming in and out of the bay and drinks are spilling all over the floor.  Our client was at Seacrets one evening when she slipped and fell on wet pieces of confetti that were scattered all over the floor.  She injured her ankle and required numerous medical treatments, which totaled about $30,000.  Settlement negotiations with the insurance adjuster started with an offer of only $2,500.  Eventually, our litigation claims manager, Lora Hatton, managed to get the adjuster up to $36,000 to settle the case.  Our client was extremely pleased with the offer and accepted it. 

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 Attorney: Employee Spotlight February 2016

Mandy Liu, one of our bilingual legal assistants, has been at Portner & Shure for more than 6 months.  Mandy is originally from Guangdong, China before she moved to the United States in 1997.  She speaks both Mandarin and Cantonese dialects of the Chinese language, in addition to English.  Mandy works closely with our Chinese Department paralegals to be able to assist our growing Chinese client base.

Mandy graduated from Towson University with a Bachelor of Science degree for healthcare management.  Recently in 2014, she was married.  Travelling and learning different languages are two things Mandy enjoys.  In addition, she loves playing badminton and watching her favorite television shows.

Maryland Auto Accident Attorney: Recent Case Result February 2016

A case that began about one year ago finally settled this month.  In February last year, our client was crossing Lost Knife Road in Gaithersburg, Montgomery County, Maryland.  She was in a well-established crosswalk when the Defendant driver failed to pay proper time and attention and struck our client.  With the force of the impact, she fell to the ground and began experiencing intense excruciating pain throughout her whole body.  As a result of her injuries, she was rushed to the hospital and quickly transferred to Shock Trauma due to the severity of her injuries.

            

            Preliminary examination revealed numerous fractures.  Our client endured surgical procedures to repair her injuries, and was forced to stay at Shock Trauma in recovery. 

            

            With well over $100,000 in medical expenses and substantial pain and suffering, Mr. Portner and our paralegal on the case, Christine Airey, worked tirelessly in negotiations with the insurance company.  Ultimately, typical crosswalk liability issues were resolved, and the carrier offered the amount of the policy: $250,000.

           

             Ms. Airey spent weeks going back and forth with doctors and hospitals to try and reduce the medical bills for our client.  After a tremendous amount of work negotiating, Ms. Airey lowered our client’s medical expenses by more than $50,000.  In other words, in addition to any recovery from the $250,000 settlement, our firm was able to net our client an additional $50,000 from bill reductions.  Mr. Portner notes, “Oftentimes, this part of the case is the most difficult and is overlooked by less experienced personal injury lawyers.”        

Maryland Car Accident Attorney: What Clients Are Saying February 2016

“Thank you so very much Mr. Portner and Mrs. Ruhl....not to mention Rebecca Dean. I got more than I ever thought possible when I stepped into their firm they told me I would be taken care of and they followed through with that. My company I was working for was covering up the fact they had put a claim out and made my own insurance company pay for the accident I had while working for them. Portner and Shure got me the income I needed for my family and so I can start a life again. Thank you so very much.”

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

Hyundai Recalls 263,000 Elantras for Power Steering Issue

Hyundai Motor America just announced a recall for Elantra midsize sedans in the United States and Canada.  Affected cars include model years 2008 to 2010 for the Elantra sedans and model years 2009 to 2010 for the Elantra Touring hatchbacks.  205,000 of the affected Elantras are in the United States. 

            The recall is the result of a power steering issue that can occur if a sensor detects a “discrepancy” in steering input.  The power-assisted steering would then be disabled and manual steering would take over.  While injury will not result directly from this issue, the increased difficulty of steering the car if manual steering takes over raises the risk of a crash, especially at low speeds.

            Although the loss of power steering “has not been considered an official safety defect in the U.S.,” the auto industry has increasingly reported similar problems as a safety recall, as Hyundai did here.  No injuries have been reported at this time.  Hyundai will notify dealers and car owners with affected vehicles of the problem and has agreed to repair all vehicles free of charge.

            Hyundai Elantras are consistently one of the top ten best-selling cars in the United States.  Therefore, it is important for Elantra owners to be aware of the potential steering issue and get it fixed before encountering a problem.

            If you have purchased a car that has recently been recalled, take it to the dealer to get fixed.  Further, if injury does occur, you may be entitled to several legal remedies, including:

• Economic damages: you may be able to recoup lost value of the car's resale value. You may also be able to recover for loss of use of the car
• Personal injury recovery: if the defective automobile resulted in physical injuries to you, you may be able to recover for the costs associated with the injury
• Class action: If the recall has affected enough numbers of consumers, a class action lawsuit might be an available option
• Manufacturer reimbursement: Some auto manufacturers may voluntarily pay repair bills the defective product caused before the recall.

Sometimes, however, you may need to initiate litigation to be compensated for your financial as well as your physical losses. At Portner & Shure, we have handled these cases for over twenty years for Maryland and Virginia injury victims. We have the experience and technical resources to analyze your auto accident case, answer your questions, and pursue the compensation you deserve.  Call us today for a free case evaluation at (301) 854-9000 or visit us online at: http://www.portnerandshure.com/Personal-Injury/

Two Pedestrians Struck by Car at Maryland Bus Stop

          Over the weekend, two people who were waiting at a “Ride On” bus stop in Kensington, Montgomery County, Maryland, were struck by a Toyota Prius that drove directly into the bus stop.  The accident occurred Saturday morning on Connecticut Avenue near Howard Avenue.  A witness at a nearby gas station said he saw three people at the bus stop, and two of them managed to get out of harm’s way, but the third pedestrian was hit and pinned under the car.  That person who was stuck under the car was an 18-year-old woman who fire fighters were able to rescue.  Witnesses described the whole scene as “pretty graphic.”  The 18-year-old woman suffered two broken legs, and doctors say she is expected to survive.  The other pedestrian that was struck refused treatment at the scene.

           

            The driver of the Prius was a 61-year-old man from Silver Spring.  Police originally thought this accident was the result of a DUI, but later determined that was not the case.  Instead, officials believe some medical emergency, such as a seizure, likely caused the crash.  The driver was taken to the hospital to be treated for non-life-threatening injuries.  Police officers have since said that the driver will be ticketed for the crash.

            Sadly, this is the second accident in Montgomery County in a two-week period involving pedestrians being hit by cars at a bus stop.  On February 18, “an out-of-control car” struck and killed Vanessa Dixon in Silver Spring as she was waiting at the Montgomery County “Ride On” bus stop.  The driver in this accident, a 22-year-old man, was arrested for suspicion of DUI.

            Although the accident this past weekend was not alcohol related, the fact that two accidents have occurred at bus stops in Montgomery County in a two-week period raises concerns about pedestrian safety.  Bus stops are set up very close to the road without any protection for pedestrians waiting for buses if a car does drive off the road and onto the sidewalk.  New safety procedures might need to be considered in order to better protect pedestrians waiting at bus stops.

            If you or a family member have been injured or killed in an accident at a bus stop or similar situation and would like to consult an experienced personal injury attorney for free, contact our office at (301) 854-9000 or visit us online at http://www.portnerandshure.com/Personal-Injury/

Maryland Lawmakers Propose Bill to Inform Consumers About Car Defects Sooner

         With news over the last few months of auto recalls due to defective airbags in millions of cars, Maryland lawmakers are trying to fix one of the biggest flaws in the auto industry: secrecy surrounding problems with cars.  The proposed law would “give dealers the protections they need to disclose critical safety information.”  As the system works now, car manufacturers collect information about problems and report them to the federal government.  This bill would make sure consumers know about problems when car makers know instead of years later when recalls are announced.  For example, the infamous maker of faulty airbags, Takata, has said they are willing to pay daily fines instead of revealing documents about the defective airbags.

            A 16 year old Marylander was killed in 2005 in a car accident, and seven years later, the same make and model car she was driving was recalled for problems with its ignition switch.  If this proposed bill was in place at the time, a life could have been saved because this information would have been released to car owners affected by the recall immediately instead of seven years later.  As we continue to move into a period of increased availability of information, it only makes sense for this proposed bill or a similar version to pass.

            Car dealerships receive internal service bulletins that they are not allowed to disclose to the public, and these usually include any problems before reaching recall status.  If this bill passes, dealerships would be able to inform consumers of these problems well before a serious injury or even death occurs.

            Opponents of the bill worry about this being a federal issue instead of a state issue.  Everyone agrees though, consumers deserve to know about problems with their vehicles at the same time manufacturers learn of them; not several years later when it is too late.  Far too many car accident deaths are attributed to defective parts.  They could have been prevented if more information was readily made available to consumers when problems first arose.

If you have purchased a car that has recently been recalled, take it to the dealer to get fixed.  Further, you may be entitled to several legal remedies, including:

• Economic damages: you may be able to recoup lost value of the car's resale value. You may also be able to recover for loss of use of the car
• Personal injury recovery: if the defective automobile resulted in physical injuries to you, you may be able to recover for the costs associated with the injury
• Class action: If the recall has affected enough numbers of consumers, a class action lawsuit might be an available option
• Manufacturer reimbursement: Some auto manufacturers may voluntarily pay repair bills the defective product caused before the recall.

Sometimes, however, you may need to initiate litigation to be compensated for your financial as well as your physical losses. From SUV rollovers to fuel fed fires and faulty door latches, there are a variety of vehicle safety defects that can lead to severe injuries in a car crash. At Portner & Shure, we have handled these cases for over twenty years. We have the experience and technical resources to analyze your auto accident case, answer your questions, and pursue the compensation you deserve.  Call us today for a free case evaluation at (301) 854-9000 or visit us online at: http://www.portnerandshure.com/Personal-Injury/