Employee Spotlight September 2018

Please join us in welcoming one of our newest team members, Diane Lazo. She was born in Manila Philippines and came to the United States when she was six years old. She is fluent in Tagalog, which is the universal Filipino language. She worked with another firm handling personal injury and workers compensation for five years before coming to Portner & Shure. In her spare time she volunteers with various non-profit dog rescues to assure all dogs find a forever home. Other than that, she can typically be found spending time with her two daughters, husband, and Toby- her 95 pound pitbull fur baby. With Portner & Shure, she hopes to continuously expand her knowledge on workers compensation throughout Maryland and Virginia. We’re very excited to have her a part of our team and to watch her knowledge grow.

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.

What Clients are Saying June 2018

Wonderful experience with Portner & Shure!
Especially Grace, she was such a good communicator with an understanding and warm heart. Due to her hard work and caring nature, we were comfortable throughout the process. Also, we really appreciate Jonathan Portner for bringing the best result. If anyone asks us to recommend a law firm, we would definitely recommend Portner & Shure!

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

Litigation News May 2018

A client sustained injuries in Baltimore City after a City truck, carrying a large tractor trailer, backed up into our client’s vehicle while he was stopped at a red traffic light. At trial, City argued that our client had ample time to back up once he saw the trick begin to back up. However, when one of our attorney’s, Ms. Molly Cross, cross examined the driver of the City truck, the testimony revealed that there were other people in his vehicle that could have helped, he required a special license to operate that vehicle, and was unable to see through his rear view mirror. A Baltimore City Judge agreed with our position that the Baltimore City Driver had a responsibility and in a case where they weren’t offering any recovery, $7,200.00 was awarded.

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.

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.

Case Result September 2016

             This month, Portner & Shure won yet another case against Geico where there was no settlement offer made. In fact, Geico denied all liability because they alleged there was a phantom vehicle that caused the accident. Our client suffered shoulder pain and a thumb injury in this crash that happened when the Defendant failed to yield to our client’s vehicle while merging onto I-295. In Court, the Judge determined that there was no phantom vehicle and it was the Defendant that caused the accident because of a failure to yield. The Court awarded our client $12,000 plus court costs. Attorney, Kevin Ruby, successfully argued this case in Court. 

What Clients Are Saying September 2016

“The Portner & Shure Law Firm did an excellent job for me. They were quick, reliable, and efficient. I had a car accident in January 2016. They provided me with a rental car, paid all my medical bills, recommended excellent medical care, and provided me with an excellent settlement for the injuries I sustained to my neck and back. They always answer the phone and answer my questions. Plus they have personnel who spoke my native language of Spanish fluently. I highly recommend this law firm to friends and family.”

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

Punitive Damages are Possible in a Building Explosion Case

            The Silver Spring community is still recovering from the devastating apartment building explosion from last week.  The cause is still under investigation, but many suspect a gas leak to be a contributing factor. Just weeks before this horrendous explosion, residents reported smelling gas. A personal injury case resulting from an accident like this can yield not only the standard compensatory damages for pain and suffering, but also punitive damages. If it can be proven that the property management for the apartment complex were aware of a gas leak and elected to do nothing in order to save some money, punitive damages, or damages meant to punish the defendant for their inaction, may be appropriate. 

             Punitive damages are meant to punish a party for their inaction or for not taking the appropriate action.  In cases where a party had notice of a dangerous situation where it was foreseeable great harm could result, punitive damages are likely to result.  The cause in the Silver Spring apartment explosion has yet to be determined.  It will certainly be interesting to see when that determination is made.

             If you or a family member have been injured or killed in a Maryland building explosion caused by 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 throughout Maryland or visit us online athttp://www.portnerandshure.com/Personal-Injury/

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/

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 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.

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.  

Rockville Pedestrian Accident Lawyers: Dangerous Intersection Results in Death

          Last week, a teenage bicyclist was hit and killed in the crosswalk on Viers Mill Road at Turkey Branch Parkway.  This crosswalk is at the bottom of a hill, and many drivers do not stop for pedestrians.  In fact, most drivers cruise through the crosswalk well above the 45 mph posted speed limit.  The Matthew Henson Trail is a popular trail that runs on both sides of the street.  This is a very wide street with several lanes of traffic for pedestrians and bikers to get through before making it to the other side.  There is currently a safety device in place that will flash lights at the top of the hill when crossing pedestrians hit a button.  Oftentimes, drivers do not notice the lights and fail to slow down when approaching the crosswalk. 

Montgomery County Police Captain wants to constantly remind drivers to be cautious when driving down this section of Viers Mill Road.  Maryland drivers should know that it is state law for cars to stop at crosswalks when pedestrians are waiting to cross.  Even though pedestrians have the right of way, they too should be aware of their surroundings and remain cautious when crossing.  Many are urging county officials to take more action to protect lives at this intersection.  One plan calls for installing flashing lights in the crosswalk so that it stands out for drivers to see, especially at night.

Pedestrian accidents are some of the worst, but also some of the most avoidable.  A majority of pedestrian accidents are caused by driver negligence, such as texting while driving and speeding.  Police statewide have been increasing patrols for cell phone use while driving as part of the state’s plan for zero deaths on Maryland roadways.  Pedestrians must remember to always check for incoming traffic because drivers cannot be trusted to stop at a crosswalk.

If you or a family member have been injured or killed in a Maryland pedestrian 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 Rockville or throughout Maryland or visit us online at http://www.portnerandshure.com/Personal-Injury/

Horrific Multiple-Car Crash Injures Several People in Baltimore, Maryland

Friday night, five vehicles in total were involved in a massive collision at the intersection of Keyworth and Park Heights Avenues.  Two people from the crash were ejected from their vehicles and four others were injured.  The two who were ejected are in critical condition.  It is unknown if the severity of the accident caused them to be ejected, or if it was a lack of seatbelt use.  The four others who were injured only suffered non-life-threatening injuries.

            

            Based on witness statements, the cause of the crash appears to be as speeding vehicle that ran a red light and hit another vehicle, which then ran over a pedestrian after being forced over the center line.  This second vehicle then hit another vehicle, which then led to a fifth vehicle flipping over and trapping the people inside.  People nearby who witnessed the crash tried to rescue occupants in the vehicle, but they were not able to help.  First responders and other emergency personnel eventually arrived and helped pull these people to safety.

            

            This accident is just another example showing how dangerous it is to speed when driving.  The consequences can be life-threatening, especially when you are speeding and running red lights at a major intersection.  Seatbelt use is another important issue that could also have played a role in the severity of some of the injuries in this crash.  Seatbelts save lives; it is that simple.  When you are wearing your seatbelt when in a vehicle, and you are involved in an accident, you are more likely than not going to be protected from fatal injuries.  It does not make sense to risk your life by choosing not to wear your seatbelt.

If you or a family member has been injured or killed in an accident caused by the fault or negligence of another person and would like to consult an experienced Maryland personal injury attorney for free, contact us at (301) 854-9000 to schedule an appointment at one of our office locations in Baltimore or throughout Maryland or visit us online at http://www.portnerandshure.com/Auto-Accidents/Car-Accidents/Fatal-Car-Accidents.shtml

Young Boy Seriously Injured in Hit and Run Accident in Baltimore, Maryland

           Early Saturday evening, 13 year old Dannard Claiborne was crossing Hillsdale Road when a Chrysler 300 ran him over and kept driving.  Dannard was on his way to a vigil being held in honor of his great aunt.  One of his family members had stopped traffic to allow everyone to safely cross the road.  Traffic was stopped for a time, but one car, the Chrysler 300, started revving its engine and plowed right over Dannard without ever stopping.  Dannard suffered serious injuries in the accident, but doctors believe he will make full recovery.

            

           License plate information or any identifying characteristics of the driver are unknown at this time.  However, witnesses describe the car as being either silver or gold.  The vehicle was last seen heading north on Hillsdale Road.  Baltimore Police are asking anyone with any information regarding the whereabouts of this vehicle or its driver to call them at 410-396-2606.

            

           Hit and run accidents are devastating no matter who the victim is.  How somebody can run a young boy over and keep driving is unimaginable.  While the driver of the Chrysler vehicle can be charged with a hit and run for hitting poor Dennard and driving off, it is not as clear as to whether Dannard is able to collect any compensation from the driver for the injuries suffered.  Maryland is a contributory negligence state, which means that if somebody is injured, but the cause of their injuries is due in part to some negligent action they took themselves, they cannot recover any compensation.  Even someone who is 1% negligent cannot recover any compensation if they are injured in an accident that is 99% caused by another party.  We do not know any of the circumstances surrounding this case, so we can only speculate at this time.

If you or a family member have been injured or killed in a Maryland pedestrian accident and would like to consult an experienced personal injury attorney for free, contact our office at (410) 995-1515 to schedule an appointment at one of our office locations in Baltimore or throughout Maryland or visit us online at http://www.portnerandshure.com/Personal-Injury/