Employee Spotlight March 2018

Please join us in welcoming one of our newest attorneys, Ms. Molly Cross. Ms. Cross graduated Magna Cum Laude from the University of Baltimore School of Law in 2016 with a concentration in Litigation and Advocacy. While attending law school, she was inducted into the Royal Graham Shannonhouse III Honor Society and served as a Rule 16 Student Attorney for the Saul Ewing Civil Advocacy Clinic, where she represented clients in administrative and district court proceedings. Ms. Cross was also a co-captain and competing member of the National Trial Competition team. Ms. Cross continues to volunteer her time as an assistant coach for the team.  Before law school, Ms. Cross graduated Cum Laude from Clemson University where she studied Political Science and Japanese.

Prior to joining Portner & Shure, Ms. Cross gained experience clerking at a law firm in Baltimore City focusing on civil rights litigation. She later served as a Judicial Law Clerk to the Hon. Cathleen M. Vitale of the Circuit Court for Anne Arundel County. 

Ms. Cross is admitted to the Maryland State Bar and is a member of the American Inns of Court. Her areas of practice include personal injury and criminal defense. We are more than excited to have Ms. Cross as a part of our team.

Recent Case Results September 2017

Recently, Portner & Shure settled a case where two of our clients were rear-ended, leaving them both in immense pain. In an effort to treat their injuries they presented themselves to a hospital and followed discharge instructions to be seen by a chiropractor to ease the rest of their pain. After following their doctor’s treatment plan they were discharged and left with medical bills equaling over $6,000.00 each. After extensive negotiations with the liable insurance company, it was clear they were not willing to offer the settlement amount our clients deserved. Before going to court we were given offers of $7,700.00 and $6,600.00 to settle our client’s claims. However, after going to court we received the verdict of $15,000.00 for one, and $10,586.00 for the other. Needless to say, our clients were very happy with their court award. 

What Clients Are Saying July 2017

“The law offices of Portner & Shure helped me greatly after a pretty debilitating car wreck. Once it became evident that I needed legal counsel I met with Christie Rowland, who then (with the rest of the firm) went about protecting my interests and made my life much easier. When you're hurt it's hard to deal with the constant phone calls and intrusive insurance adjusters. Christie was able to give me the breathing room to heal and put the pieces back together, while giving me the peace of mind that someone was acting in my best interest. I couldn't recommend her, or Portner & Shure enough.”

This case was handled by our Paralegal, Christie Rowland, who works out of our Frederick, MD office.

Employee Spotlight July 2017

Join us in welcoming Kimberly Molina to the Portner & Shure family. She is a receptionist in our Columbia, Maryland office and has been with us since March. Kimberly speaks English and Spanish, which is an important asset at the firm for talking with clients on the phone. Kimberly also actively participates in shooting Spanish videos for the firm. She was born in the United States, but her parents are from El Salvador and came to the United States in the 1990s. Kimberly also has an older brother that was born in El Salvador, but is now living in the United States as well. Kimberly has two children, a daughter named Anabella and a son named Nathan. In her free time, she enjoys going to the gym, spending time with her family, camping, and going to the beach.

Litigation News June 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 her back, neck, hip, and shoulders. He required chiropractic treatment for his injuries. After incurring nearly $2,500.00 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 $7,133.00 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. 

Injured by an Emergency Vehicle in Maryland?

Here's something you probably have never thought of: what happens if you're injured in an accident caused by a speeding emergency vehicle?

We see police cars, fire trucks, and ambulances speeding by us everyday on the roadways. In Maryland, operators of emergency vehicles have certain privileges when it comes to traffic laws, but that does not mean that they are completely immune from liability if they negligently cause an accident.

Accidents involving emergency vehicles do happen, and in some circumstances, the emergency vehicle can be held liable. Maryland traffic laws allow emergency vehicles to run red lights and pass stop signs as long as they first slowed down to ensure they could pass safely. These vehicles are also allowed to exceed the speed limit as long as it is possible to do safely.

Ordinary negligence of emergency vehicles operated by a government entity can only result in, at most, $30,000 in insurance coverage. However, if you can prove gross negligence on the part of the emergency vehicle, Maryland law caps damages at $400,000.

If you've been injured in an accident caused by the negligence of an emergency vehicle, call the attorneys at Portner & Shure for a free consultation today: (301) 854-9000, (410) 995-1515.

What Clients Are Saying March 2017

“After being in a four car collision and getting the run around from the insurance company I decided to contact Portner & Shure. My case was assigned to Ms. Christine Airey. Things improved immediately when Christine requested for another insurance adjuster to be assigned to my claim. She also saved me from paying a five hundred dollar deductible. I received a rental car at no cost and my car was completely repaired. I worked really hard to repair my credit and my medical bills were almost three thousand dollars. Christine made sure these medical bills were paid by following up several times with three different medical billing departments. I am a very active person, because of this accident I was not able to play racquetball, lift weights or go to the golf range. Christine worked really hard to make sure I received the compensation that I deserved. If you're ever in the need of a really Professional Law Firm, contact Portner & Shure. They will take care of you like they did for me!”

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

Litigation News February 2017

On January 20, 2016, our client was involved in an accident that occurred in the snow on the Capital Beltway in Prince George’s County, Maryland.  Liability was denied in this case because the defendant alleged that our client slid on the snowy road and slid into him. However, Portner & Shure attorney, Christina Ruhl, successfully argued that the property damage to our client’s vehicle did not support the defendant’s version of the accident. Our client’s version of the accident was that the defendant attempted to pass him and in the process, he clipped the side of his vehicle, causing the collision.  The Court awarded our client $15,000.00, based on more than $7,000.00 in property damage and more than $7,000.00 in medical expenses. Our client was extremely happy with the result in his case.

July Case Result

                        Case Result

In May of 2015, our client N.K case number 212174, was made an offer of 25,000.

Farmers insurance company refused to increase this offer, and merely claimed our client had a significant amount of preexisting problems. 

We filed suit and set times for the surgeons to be deposed as a means to convince the insurance company that this surgery was related. 

We obtained the policy limits a month before trial and reached a $100,000 settlement. 

Your Privacy Rights After an Accident

So After an Accident- I No Longer Have Privacy Rights?

When you make a personal injury claim, many people are frequently angry and upset by the invasions of privacy that insurance companies commit while investigating your claim.

They do have the right to examine your medical records and bills.

Surprisingly, if you have depression or anxiety you may also have to turn over mental health records! If you’ve had prior injuries, the insurance company may refuse to settle your claim without seeing your prior medical records.

While this may seem upsetting, insurance companies are entitled to inspect relevant records. They are not entitled to medical information that cannot possibility relate to your claim. In the context of a lawsuit, a set of rules called discovery rules become applicable, entitling the insurance company to ask you to formally produce a few direct items.

At attorney can be useful in getting the best offer your case, while limiting disclosure of your personal information. 

Contact Portner & Shure, P.A. 

Litigation News

In our March newsletter we mentioned a recent policy change by Geico.

This shift was towards opening settlement negotiations with a low offer and then refusing to increase it unless the Plaintiff’s attorney can justify more compensation. Amazingly, even after the need for an increase he been explained, Geico’s offer goes up only a fraction of what is fair.

For us, this manner of negotiating is unacceptable. This month our attorneys were successful in a few major accident trials against Geico. Firstly, in a rear end collision where liability was clear, but they failed to make an offer! The end result of this trial was a $5,231.00 verdict for our client. We will continue to litigate in all cases where Geico refuses to offer our clients proper compensation for medical expenses, lost wages, pain, suffering, and inconvenience

Bus Accidents, Unlike Car Accidents,Often Occur Without Any Collision

Obviously, the chances for other accidents to occur on board a bus loaded with passengers is greater. Such was the case in a recent accident in Timonium in Baltimore County, Maryland. In this incident, the bus was transporting a special needs child home, from a Baltimore County School, Villa Maria at St. Vincent's School in Timonium, Maryland. After getting in a fight with one boy, the child then tried to leave the bus via the front door. Aides stopped him, there were two adult aides on the bus. However, neither was apparently able to stop this speedy six year old from then running to the back, opening the door and falling out of a moving bus. Negligence may rise here not from a collision, but from the aides inability to apparently supervise and care for the children. Seems to be a real hot issue since they were on notice that the special needs child was upset and tried to get off the moving bus via the front door.

If you have been involved in an automobile accident or bus accident and would like a free legal consultation or if you would like more information on car accidents please feel free to contact our office or visit us on the web at www.portnerandshure.com. 

Negligence on a School Bus

More facts have been revealed concerning the bus accident in Timonium, Maryland, in Baltimore County which we blogged on recently. In the blog, we questioned whether a 6 year old special needs child could have been stopped before he opened the back door of the bus and fell to his death. We raised the question as to whether the aides on the bus were negligent for failure to provide adequate supervision.

Interestingly, the school system fired the two aides who were on the bus transporting the student from his Baltimore County School to his home. Further, the bus drivers license was also disqualified.

All these actions may help in the future but certainly don't do a thing to rectify the apparent negligent care of the adults on the bus. First, they were on notice that the boy was already trying to get out of a moving bus (he had tried to get out the front). Second, he wasn't in a harness that the state mandated educated plan required him to have. The family is seeking answers. A lawsuit in the Baltimore County Circuit Court will ultimately provide them.

If you have been involved in an automobile accident or bus accident and would like a free legal consultation or if you would like more information on car accidents, please feel free to contact our office or visit us on the web at www.portnerandshure.com. 

The Right to a Jury Trial in a Maryland Accident Case has Changed

Until now if you were involved in an accident and claimed damages of $10,000 or less, you and the insurance carrier were entitled to a judge trial and not a jury trial. Jury trials cost a great deal more. Doctors who charge thousands to appear need to be called. Years ago there was no dollar limit on jury trial requests. As a result, insurance company lawyers would request jury trials in small cases as a means to discourage attorneys from taking them. It was a strategic move to reduce personal injury claims. For example, if an automobile accident case that occurred in Columbia in Howard County was worth $5,000 and the doctor charged two thousand to appear, than the economics of a Howard County jury trial didn't make sense. It discouraged many attorneys from taking smaller claims.

As a result, plaintiff's lawyers fought hard to get legislation passed requiring at least a demand for $10,000 in damages before either side had a right to a jury trial. The change has enabled countless injured people to pursue automobile accident claims when their injuries were soft tissue and the damages they claimed were under $10,000. With the passage of time and higher medical costs many small claims can not be concluded for $10,000.

Rather than have these claims decided in the circuit court before a jury, the plaintiff's bar has been successful in getting the damage limit for a jury trial request raised to $15,000. These smaller claims now can be done quicker in the district court and with less cost. In the district court if your attorney files the proper papers, evidence of your medical bills and treatment is admissible without calling the physician at trial.

Fatal Single Vehicle Accident on Interstate 70

On May 24, 2010, during the morning rush hour there was a serious single vehicle accident on Interstate 70 in Howard County, Maryland. A box truck was traveling westbound when it left the roadway and struck several trees. The driver was pronounced dead at the scene and Interstate 70 was closed for several hours. The cause of the accident is still under investigation.

An accident re-constructionist was most likely called to the scene to help determine the cause of the accident. If skid measurements were taken by an expert, the speed at impact could have been determined. Proper measurements, done timely, with eye witness testimony, could assist in determining if the driver in this accident just lost control of his vehicle, if he was cut off by another driver, or even if his vehicle was not working properly.

Many auto insurance policies that carry Personal Injury Protection also carry a specific Death Benefit coverage that can be paid in the event that a death should occur as the result of an accident. This benefit generally ranges from $1,000.00 to $5,000.00. It is important to review the terms of your policy to verify whether or not your policy has such a benefit.

However, in the event that the driver was working at the time of the accident his family may be entitled to additional benefits under workers' compensation. Since this individual was unfortunately killed in the course of his employment his spouse and/or children may be entitled to receive benefits based on what the employee was making at the time of the accident. Although there is a cap placed on these benefits, it is possible to also obtain a burial allowance in cases such as this.

If you have been injured as the result of an automobile accident or sustained a work related injury, please contact Portner & Shure and speak with our Maryland accident lawyers for a free legal consultation.