Litigation News January 2018

This month in litigation news at Portner & Shure, we have an accident case where our client had the right-of-way and the defendant made a left turn into our client's vehicle. The impact left our client with significant pain to his shoulder, back, neck, and left leg. As liability was never accepted by the defendant's insurance company, we had no choice but to put the case into litigation. Before going to trial, there were no settlement offers on the case, after going to trial we received a verdict of $5,338.00 plus court costs. Needless to say, our client was very pleased that he had Portner & Shure on his side.

What Clients are Saying January 2018

I am very pleased with the work Portner and Shure did for my husband's case. I especially loved how Ms. Jung was very attentive and precise at handling our case throughout this whole process. I will definitely come back to portner and shure for sure!!

This case was handled out of our Columbia, MD office by our Paralegal, Ms. Heather Jung

Baltimore, Maryland Car Accident Attorney | The Baltimore City Police Department's No-Pursuit Policy

12-year-old Shanizya Taft was killed in a car crash on Tuesday night in east Baltimore on East Preston Street near Aisquith Street. The driver, a murder suspect in the shooting and killing of a 15-year-old boy on Memorial Day on S. Mount Street, ran a red light and slammed into a white minivan carrying Shanizya Taft, her 4-year-old sister, and mother. Shanizya's mother and 4-year-old sister were taken to a local hospital for treatment. The mother was still in the hospital late Wednesday, while the 4-year-old had been released.

Plain clothes officers pursued the driver after spotting him nearby, but police contend there was no chase. "Our officers were initially behind this vehicle. They did initially try to stop it," said Lt. Eric Kowalczyk, Baltimore City Police. "After a short period of time, they lost sight of the vehicle. And then it was one of our patrol officers who came across the accident a short time after that."

The Baltimore Police Department's policy prohibits officers from chasing suspects in vehicles except under "exigent circumstances," such as when officers believe that failing to pursue could lead to injury or death. Before police can engage in a high-speed pursuit, agency policy says, officials must consider whether the hazards to pedestrians and other drivers are outweighed by the importance of catching the suspect. Officers are supposed to communicate with supervisors before they begin a pursuit, remain in contact, and use their lights and siren.

One reason for this is to prevent police officers from becoming involved in a traffic crash--whether with the suspect or innocent bystanders. Geoffrey Alpert, a University of South Carolina professor of criminology, was quoted in USA Today saying that approximately 35% - 40% of police chases end in traffic crashes. Alpert also stated that while the National Highway Traffic Safety Administration says that police pursuits result in about 360 deaths a year, that number is likely 3 to 4 times higher.

In 2011, the mother of a man who died in a Baltimore motorcycle accident that occurred during a high-speed police chase filed a $40 million wrongful death lawsuit against the city of Baltimore and the police officer involved.

In September of 2013, Baltimore police conducted a criminal investigation into whether officers followed orders to end their pursuit of a sedan before it was involved in a fatal crash that killed three people.

Maryland Personal Injury Attorney|Contingency Fee

Most Maryland auto accident injury attorneys are paid through contingency fees. A contingency fee basically means that the client does not pay anything to the attorney unless there is a settlement with the insurance company or judgment from the court. When there is a settlement or judgment, a Maryland accident attorney is typically entitled to a percentage of that total settlement or judgment amount. When an injured person is considering hiring a Maryland accident injury lawyer, he or she should read the fee agreement very carefully. Before signing the fee agreement, be sure to check what percentage of the settlement the attorney is charging as a fee.

Some Maryland auto accident injury attorneys will charge fees that are too high. If the Maryland auto accident attorney's fee agreement includes a fee of more than 33% for a case that settles, that Maryland accident injury lawyer is a rip-off artist. Most Maryland accident injury cases settle and a fair Maryland auto accident attorney will charge a 33% fee.

Usually, a Maryland auto accident lawyer's fee agreement will have a different fee for a case that goes into litigation. When a case goes into litigation, that means that the case did not settle because of a disputed issue. Common issues insurance companies dispute are low property damage, liability, and reasonableness of medical treatment. A case that is put into litigation will be decided by a judge or jury. Litigation requires much more work including pleadings, discovery, trial preparation, travel, and trial. The additional work often increases the attorney fee to 40% of the total judgment. If your Maryland accident lawyer is charging you more than a 40% fee for a case in litigation, or more than a 33% fee for a case that settles, that attorney is ripping you off. The Maryland accident attorneys at Portner & Shure are both fair and experienced. If you or someone you know has been injured in an automobile accident contact the Maryland accident attorneys at Portner & Shure.

Spanish Speaking Criminal Defendants or Accident Victims in Maryland

Spanish speaking criminal defendants and accident victims should be aware that different rules seem to apply to them while they are in the legal system in many jurisdictions throughout Maryland. In counties like Howard County, Montgomery County and Prince George's County, in our experience, there is no difference in outcome because you speak Spanish in an accident case or a drunk driving case. However, if you go to some courthouses on the Eastern Shore and expect accident compensation, or a fair sentence, in our experience Spanish speaking clients results will vary, will be inconsistent, and may receive less money and a greater sentence.

As a result, we urge our Spanish speaking criminal clients to not accept plea deals in certain counties. Our results in certain criminal cases, in these counties with Spanish speaking defendants, are considerably better at sentencing, even when we have tried cases and lost, then when we have defendants plea guilty.

In accident cases a good Spanish interpreter, who has a nice presence seems to also make a difference. It is obvious that since the damages are being expressed through a Spanish interpreter, the way in which the interpreter appears and expresses herself makes a difference. Our firm is very familiar with certain court certified Spanish speaking interpreters who make a great presentation and help obtain excellent results for our Spanish speaking automobile accident clients throughout Maryland.

 

If you or a family member speaks Spanish and has been injured or killed in an automobile accident, truck, bus or motorcycle accident or have been charged with a crime and would like a free legal consultation or if you would like more information on car accidents and criminal defense, please feel free to contact our office or visit us on the web at http://www.yosoytuabogado.com.

Accident in Maryland, Virginia, or Washington, D.C., Can You See an Acupuncturist?

Many of our Korean and Chinese speaking automobile accident clients prefer a doctor who speaks their native language. Many of these same personal injury clients prefer an acupuncture doctor over a chiropractor or an orthopaedist. The questions presented are what is appropriate medical care, and what is appropriate care in an accident case in Maryland, Virginia, or the District of Columbia.

Assuming the injury was not a bulging or herniated disc, our personal injury clients have treated with acupuncturists and have at the same time obtained great physical results from them, as well as great monetary results from insurance companies. Obtaining medical treatment from acupuncturists is a common occurrence in the Chinese community throughout Rockville, Silver Spring, and Gaithersburg, Maryland.

The world health organization recognizes acupuncture and traditional Chinese medicine to treat automobile accident injuries, including neck, back, shoulder, and knee injuries. Acupuncture itself is more than three thousand years old and works through the distribution of meridians. The meridians are passages through which blood is circulated. Needling the acupuncture points unblocks obstructions at the meridians and re-established blood flow and corrects imbalances. It is believed that needling stimulates the nervous system to release chemicals in the muscles, spinal cord and brain. In turn, the chemicals alter the pain experience or trigger the release of other chemicals which influence the bodies own internal regulating system. The improved biochemical balance results in stimulation of the bodies natural healing abilities.

Acupuncture treatment in Maryland, Virginia, and Washington, D.C., in all automobile accident cases should be prescribed by a medical doctor. Statutes in these jurisdictions are unclear as to whether a liability insurance carrier must pay for this treatment otherwise. Courts will allow the treatment for automobile accident injuries, but with no objection by the insurance carrier, if there is a prescription. Further, PIP and Med-Pay carriers will pay for Acupuncture without any hesitation in cases where its recommended by a medical doctor.

Acupuncturists can not prescribe medication. Often this care is done in conjunction with a medical doctor who can prescribe pain medication and muscle relaxers. Seeing a medical doctor as well as an acupuncturist is often a great combination.

Our personal injury law firm has tried in court and settled thousands of cases where automobile accident victims have used Chinese speaking Acupuncturists. In each case we have found that is the bills and treatment were reasonable and necessary, well documented and prescribed, than the treatment was paid for along with pain and suffering damages.

If you have been involved in an automobile 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

Rear-end Collision in Montgomery County, Rockville, Maryland: Can You Prove Fault?

A Korean gentleman called our personal injury hotline this weekend and relayed the following facts, through one of our Korean auto accident interpreters. He stated he slowed and nearly stopped at a yellow light because the car stopped in front of him. The car drove away, and he was then hit twice from behind. He indicated that he believed he could not be at fault since he was rear-ended, wanted to make an injury claim, but was concerned since he was given a ticket at the scene. See a problem?

The Korean gentleman was alone in the car at the time of the accident. When the police came the two cars that hit him stated he stopped for no reason. The police did not call for a Korean interpreter. Korean interpreters are available through the operator. However, the police certainly don't have as many interpreters on staff who speak Korean as they do Spanish. Therefore, the call was not easy, and was not made. Further, the Korean gentleman was alone at the time of the car accident and he failed to call or get someone to the scene who spoke English. With no witness, and no ability to explain himself, he received a ticket for the accident solely because he spoke Korean and no English. Clearing the matter up later will prove futile. The accident claim was lost at that moment.

Obviously, if you don't speak English you need to be prepared for this type of situation. Spanish interpreters are readily available in accident situations. However, we have seen this same situation repeat itself countless times in situations where our Chinese speaking clients have been involved in motor vehicle accidents where they sustain injuries throughout Maryland and Virginia.

If you have been involved in an automobile 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. Further, if you need an interpreter who speaks Spanish, Chinese or Korean at the scene of an automobile accident, you may call our firm in Maryland at 301-854-9000 or 410-995-1515 and in Virginia at 703-916-1227.

Alcohol Suspected in Serious Automobile Head on Collision

At approximately 2:45 a.m. on March 18, 2010, a driver of a Ford F-150 is suspected of being intoxicated, he sped on Route 100 in Anne Arundel County, Maryland while traveling in the wrong direction. The driver struck a Toyota Camry head on. The driver of the pick up truck and his passenger were transported to Maryland Shock Trauma where they were reported as being in serious condition. The occupant of the Toyota Camry was rushed via medevac helicopter to the same hospital. The operator of the Camry has to be cut out of his vehicle by firefighters.

The accident remains under investigation and charges are still pending. The police however did issue a statement saying that "driver error, excessive speed and alcohol were contributing factors" in this accident. As a result of the collision Route 100 near Arundel Mills Mall just south of BWI Marshal Airport was temporarily closed.

Charges such as driving under the influence, reckless driving, or speeding have significant impact on your driving record. Repeated charges can result in the suspension or loss of your driving privileges in addition to hefty fines and penalties. It may also become difficult to get car insurance if you have charges such as these on your driving record.

The driver of the Camry could file a claim against the "at fault" party in this accident for property damage in addition to the bodily injuries he sustained as a result of this collision. Unfortunately in Maryland he may not be entitled to punitive damages by is entitled to recover for his pain and suffering as a result of his injuries.

If you, a family member, or someone you know has been injured in a motor vehicle collision or if you would like more information on car accidents, please contact Portner & Shure for a free consultation. 

Car Accident Linked to Cell Phone Use

It has been confirmed that talking on a cellular phone while driving can be a major distraction. Teenagers and less experienced drivers are at an even greater risk for causing an accident. The law in Maryland is that drivers younger than 18 with a provisional drivers license or learner's permit are prohibited from using any cell phone while driving. Texting was previously banned in Maryland for all drivers.

Recently a 17-year-old driver caused a serious car accident while talking on his cell phone. The teenager was merging onto Interstate 70 in Frederick County, Maryland when he allegedly rear-ended another vehicle. The responding officer noted that the teenager did not realize that there was highway construction in the area that had caused the traffic to slow down. The driver of the rear-ended vehicle was flown to Washington County Hospital while the teen only sustained minor injuries. The juvenile was charged with negligent driving.

If you, a family member, or someone you know has been involved in an automobile accident or if you would like more information on car accidents, please contact Portner & Shure for a free consultation.