Showing posts with label personal injury case. Show all posts
Showing posts with label personal injury case. Show all posts

Thursday, April 29, 2010

Accident Caused Truck to Hang Off Bridge: Possiblity of Workers' Compensation and Auto Accident Insurance Benefits

On April 16, 2010, there was a dangerous truck accident between two work vehicles. Early that Friday morning in the 1600 block of Pennington Avenue in Baltimore, Maryland a utility work vehicle and a tanker truck collided. The truck accident caused the tanker truck to go off the roadway. The drawbridge located at Ordinance Road and Pennington Road was temporarily closed. Both drivers suffered injuries and were taken to Maryland Shock Trauma Center for evaluation.


A claim can be brought against the "at fault" party for property damages and bodily injuries. However, liability must be determined. If the facts of the accident are unclear then the assistance of an accident reconstructionist may be needed. An accident reconstructionist can help determine the cause of an accident.


However, if it is found that either or the drivers contributed to this collision then they may both be barred from any recovery under the rules of "contributory negligence." Contributory negligence is a popular defense that insurance companies use in order to deny claims. An experienced attorney would be able to help determine if this argument has merit.


Moreover, if the drivers were operating, these vehicles while working, they would be able to pursue a claim for Maryland workers' compensation benefits. Maryland workers' compensation benefits could assist them with loss of income, medical expenses as well as compensation for any permanent injury sustained as a result of this truck accident. Workers' Compensation benefits apply regardless of fault. In other words even the at fault driver in this truck accident could obtain such a recovery.


The Maryland accident attorneys at Portner & Shure have handled thousands of claims involving truck accidents as well as workers' compensation claims. For a free legal consultation or more information on car accidents or work related injuries, feel free to visit us for a free consultation.



Monday, July 6, 2009

Why Jurors or the Insurance Company Should Give You Damages in Your Personal Injury Case

Everyone who is hurt in an accident believes they are entitled to recover. Recoveries vary greatly from one jury to another, as well as from one insurance adjuster to another. Some attorneys believe that's just the way the system operates, by chance. Not true, a true understanding of what motivates people to give money in accident cases makes all the difference in the world.


First, the adjuster or juror must be persuaded that the money will help. For example, it will go to medical expenses, future care, or lost wages. That's the easy one. Second, and more difficult, is convincing the adjuster or juror that they need to make up for the harm that was caused by the accident. To do this effectively the lawyer must understand what will emotionally move the person paying the money based on the facts presented. For example, was the defendant not acting responsibly, and worse did the defendant take actions to evade responsibility. If so, the argument for more compensation gets easier. Additionally, was the defendant dishonest, not sorry, callus, or hostile? All of the above are motivating factors to increase your recovery. To explore these motivating factors look closely at the defendants overall conduct immediately after the accident, during the deposition or even at trial.



Jurors and adjusters are regular people. They get angry when people don't stand up and accept responsibility. The get angrier when that same person avoids responsibility at someone elses expense. For example, first, the defendant, fails to accept responsibility by following the proper rules of the road, then because he was in a rush ran the red light. Worse, the defendant further tries to avoid responsibility by never admitting any wrong doing.


Your own likability matters. Attorneys often forget that the value of the case is often judged by how the injured person comes across. It is basic human nature, if the injured person is more likable the recovery is often greater. Hence, why you are trying to find motivational reasons for not liking the defendant, you must not forget that it is important to come across as a good person. Pay careful attention to how you dress or act when meeting an adjuster, or going before a jury.


If you or a relative of yours has been injured in an accident, please contact Portner & Shure for more information.


Jurors and adjusters are regular people. They get angry when people don't stand up and accept responsibility. The get angrier when that same person avoids responsibility at someone elses expense. For example, first, the defendant, fails to accept responsibility by following the proper rules of the road, then because he was in a rush ran the red light. Worse, the defendant further tries to avoid responsibility by never admitting any wrong doing.


Your own likability matters. Attorneys often forget that the value of the case is often judged by how the injured person comes across. It is basic human nature, if the injured person is more likable the recovery is often greater. Hence, why you are trying to find motivational reasons for not liking the defendant, you must not forget that it is important to come across as a good person. Pay careful attention to how you dress or act when meeting an adjuster, or going before a jury.


If you or a relative of yours has been injured in an accident, please contact Portner & Shure for more information.