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proving fault car accident
Our firm has handled thousands of Maryland car accident cases over the years. As discussed below, the law of negligence in Maryland is somewhat unique compared to most other states and it makes clear proof of fault for an accident more important.  This page will look at some of the unique features of Maryland auto tort law and how to properly manage them in order to recover money in an accident.

Maryland’s “Contributory Negligence” Rule

In Maryland, establishing clear, definitive fault after an auto accident is more important than in other jurisdictions. This is because Maryland is one of only a few remaining states in the country, which has an extremely onerous law called “contributory negligence.”

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Pharmacies serve a critically important function in our health care system as prescription medication use is more widespread than ever.

Around 5 billion prescriptions get filled every year in the U.S.  The average pharmacist fills hundreds or even thousands of prescriptions every day and this responsibility involves more than just counting out pills.

There are more prescriptions than ever.  There are also more medication error mistakes and lawsuits in Baltimore than there have ever been.  This post gives you the inside story of what you can expect in pharmacy error lawsuits in Baltimore.

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Defendants Just For Men® hair care products and dyes are sold at hundreds of local and national retailers, including Wal-Mart, Target, Walgreens, and CVS. Just for Men pitchmen like Keith Hernandez argue “Go from Grey to Great” but some are finding an unpleasant catch to the inexpensive hair and beard dye. Specifically, customers are complaining of painful reactions after using the product to clean up their patches of grey.

Just for Men’s manufacturer, Combe Incorporated, hasn’t issued a recall of their hair dye products and most negative reactions to the products are usually temporary. But for many middle-aged men hoping to hold onto that youthful look a little longer, Just for Men’s potential for skin irritation and other issues may do more to harm than help.

Consumer Complaints Old and New

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The saying is “accidents happen.” They do. But sometimes people are seriously hurt because of a fall that is someone else’s responsibility.  When this happens, the result is often a personal injury claim.

Despite safety innovations and a growing awareness of liability among property owners, “slip and fall” injuries are unlikely to disappear anytime soon. There are many misconceptions about these kinds of injuries and their value in Maryland courts.  While they can result in lucrative verdicts or settlements, it’s important to know the facts.

Say you’re walking through a parking lot and an uneven sewer grate sends you flying face first onto the asphalt. Or you’re shopping for groceries and a puddle of water from a leaking freezer makes you lose balance and shatter your hip.  What do you do?  Do you have any options to bring a claim against the wrongdoer who caused you to fall?   The post is intended to better help you understand the answers to these questions.

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While Botox is primarily associated with anti-aging cosmetics, you might be surprised to find out that it can be used to treat cerebral palsy (CP).

Botox is not a miracle drug for CP.  But if the patient has spasticity, Botox can help.

Let’s talk about cerebral palsy and why Botox is bringing about good outcomes for some patients. Before you can understand the use of Botox as a treatment for CP, you first need to understand a little about CP itself and how it affects individuals.

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I think one of the tougher things to do in preparing an injury case for litigation can be determining the proper court and ad damnum amount for suit. This usually comes up in cases where the damages are significant enough that the case can’t be filed in the District Court for $10,000.00 or under.

What Does Jury Trial Prayed Mean?

“Jury trial prayed” is just a fancy way of saying that one of the parties asked that the case be heard by a jury. You have a right to a jury trial in most cases in most states. But most jurisdictions require that you ask for a jury trial.

Should You Pray a Jury Trial?

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Arbitration is a form of resolving civil disputes privately, outside of the actual court system.  Instead of taking their case to court and having it decided by a jury or judge, both parties voluntarily agree to have the case heard and decided by a private arbitration panel.  Arbitration differs from court litigation in a number of significant ways.

It offers many advantages compared to a trial in the court system. But it also has a number of drawbacks.  This article summarizes both the perks of arbitration and the drawbacks as compared to the traditional method of litigating in the court system.

We do not arbitrate as many cases as we did ten years ago.  Why?  First, we handle more malpractice cases than we ever have and malpractice does not lend itself to arbitration.

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In a personal injury lawsuit, plaintiffs are entitled to get compensation for the economic losses resulting from their injury, including lost earnings.  So if you’re not able to work for an extended time because of the injury, you are supposed to get money to compensate for the income you lost.

If you file a lawsuit and ask for lost earnings, you don’t simply tell the court how much you lost.  Damages for lost earnings must be calculated based on evidence.  If you are a W-2 employee with a salary, lost earnings calculation is easy.  You must present documentation from your employer stating what your lost wages were.  There may be a battle over whether the employee needed to take off work.  But the calculation itself is simple.

Self-Employed Calculations Are More Complex

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If you are having back pain after a car crash, you are not alone.  Our law office represents hundreds of victims every year who have suffered back pain — typically low back pain — from a car accident.  I’m hoping this post answers a lot of questions you might have if you have suffered a back injury from a car accident.

What is causing lower back pain after a car accident?

Being involved in a car accident can lead to a wide variety of injuries from bumps and bruises to broken bones and even death. We have handled all of these types of cases too many times. But of all the cases we see, back injuries and the subsequent pain are common consequences of car collisions. If you were involved in a car accident, you may have wondered what caused your lower back pain.

back injury car accidentFirst, whether your vehicle struck another vehicle, a stationary object, or suffered a rollover, a vehicle’s passengers experience a tremendous amount of force during an accident. This force strains muscles, joints, and bones and can cause serious injuries. Even if a passenger is wearing a seatbelt or is protected by an airbag during an accident, the force of car collision can cause a jerking motion often referred to as whiplash. This can happen with little or no damage to the vehicle.  This is not just plaintiffs’ car accident lawyer puffery. There are many scientific peer-reviewed articles that show that the damage done to the vehicle does not always reflect the damage to the occupants.  Can you break eggs in a carton without damaging the carton? Whiplash can cause two types of lower back injuries—discogenic and facet joint injuries. Because of the physiology of the back and the proximity of the thirty-one pairs of nerves known as spinal cord, lower back injuries can lead to nerve damage and paralysis.

What is the lower back physiology?

The lower back is made up of the five lowest vertebrae (referred to as L1-L5) and is known as the lumbar region. This complex system of joints, ligaments, and tendons is responsible for supporting much of the upper body’s weight and protecting the spinal cord.

A series of intervertebral disks – rubbery donuts that act like cushions – serve as shock absorbers for the back. Disc herniation is a condition that occurs when the soft inner filling of the disc protrudes through the more robust outer encasing. Discogenic pain can be unpredictable and happen when a person is sitting, lying down, or moving. Discogenic pain generally causes a sharp, shooting pain that can radiate down the body.

What are some common lower back injuries?

Another type of back injury is a lumbar sprain. Lumbar sprains occur when muscle fibers are abnormally stretched or torn. Another common condition of the back is spinal stenosis, where a ruptured disc or bone fragment enters the spinal canal space, applying pressure to the nerves or spinal cord, which can lead to severe pain.

cervical spine herniated disc Facet joints work with the disks to facilitate and limit movement between the vertebrae. Cartilage surfaces surround facet joints and provide for low-friction motion. These joints define the back’s range of motion and prevent injury from occurring when a person bends too far in one direction. Facet joints have a large number of nerve endings and damage to these joints and the nearby nerves can cause severe pain. Frequently, sufferers of facet joints injuries can cause muscle spasms, which may force the spine out of alignment causing back and neck pain. For example, a patient may experience a muscle spasm that causes the joint to freeze or lock in place; this can occur abruptly and without notice.

How much money do back injury cases settle for when bringing a personal injury claim?

It is impossible to give an average back injury settlement number in a vacuum with completely misleading victims. But here are some statistics and sample verdicts and settlement in back injury cases.

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Our law firm handles cerebral palsy lawsuits in Baltimore.  There is confusion about CP lawsuits and about cerebral palsy in general.  This post hopes to help some clear up some confusion and get a clear picture of the landscape of cerebral palsy in general and the litigation landscape of in CP birth injury suits.

Some lawyers and defense experts in birth injury cases want the jury to think the cerebral palsy is a disease. Cerebral palsy is not a disease.  Rather CP is a group of disorders in which the brain is unable to control muscle movement, coordination, and balance.  The term cerebral references the brain and palsy is a medical term that refers to paralysis or weakness.  CP is caused by a particular type of damage to the brain during developmental stages.

CP and its physical symptoms can vary significantly. Individuals with relatively minor cases of CP might just walk with a slight limp or awkward gait.  I have one friend who has CP who got off to a tough start but does really well and, at this point, no one knows she has CP.   A severe case of CP might leave the person completely unable to walk at all.

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