• Can I File a Wrongful Death Claim After Someone Runs Over My Dog?

    Pets are regarded as property in the eyes of the law. For years, pet parents have been distressed to find that their options for legal recourse do not sufficiently reflect the significant, long-lasting emotional trauma of losing a pet to someone else’s negligence. Some states have slowly begun to change this approach, including Maryland. If you live in Baltimore, you can talk to an accident attorney to find out if you could file a lawsuit against the person who caused the car accident that killed your dog.

    Wrongful Death Claim in Glen Burnie, MD

    Consulting an Injury Lawyer

    The sudden loss of a beloved member of the family can interfere with your clarity of thought. As difficult as it is to discuss the event, you do need to see a lawyer promptly. He or she will review your case and evaluate the value of the claim. Depending on the circumstances, you may wish to settle the case out of court. Your attorney can contact the negligent driver or the insurance carrier to explain the monetary value of your loss, and offer to settle the case instead of filing a lawsuit. If compensation isn’t forthcoming, you can take legal action.

    Filing a Lawsuit

    You can only sue for wrongful death if a human was killed. However, you can still file a civil lawsuit against the person who killed your pet. Your lawyer will present evidence to prove that the defendant’s negligence directly caused the car accident that killed your dog. Once the defendant is served with the paperwork, it’s quite possible that he or she will be more willing to settle the case out of court.

    Assessing Damages

    A key component of any lawsuit is the assessment of damages. In many jurisdictions, dog owners are limited in the amount of compensation they can recover. A court will typically award the amount the dog would cost, plus related veterinary bills. The following factors may play a role in determining the dog’s value.

    • Purchase price
    • Breed
    • Training
    • Age
    • Health (prior to the car accident)
    • Special characteristics of value
    • Usefulness

    If the dog was a champion show dog, a service dog, or specially trained law enforcement dog, the value would increase. Recently, Maryland courts have ruled in favor of allowing bereaved puppy parents to secure compensation for their emotional distress. Claims of mental anguish can be substantiated by records that show you sought mental health counseling in the wake of the death.

  • Horseplay in the Workplace: A Look at Workers’ Comp

     

    Employees in Baltimore can rely on workers’ comp law to protect them in the event of a job-related injury or illness. However, there are a few gray areas, such as injuries that result from horseplay in the workplace. Because of the risk that your claim would be denied, you should contact a workers’ comp lawyer as soon as possible after becoming injured in a horseplay-related incident.

    Watch this video to hear more about applicable workers’ comp issues. You’ll learn that multiple factors may be considered before denying or approving the claim, such as the nature of the injuries, the role of the injured worker in the incident, and the history and culture of the workplace. If your workers’ comp claim is denied based on willful misconduct, your attorney may file an appeal. Another alternative is filing a personal injury lawsuit against the other employees.

     

  • Steps to Take When You Get Injured at Work

    Employees have rights, but sometimes their inaction can cause those rights to be forfeited. One example is workers’ comp claims. In Baltimore, workers’ comp law allows for the rejection of claims if they are filed past a certain deadline. You can protect your rights by acting quickly. As soon as a work-related injury occurs, you should notify your supervisor that you must leave work to seek medical attention . You have the right to visit a doctor of your choosing. It isn’t necessary to restrict your medical care to employer-approved doctors.

    At the hospital, inform every healthcare provider who evaluates and treats you that your injury is work-related. Ask that your medical records reflect this fact. Save all documents pertaining to your medical care, including co-pay receipts and discharge instructions. You should file a formal workers’ comp insurance claim soon after receiving medical care. Then, call a lawyer who can effectively advocate on your behalf. Your attorney can help you receive all the benefits you’re entitled to, and appeal your claim if necessary.

    Medical Care in Glen Burnie, MD

  • A Closer Look at Violence in Healthcare Settings

    Violence can happen at any workplace, but healthcare workers have a greater risk than most. They are the most assaulted workers in the country—in fact, 60% of assaults in the workplace happen to healthcare workers. If you are the victim of an assault at work, consult a workers’ compensation attorney in Baltimore to find out what your rights are. In addition to providing you with workers’ compensation, you may be entitled to other damages if your employer failed to take the necessary steps to create a safe environment.

    Incidents of Workplace Violence

    Why is violence so pervasive in healthcare?

    There are many risk factors that contribute to violence in the healthcare setting. One is the emotionally charged environment in healthcare, particularly when patients and their loved ones are experiencing life or death emergencies. Patients may also come in with mental health issues and maybe using drugs that can impact their thinking and their behavior. Increased demand on the healthcare system can further exacerbate the stress of the workplace and make the environment even more volatile.

    Who is most at risk for violence?

    Women are most at risk for being the victims of workplace violence. Approximately 80% of healthcare workers who take time off from work for injuries and illnesses that occur because of violence at work are women. Across all industries, women account for only 39% of workplace violence injuries. Women also make up the majority of the healthcare workforce, which partially accounts for why they are so frequently the targets of violence.

    What should you do if you are the victim of workplace violence?

    After an incident of workplace violence, report the assault immediately. In addition to working with your employer to address the violence, consider talking to a workers’ compensation attorney or a personal injury lawyer. You may need long-term medical care for both physical and psychological trauma that may be covered by workers’ compensation insurance, and you may be eligible to receive other damages if your employer’s negligence contributed to the violent incident.

  • Does Workers’ Comp Cover Mental Health Injuries?

    Mental health injuries that occur at work can be as devastating as physical ones, but are you eligible to receive workers’ compensation for them? In Baltimore, workers’ comp law generally does allow this kind of coverage, but you may need an attorney to help you make your claim.

    Watch this video to learn more about workers’ compensation and mental health injuries. If you experience post-traumatic stress disorder or depression because of something that happens on the job, you will need to consult your state’s workers’ comp laws to find out what your rights are. In Maryland, if the mental health injury was sustained at work, you are generally entitled to workers’ comp. These cases are sometimes difficult to prove, so it is helpful to have an attorney fighting for your rights.

  • Preventing Noise-Induced Hearing Loss in the Workplace

    Occupational hearing loss is a significant risk for employees and a common cause of workers’ comp claims. Fortunately, there are many things you can do to protect your hearing at work. If you do suffer hearing loss, contact a workers’ compensation lawyer in Baltimore to determine what steps you should take next.

    Start by recognizing the risks at your job. If you work around heavy machinery, at an airport, in landscaping, or as a first-responder, your hearing could be in danger. Once you understand the risks, determine what kind of device, from earplugs to protective headphones, will provide the best protection for your ears at work. Your employer also has a responsibility to provide training about hearing protection and to set workplace rules that require employees to use protective gear as appropriate for the environment if hearing loss is a risk.

    If you have suffered hearing loss on the job, talk to a workers’ compensation attorney. He or she can help you determine what steps you should take to get the compensation to which you are entitled.

    Preventing Hear-Loss in the Workplace

  • Does Your Car Have an Emergency Kit?

    If you experience a car accident near your Baltimore home , an emergency kit could be an essential part of mitigating injuries for yourself and your passengers. The right time to think about an emergency kit is now, before a car accident occurs. Here are some tips for putting together a kit that has the things you need in the event of an accident.

    emergency - kit

    First-Aid Kit

    A first-aid kit is the foundation of any good emergency kit. Make sure yours is stocked with Band-Aids, gauze, antiseptic creams and wipes, and aspirin or another pain medication. If your family has special medical needs, these supplies should be in the kit as well. For instance, if someone in your family has diabetes, keep glucose tablets or gel or another non-perishable source of sugar on hand. You will still need to get emergency care after a car accident injury, but having basic first-aid supplies can help you cope with an injury until the first responders arrive.

    Basic Repair Tools

    Whether after a car accident or during a roadside emergency, having basic repair tools can be handy. Keep things like jumper cables, tire foam, and a multipurpose utility tool in your kit. You should also have things that can assist with repairs and general safety, such as gloves, rags, duct tape, and a flashlight with extra batteries on hand. A tire gauge is also a useful tool.

    Charged Cellphone

    Having a charged cellphone is essential every time you get behind the wheel. Charge your cellphone every time you get in the car, and keep a spare charger in your emergency kit. Some people find it helpful to have a backup phone with a portable charger in their kit as well. Because you never know what is going to happen on the road, consider programming the number of a car accident attorney into your phone so that you can always reach a lawyer when you have been injured and need to act quickly to preserve your rights.

  • Spotlight on Occupational Diseases

    Workers’ compensation cases aren’t always about injuries. Illnesses that occurred in the workplace may also be covered. If you believe you are the victim of an occupational disease, then contact an attorney to see if you should file a workers’ compensation lawsuit in Baltimore .

    An occupational disease is a chronic condition that was caused by activities done at work. Some of the diseases that could be occupational in nature include cancer, respiratory issues, hearing loss, and skin diseases. In some instances, depression and anxiety can also fall into this category. If you have such an illness, an attorney can help you determine if your employer could be held responsible and if you should file a workers’ compensation claim. The amount of money to which are entitled depends on a number of different factors, including how your illness impacts your ability to do your job now and in the future and the cost of your medical bills. Your attorney can guide you through the process as well as any necessary workers’ comp appeals that follow your initial claim.

    occupational - disease

  • Get the Facts About Workers’ Comp Appeals

    If you file a workers’ comp claim in Baltimore , and you are notified that it has been denied, you have the option to appeal. Although you are not required by law to have an attorney, hiring an experienced workers’ comp lawyer make it easier to navigate the system and understand your rights, especially during an appeal. If your claim has been denied and you’re considering an appeal, here is what you need to know.

    court - appeal

    You must request a new hearing.

    After a workers’ comp claim is denied by the Maryland Workers’ Compensation Commission, your attorney can determine if an appeal is appropriate. If it is, then your attorney will request a new hearing by submitting an Issues Form, which details all of the parts of your claim you believe were incorrectly decided. Once this form is filed, you will be given a hearing date, and your attorney will argue your appeal in front of a Commissioner. Your employer will also be present with an attorney to make his or her case. After hearing both sides, the Commissioner will issue a new ruling.

    You can request a rehearing if the first appeal fails.

    If the Commissioner rules against you in the first appeal, your attorney can file a Request for Rehearing in writing within 15 days. Rehearings are often difficult to get and are usually reserved for cases in which there was a legal error or in which new information has surfaced that the Commissioner should consider in regards to your case. Without meeting these conditions, you are not likely to be successful in getting a rehearing.

    You can appeal your case to the Circuit Court.

    If your rehearing request is denied, your attorney can file for a hearing by the Circuit Court. It is also possible to file a Circuit Court case at the same time as you request a rehearing. If this happens, the Circuit Court decision takes precedence over the rehearing. Circuit Court cases open with the assumption that the initial decision was correct, so your attorney will need to demonstrate the ways in which the Commission made an error. Your employer’s attorney will also present his or her side of the case in Circuit Court.

  • Mistakes to Avoid After a Car Crash

    A car accident can be quite stressful, whether it’s a minor fender bender or a major wreck. The stressful nature of these situations increases the likelihood that drivers will make critical errors that may compromise their ability to obtain just compensation. To minimize this risk, it’s important that every driver understand exactly which steps to take and which mistakes to avoid because a car accident in Baltimore can occur at any time.

    Mistakes to Avoid After a Car Crash

    Apologizing to the Other Driver

    In the U.S., society tends to view apologies with high regard. It seems natural to apologize in many situations and this isn’t always seen as being an admission of fault. However, in the wake of a car accident, simply saying “I’m sorry,” or “I didn’t see you over there,” may compromise your claim. The other driver and the insurance company may try to claim that this statement is an admission of fault on your part and therefore, your rightful compensation may be denied or reduced. If the other driver displays anger or demands an apology, all you need to say is something similar to “Here’s my accident lawyer’s card. Please direct all of your questions to him or her.”

    Making a “Gentleman’s Agreement”

    If the car accident is minor and the damage is minimal, the other driver may ask you to make a verbal agreement with him or her to handle the situation without getting the police or insurance carriers involved. Making a gentleman’s agreement is never a good idea and it usually indicates that the other driver doesn’t have insurance. Always file a police report after a crash and notify the insurance company.

    Neglecting to Document the Scene Properly

    Most people know that they are supposed to exchange insurance information after a car accident. But many fail to take the additional step of documenting the scene. This evidence can be critical in substantiating your claim. Documenting an accident scene is straightforward. Take photos of all involved vehicles, the injuries, skid marks on the road, traffic signs and lights, and other significant features of the area. Ask eyewitnesses to provide their full names and contact information. If they have time, these witnesses may be willing to provide a written, signed statement before leaving the scene. Give your accident lawyer a copy of all of this evidence, as well as the police report.