• Factors to Consider When Hiring a Brain Injury Lawyer in Glen Burnie and Baltimore, MD

    The Traumatic Brain Injury Lawyer You Can Count On

    Brain Injury Attorney in Maryland

    In the aftermath of a traumatic brain injury, finding a dedicated and experienced injury attorney is paramount to ensuring your rights are protected and justice is served. Jack J. Schmerling, Attorney at Law, stands as the best brain injury lawyer in Baltimore, MD, with nearly four decades of legal expertise in advocating for those affected by traumatic brain injuries (TBI). We understand the profound impact such injuries can have on individuals and their families. Contact our firm for a free consultation and let us guide you through the complexities of your case.

    What Causes Traumatic Brain Injury?

    Traumatic Brain Injury (TBI) can result from various causes, each with the potential to have profound and lasting impacts on an individual’s cognitive and physical well-being. Common causes of brain injury law firm include vehicular accidents, such as car crashes and motorcycle collisions, where the force of impact can lead to head injuries. Falls, particularly among the elderly or in workplace settings, significantly contribute to TBI. Sports-related injuries, particularly in contact sports, may also result in traumatic brain injuries. Assaults and incidents of violence can cause severe head trauma, leading to TBI.

    When Should I Seek Medical Attention for Traumatic Brain Injury?

    Seeking immediate medical attention is imperative if you suspect a traumatic brain injury (TBI). Symptoms may not always be immediately apparent, but if you experience persistent headaches, nausea, confusion, memory loss, dizziness, or changes in mood or consciousness after a head injury, it is crucial to seek medical help promptly. Even mild TBIs can have serious consequences if left untreated. Early diagnosis and intervention enhance the chances of a favorable outcome and prevent potential complications. If in doubt, err on the side of caution and consult with a healthcare professional to ensure proper evaluation and appropriate care for a suspected traumatic brain injury.

    Key Warning Signs of a Serious Head Injury

    Recognizing the key warning signs of a serious head injury is critical for prompt medical attention. According to our expert legal team, here are three indicators to be aware of:

    • Loss of Consciousness – A sudden loss of consciousness, even if brief, following a head injury, is a red flag that necessitates urgent medical evaluation, as it may indicate a severe impact on the brain.
    • Persistent Headaches or Vomiting – Consistent and intense headaches, particularly when accompanied by persistent vomiting, may signal a more severe head injury, requiring immediate medical assessment to rule out complications such as a concussion or traumatic brain injury.
    • Unequal Pupil Size or Unresponsiveness – Any signs of unequal pupil size, known as anisocoria, or unresponsiveness to stimuli, such as light or touch, are indicative of a potentially serious head injury, requiring urgent medical attention to assess and address potential neurological damage.

    What to Consider When Hiring a Brain Injury Lawyer?

    Selecting the right brain injury lawyer in Baltimore is crucial for navigating the complexities of your case successfully. Consider the following factors when making this important decision:

    • Experience and Specialization – Prioritize a lawyer with a proven track record in handling brain injury cases, as their specialized expertise will be instrumental in building a robust legal strategy tailored to the unique challenges of traumatic brain injuries.
    • Client Reviews and Testimonials – Research and review client testimonials to gauge the lawyer’s reputation for client satisfaction, gaining insights into their communication style, responsiveness, and ability to secure favorable outcomes for individuals with similar cases.
    • Resources and Support Staff – Assess the law firm’s resources and support staff, as a well-equipped legal team can enhance the efficiency of your case, ensuring thorough investigation, expert consultations, and the necessary resources to pursue the compensation you deserve.

    Why Choose Jack J Schmerling, Attorney at Law?

    In ensuring justice for traumatic brain injury victims in Baltimore, MD, Jack J. Schmerling, Attorney at Law, emerges as the preeminent legal advocate. Boasting nearly four decades of expertise, we take pride in being the best brain injury lawyers dedicated to navigating the complexities of TBI cases. Contact us for a free consultation, allowing us to guide you through the legal intricacies and advocate for your rights with unparalleled dedication.

  • Causes of Motorcycle Accidents in Glen Burnie and Baltimore, MD

    The Best Motorcycle Accident Lawyer in Maryland

    Causes of Motorcycle Accidents in Maryland

    Navigating the aftermath of a motorcycle accident requires the expertise of a seasoned attorney who understands the intricacies of personal injury law. At Jack J. Schmerling, Attorney at Law, we specialize in providing comprehensive legal services for motorcycle accident victims in Baltimore, MD. With nearly four decades of experience in the courtroom, we recognize the unique challenges faced by those involved in motorcycle accidents. Our commitment to excellence and success, coupled with a deep understanding of motorcycle accident statistics, empowers us to advocate fiercely for our clients. If you’ve been injured in a motorcycle accident, let us guide you through the legal complexities, ensuring your rights are protected, and you receive the compensation you deserve. Contact our firm for a free consultation from our Motorcycle Accident Lawyer and take the first step towards securing your rightful justice.

    Common Causes of Motorcycle Accidents

    Navigating Baltimore’s roads demands a keen understanding of potential hazards. Here are common causes of motorcycle accidents in the city:

    • Distracted Driving – Motorists distracted by phones or other factors divert attention, posing risks to motorcyclists.
    • Lack of Visibility – Reduced visibility during adverse weather or at night increases the likelihood of collisions, emphasizing the need for heightened awareness.
    • Road Conditions and Maintenance – Potholes and uneven surfaces can create hazardous situations, underscoring the importance of well-maintained roads.
    • Opening Car Doors – Drivers failing to check for oncoming motorcycles before opening doors can lead to accidents, requiring increased driver vigilance.
    • Motorcycle Defects – Unnoticed or unaddressed motorcycle defects can contribute to accidents, emphasizing the importance of regular maintenance.
    • Alcohol and Substance Abuse – Riding under the influence significantly elevates accident risks, highlighting the importance of sober riding.
    • Motorcycle Safety Equipment – Proper use of safety gear, including helmets, reduces injury severity during accidents.
    • Route Types – Different routes, such as highways or urban streets, present unique challenges, requiring adaptable riding approaches.
    • Speeding – Adhering to speed limits and adjusting speeds according to road conditions is crucial in preventing accidents.
    • Rear-End Accidents – Collisions from behind pose a threat to motorcyclists, emphasizing the need for maintaining safe following distances.
    • Left Turn Accidents – Accidents during left turns underscore the importance of intersection safety and anticipating other drivers’ actions.

     Other Services We Offer

    In addition to our dedicated legal services for motorcycle accidents and traumatic brain injuries, Jack J. Schmerling, Attorney at Law, offers a comprehensive array of legal support to address various needs. Our expertise extends to personal injury cases, including those arising from auto accidents, workplace injuries, and social security disability claims. We are committed to providing top-notch legal representation in DUI/DWI cases, ensuring that individuals facing these charges receive fair and effective advocacy. With a track record of excellence spanning nearly four decades, our firm is equipped to handle various legal matters. Whether you require assistance with workers’ compensation claims, personal injury litigation, or legal support for DUI/DWI defense, we are here to guide you through every step of the legal process. At Jack J. Schmerling, Attorney at Law, we strive to be your trusted partner in navigating the complexities of the legal system, advocating for your rights, and securing the justice you deserve.

     Why Choose Jack J Schmerling, Attorney at Law?

    Jack J. Schmerling, Attorney at Law, stands as your unwavering ally in the aftermath of a motorcycle accident in Baltimore, MD. Our nearly four decades of legal expertise, coupled with a profound understanding of the reasons for motorcycle accidents, positions us to offer unparalleled support. Whether your accident was caused by negligence, recklessness, or other factors, our Motorcycle Accident Lawyer are dedicated to securing the compensation you deserve. Don’t face the legal complexities alone—trust in our commitment to excellence and success. Take charge of your future; contact us for a free consultation. Let us champion your rights and guide you toward the justice you deserve.

  • COVID-19 Workers’ Compensation Benefits Presumption in Favor?

    As of August 28, 2020, Honolulu firefighters are asking the Mayor of that city to make it easier for them to obtain workers’ compensation benefits related to COVID-19.   Specifically, the firefighters are hoping that the Mayor will enact a legal presumption in their favor.  This would mean that if a firefighter gets sick with COVID-19, it would be presumed that they got it while on the job, and therefore are eligible for workers’ comp benefits.  The local government or its insurance company would then have the burden of overcoming that presumption by showing that, in fact, the firefighter contracted COVID-19 from somewhere other than work.  This would create a different legal standard than the usual one in workers’ compensation cases, where the burden is on the employee to establish that his/her injury or illness occurred on the job.  If the change goes into effect, it would be significantly easier for firefighters to obtain workers’ comp benefits.  Honolulu is not the only jurisdiction to consider this kind of legislation; a few months ago I shared on LinkedIn that Governor Ned Lamont of Connecticut had issued an executive order also creating a presumption in favor of workers who contacted COVID 19 during the early part of the pandemic. As of August 28, 2020, Honolulu firefighters are asking the Mayor of that city to make it easier for them to obtain workers’ compensation benefits related to COVID-19.   Specifically, the firefighters are hoping that the Mayor will enact a legal presumption in their favor.  This would mean that if a firefighter gets sick with COVID-19, it would be presumed that they got it while on the job, and therefore are eligible for workers’ comp benefits.  The local government or its insurance company would then have the burden of overcoming that presumption by showing that, in fact, the firefighter contracted COVID-19 from somewhere other than work.  This would create a different legal standard than the usual one in workers’ compensation cases, where the burden is on the employee to establish that his/her injury or illness occurred on the job.  If the change goes into effect, it would be significantly easier for firefighters to obtain workers’ comp benefits.  Honolulu is not the only jurisdiction to consider this kind of legislation; a few months ago I shared on LinkedIn that Governor Ned Lamont of Connecticut had issued an executive order also creating a presumption in favor of workers who contacted COVID 19 during the early part of the pandemic.

    This is a sensible policy, and I believe the Maryland legislature should follow suit.  For months, frontline workers such as doctors, nurses, nursing home staff, police officers, and firefighters have had to venture out and do their jobs in the midst of the pandemic.  For those who contracted COVID-19, many of them would have almost certainly gotten sick while at work and being in close proximity to patients or co-workers who have the disease.  Our government should pave the way for those individuals to more easily obtain workers’ compensation benefits to help cover the costs of their treatment and to ensure that they are not forced to use sick or vacation time to cover their days missed.  The presumption would be rebuttable, meaning that the worker would not be guaranteed benefits; the employer/insurer would still have the chance to show that the employee contracted COVID-19 outside of work.  The presumption could also be limited to only encompass certain classes of essential employees, and it may also be limited to a specific period of time, perhaps the first few months of the pandemic.  These limitations would create a fair balance on the one hand between the right of employees to be compensated and the rights of employers/insurers who do not have a tremendous new front of liability thrust upon them due to unprecedented circumstances.

    The concept of a legal presumption is not unheard of in Maryland.  Certain emergency personnel such as firefighters and police officers already benefit from presumptions in their favor.  MD. Code Labor & Employment Section 9-503 establishes that certain emergency personnel who develop heart disease, hypertension, or lung disease are entitled to a presumption in their favor that they developed those conditions as work-related occupational diseases.  There are also already presumptions in place for certain individuals who contract some types of cancer and Lyme disease.  This goes to show that our Legislature is already familiar with the concept of making it easier for certain individuals, who put their lives and bodies on the line, to obtain workers’ compensation benefits.

    Regarding the current pandemic, it makes sense to again create a presumption in favor of benefits for frontline employees, in light of the courage and dedication that they displayed by showing up to work during the pandemic. Regarding the current pandemic, it makes sense to again create a presumption in favor of benefits for frontline employees, in light of the courage and dedication that they displayed by showing up to work during the pandemic.

    For all of your workers’ compensation questions, please contact our experienced attorneys at 410-787-0022.


    1. https://www.hawaiinewsnow.com/2020/08/28/firefighters-ask-exception-workers-compensation-policy-during-pandemic/
    2. https://portal.ct.gov/Office-of-the-Governor/News/Press-Releases/2020/07-2020/Governor-Lamont-Signs-Executive-Order-Strengthening-Workers-Compensation-Claims

  • Suing Employer for Work-related COVID

    If an employee contracted COVID-19 while on the job and passed away, can the family sue the employer for wrongful death?

    As the country continues to reel from the coronavirus pandemic, new legal issues continue to arise.  There has been talk in the media of people bringing wrongful death lawsuits against companies, alleging that the companies are responsible for the deaths of loved ones who contracted COVID-19 while at work.  Is that a viable legal option in Maryland?[1]

    The answer would appear to be: almost certainly not.  Maryland law is quite clear that if someone gets ill and passes away while on the job, the person’s beneficiaries are limited to seeking benefits via the workers’ compensation system, as opposed to being able to bring a civil suit (such as a wrongful death action) for monetary damages.

    The Maryland Code of Labor and Employment Section 9-509 is entitled “Exclusivity of Compensation.”  Subsection (b) of that statute states: “Except as otherwise provided in this title, the compensation provided under [the Workers’ Compensation title] to a covered employee or the dependents of a covered employee is in place of any right of action against any person.”  In other words, if your loved one passes away as a result of a work-related illness, you are limited to seeking recovery by way of workers’ compensation benefits.  Death benefits in a workers’ compensation situation can be quite substantial, but may be more limited than what someone could seek by way of a civil lawsuit.

    The statute does provide for an exception.  Section (d) states:

    Exception — Deliberate act. — If a covered employee is injured or killed as the result of the deliberate intent of the employer to injure or kill the covered employee, the covered employee or, in the case of death, a surviving spouse, child, or dependent of the covered employee may:

    (1)  bring a claim for compensation under this title; or
    (2)  bring an action for damages against the employer.

    The exception provides an option for bringing a civil lawsuit if the employer committed a “deliberate act.”  This is a very high bar to overcome, however.  Maryland’s highest court held that an employer has committed a “deliberate act” only when the employer “decided to injure [the employee], that the employer committed some act to accomplish this goal, and that as a direct result of the employer’s action [the employee] was injured.”  Johnson v. Mountaire Farms of Delmarva, Inc., 305 Md. 246, 258 (1986).  That case makes clear that even if the employer is reckless or willfully negligent by placing its employees in a dangerous position, such action is not sufficient to allow the employee to bring a civil suit for damages.  The employee has to show that the employer intended or desired for the employee to get sick or injured.

    Turning to the current pandemic, many people in Maryland may feel that their employers acted wrongly by forcing them to come into work during the pandemic, or by not providing sufficient PPE.  Those people may be justified in their feelings, and obviously if someone got sick at work from COVID-19 and passed away, that is a tragedy for which the family should be entitled to some benefits.  However, the law in Maryland makes clear that the family will likely be limited to seeking those benefits by way of the workers’ compensation system, as opposed to by way of a civil lawsuit (unless there is some evidence that the employer knowingly desired for the employee to contract the disease and therefore placed him or her in harm’s way).

    Our attorneys are happy to answer your questions regarding work-related COVID 19, or any other question relating to workers’ compensation in Maryland.   Please call us at 410 787 0022 to set up a free consultation.

    [1] This article deals only with the situation where an employee contracted COVID-19 while at work and passed away.  There may be other situations in which someone contracted COVID-19 and passed away, and where a different legal analysis would apply. 

  • Permanent Partial Disability and COVID-19 Part II

    In Part I of this blog post, I gave a basic overview of permanent partial disability (PPD) benefits.  So what kind of permanent partial disability benefits might someone who gets infected with COVID-19 at work expect to receive?  Permanent partial disability benefits usually involve lasting physical effects.  I found at least one news article describing COVID-19 as having possible permanent respiratory effects (such as permanent lung scarring or fibrosis), as well as possible lasting cognitive effects, although there is not yet enough data to reach definite conclusions.[1]  There is also a discussion of COVID-19 causing issues with blood clotting, stroke, and heart problems.[2]

    Let’s say that an injured worker (Izzy) suffers lung fibrosis as a result of work-related COVID 19.  The lungs are considered part of the “body” for PPD purposes.  An injury to the body allows someone to receive a maximum of up to 500 weeks of PPD payments.  Izzy goes to one independent medical evaluation and that doctor says he’s suffered a 20% permanent impairment of his respiratory function as a result of COVID 19.  The insurance company sends Izzy to their independent medical evaluator, and that doctor rates him as 10% permanently injured.

    At this point, Izzy would likely go to a hearing[3] and a Workers’ Compensation Commissioner would review both physician reports as well as listen to Izzy testify about what symptoms he’s still having, such as difficulty breathing or pain in his chest.  At that point, the Commissioner would assign a percentage of permanent impairment to Izzy’s lungs.  That number is very important.  In the Workers’ Compensation system, we speak of different “tiers” of payments.  If someone is awarded less than 75 weeks of payments, they receive payment at the Tier one rate, which is 1/3 of their average weekly wage up to a statutory maximum.  If the person receives 75 weeks or more of payments, they receive the higher Tier two payment rate, which equals 2/3 of their average weekly wage, up to a statutory maximum.  The difference between receiving a Tier one rating vs. a Tier two rating means thousands of dollars for an injured worker.

    In Izzy’s case, he wants to get an award of at least 15% from the Commissioner, because of 15% of a maximum possible of 500 weeks = 75 weeks.  A 15% rating or above will get him the Tier two rate.  Any rating lower than 15% will get him the Tier one rating.  Much rides on the ratings of the different doctors as well as how Izzy communicates his symptoms to the Commissioner.

    Physical effects are not the only ones that may be relevant.  Workers’ Compensation in Maryland also at times allows someone to be compensated for psychological harm incurred as a result of an incident at work.

    I think it’s important to keep in mind that there are two classes of individuals who may claim psychological harm as a result of COVID-19: those who actually become infected with the disease, and those who have to work in the incredibly difficult circumstances of healthcare clinics with high rates of the disease.

    As to the first group of individuals, those who actually become infected with COVID-19: the Courts in Maryland do recognize psychological harm as something that can arise out an “accidental personal injury” that one suffers at work.  Belcher v. T. Rowe Price, 329 Md. 709 (1993) is a case in which Maryland’s highest courts examined the concept of psychological harm in the workers’ compensation cases.  In that case, the claimant was at work when a huge construction beam came crashing through the roof.  Although she was not physically harmed, she suffered psychological detriments.  This is what the Courts deem a “mental-mental” situation: a mental stimulus (the fear of the crashing beam) induces “mental” suffering.  The Court held that claimants could seek Workers’ Compensation benefits for psychological injuries, as long as the mental harms were induced by a “sudden or violent” event, and that the psychological harms were capable of objective determination.

    COVID-19 is a bit different, in that the anxiety an infected person suffers is not a “mental-mental” event, but rather a “physical-mental” event: a “physical” cause (infection of one’s body with a disease” provokes possible “mental” effects (anxiety, depression, etc.)  It remains to be seen whether the Commission and Courts will apply the same standard of requiring a “sudden and violent” accident to induce the psychological harms, or whether perhaps the law will be more lenient in the case of COVID-19, where definite physical harm is suffered.

    The second class of workers who may be entitled to benefits are healthcare workers who perhaps were not infected themselves, but had to show up to work day in and day out during the pandemic and deal with the incredibly difficult scenario of treating COVID 19 patients and perhaps watching many of those patients lose their lives in a very painful way.  The Court of Appeals has recognized that post-traumatic stress disorder (PTSD) can be a compensable “occupational disease” for workers’ compensation purposes in certain situations.  The key case is Means v. Baltimore County, 344 Md. 661 (1997).  That case involved a paramedic who through the course of her work was exposed to several “gruesome” accident scenes and eventually developed PTSD as a result.  The Court held that PTSD may be a compensable occupational disease if: 1) the employment is of such a nature that the risk of PTSD is a hazard of that particular employment, and 2) the PTSD is contracted as the result of an in the course of employment and causes the employee to become incapacitated.

    There’s certainly an argument to be made that healthcare workers who develop PTSD based on what they experienced through the pandemic may have a valid occupational disease claim.  One hurdle is that, traditionally, the occupational disease must develop in a “slow and insidious” manner.  The pandemic has only lasted a few months so far, and it’s unclear how long it will go on for.  It may not last for a long enough time to allow for “slow and insidious” development of PTSD, although that may be an issue that needs to be litigated.

    Please call us at 410 787 0022 to discuss work-related COVID-19 or any other question you may have about workers’ compensation in Maryland.


  • Permanent Partial Disability (PPD) Benefits and COVID-19, Part I: An Introduction to PPD

    When someone in Maryland is injured on the job, the Workers’ Compensation statute allows that person to receive certain benefits.  Those benefits include Temporary Total Disability (TTD) payments, which provide for two-thirds of the person’s average weekly wage during the time the person is totally unable to work due to the work accident.  Another class of benefits is the payment of all causally-related medical costs by the employer or workers’ compensation insurer.

    When someone in Maryland is injured on the job, the Workers’ Compensation statute allows that person to receive certain benefits.  Those benefits include Temporary Total Disability (TTD) payments, which provide for two-thirds of the person’s average weekly wage during the time the person is totally unable to work due to the work accident.  Another class of benefits is the payment of all causally-related medical costs by the employer or workers’ compensation insurer. The third class of benefits is what is referred to as Permanent Partial Disability (PPD) benefits.  Oftentimes when someone is hurt, they will go through a course of treatment, which could include surgery, therapy, medications, or whatever other medical treatments are necessary to restore them to good health.  However, many times, even after the person has gone through treatment and achieved what is known as Maximum Medical Improvement (MMI), the person will still experience some degree of lingering symptoms or issues as a result of the work accident.  PPD benefits are designed to compensate for those.

    A typical example would be someone who breaks a bone in their hand while at work.  Let’s say that person undergoes surgery and the course of occupational therapy which allows them to get back to work after six months.  However, the person still experiences ongoing numbness, tingling, weakness, and/or loss of range of motion in the affected hand.  Most likely the person will always have some degree of lasting effects due to the injury.

    At this stage, the person should be “rated” for their level of permanent impairment.  Usually, at least two doctors will rate a workers’ compensation claimant as to the degree of personal injury: one physician that is contracted by the injured worker or his/her attorney, and one physician by the employer/insurer’s physician.  Not surprisingly, the claimant’s doctor will usually provide a higher disability rating than the employer/insurer physician.  After that, the two sides will either work out a settlement agreement as to the level of permanent damage, or they will go to a hearing in which a Workers’ Compensation Commissioner will review the medical reports and hear the testimony of the worker as to what ongoing issues are still being experienced.  Then the Commissioner will assign a rating to the person’s permanent injuries.

    Each body part in Maryland is assigned a different total number of weeks of permanent partial disability benefits.  For example, to use our imaginary situation of an injured hand, the maximum number of weeks of permanent partial disability that someone can receive for a hand is 250 weeks of payments.  Now let’s say that our injured worker goes to a hearing, and the Commissioner decided that he has suffered a 10% permanent loss of use of his hand due to the work accident.  To figure out how much money the person would receive, we would multiply 10% x 250 possible weeks x one-third of the person’s average weekly wage.  In 2019, the maximum weekly payment that someone could receive for a 10% hand injury would be $187.00/week.

    10% x 250 weeks x $187.00 = $4,675.00 in payments paid over the course of twenty-five weeks.

    I hope that example was not too complicated.  To summarize, there are several factors that come into play when determining PPD: what part(s) of the body were injured; how badly injured they were, based on independent medical evaluations; and what the person’s average weekly wage was at the time of the injury. How does this apply to COVID-19?  I will address that in Part II.

  • How Does Another Driver’s DUI Impact Your Accident Claim?

    Car accidents occur around the Baltimore area every day. Unfortunately, many of them are caused by reckless drunk drivers who jeopardize the safety of everyone else on the road because of their irresponsible decisions. If you survived a car accident caused by a drunk driver, you should consult an injury lawyer right away. You shouldn’t have to pay for damage inflicted by someone else. Any claim or lawsuit that your injury lawyer files on your behalf will proceed entirely separately from criminal charges against the other driver.

    Car Accident Attorney in Baltimore, MD

    Negotiating a Just Settlement

    Drunk drivers cost their insurance carriers big bucks. Because insurance companies know that juries almost always find in favor of the plaintiff in these cases, these companies are usually quite willing to settle the case. However, the insurance carrier’s idea and your idea of a just settlement may be fairly disparate. It can take some back-and-forth negotiations between your injury lawyer and the insurance company to reach a fair settlement. Remember to keep your lawyer updated with any changes in your health status. If you require additional surgery, are diagnosed with another medical problem, or otherwise experience a change in your health, this will affect the settlement negotiations.

    Deciding to Take a Settlement

    Your lawyer can offer advice on whether or not a settlement offer is fair in light of your losses. However, only you can decide whether to agree to settle the case or not. There’s no need to rush to a decision. If you do agree to the settlement, you cannot later change your mind. However, you could decline the settlement and then reconsider a settlement at a later date, assuming that the other party is still willing to settle.

    Going to Trial

    If a fair settlement offer is not forthcoming, it’s time to talk to your lawyer about the merits of taking the case to trial. In civil lawsuits, drunk drivers are nearly always held liable for the damages they inflict. However, you will have to be prepared to testify and have your medical records scrutinized. Your lawyer will guide you through each step of the litigation process.

  • Is Your Accident Settlement Offer Too Low?

    Even if you have been involved in a previous car accident in the Baltimore area, you may find it overwhelming to deal with the many details of securing compensation. It’s a good idea to speak with an injury lawyer even if you aren’t sure whether you will file an accident injury lawsuit. Your lawyer has plenty of experience dealing with insurance carriers. He or she will help you secure a generous accident settlement.

    Auto Accident Attorney in Baltimore, MD

    Initial Offer

    It’s to be expected that the first accident settlement offer you receive will be the lowest amount that the insurance adjuster is authorized to offer. Insurance is a business and, as with any business, the insurance adjuster’s goal is to improve the company’s bottom line. Unfortunately, far too many car accident survivors take the first offer they get because they’re unaware that it’s negotiable or because they lack negotiating skills. This is another benefit of hiring an injury lawyer; he or she knows the most effective strategies to use to negotiate with the insurance adjuster.

    Medical Expenses

    Before deciding whether subsequent settlement offers are too low, you’ll need an estimate of your losses. Calculating your losses can be more difficult than you might think, but your lawyer can handle this task for you. The settlement offer should be substantial enough to fully cover your out-of-pocket medical costs such as diagnostic tests, surgeries, hospitalization, physical therapy sessions, and pharmacy co-pays. Depending on the nature and extent of your injuries, you might also require durable medical equipment and perhaps the services of a home health aide when you leave the hospital.

    Property Damage

    Your vehicle may have sustained minor damage or it might be a total loss; either way, you deserve full compensation for the damage. The settlement offer should be high enough to restore your car to the condition that it was in prior to the crash. If the vehicle was a total loss, your lawyer will ask for a settlement offer that includes the fair market value of the car. Your settlement offer might even include your rental car or other transportation costs that you incurred after the crash. Keep in close contact with your lawyer throughout the process and advise him or her of any new expenses you incur.

  • What Is Occupational Asthma?

    Asthma is a chronic, inflammatory condition that affects the airways and causes trouble breathing. Periodically, the inflammation can become significantly worse in a flare-up called an asthma attack. There are different types of asthma, including occupational asthma, which is a disease triggered by a workplace. If your doctor informs you that you have asthma and you suspect your job may be to blame, talk to a workers’ comp attorney in Baltimore right away. Under workers’ comp law , your medical treatment may be covered and you may be entitled to receive additional benefits.

    Your workers’ comp lawyer may ask to see your medical records, which might indicate whether you have work-aggravated asthma or true occupational asthma. Work-aggravated asthma refers to pre-existing asthma that is worsened by conditions in the workplace. True occupational asthma originates directly from the workplace. Jobs that require exposure to chemical irritants or sawdust, for example, can irritate the airways. A workers’ comp lawyer can make sure your employer follows all the necessary steps to protect employees, such as implementing a health surveillance program and establishing effective irritant control measures.

    Workers Compensation Attorney in Baltimore, MD

  • Answers to Your FAQs About Workers’ Compensation Claims

    Did you know that workers’ compensation is the oldest type of social insurance in the U.S.? In fact, it’s mandatory for employers to provide coverage to employees. If you think you might need to apply for benefits, a workers’ compensation law firm serving Baltimore can give you the answers to all of your questions. Since there are time limits to file a claim, consult a workers’ compensation attorney serving Glen Burnie as soon as possible after you have sustained an injury.

    Who Is Eligible for Workers’ Compensation?

    Workers’ compensation is not administered on a federal level; the programs vary from state to state. This is one reason why it’s essential to work with a workers’ compensation attorney to ensure you’re eligible for benefits. You could be eligible for benefits if you’re an employee of a company, rather than an independent contractor. If you run a sole proprietorship, your business must purchase workers’ compensation insurance. The same is true if you’re involved in a partnership.

    Workers Compensation FAQ

    What Types of Injuries are Covered?

    Your workers’ compensation attorney will review your medical records and investigate the case to determine if your medical problems are covered. Health conditions must be related to your job for you to receive benefits. In some cases, the connection is clear, such as if you slip and fall at work due to hazardous conditions and sustain a fracture. However, other types of job-related health issues can also be covered, such as carpal tunnel syndrome due to repetitive movements at work or a respiratory infection due to poor air quality.

    What Type of Benefits Can I Receive?

    Your workers’ comp attorney may file a temporary disability claim or a permanent disability claim on your behalf. If your temporary disability claim is approved, you’ll receive a percentage of your wages while you’re out of work. For example, if you’re unable to work at all on a temporary basis, you’ll receive two-thirds of your average weekly income. If your permanent disability claim is approved, you’ll receive compensation for a set number of weeks. In addition to compensation for lost wages, you can receive compensation for your medical expenses and hospitalization. For example, medications, prosthetic appliances, crutches, and surgery costs could be covered. Your workers’ compensation attorney may also help you obtain vocational rehabilitation benefits, which may consist of vocational assessment, counseling, and job placement.