Personal Injury Lawyer in Baltimore

Unless it is inherently unfair a court will require a party seeking discovery from an opposing party's expert to pay the expert a reasonable fee for the time spent in responding to the discovery provided the discovery is for the purpose of finding the expert's opinions. As far as determining the reasonableness of expert fees the court has applied a six-point test to resolve the question of the reasonableness. Specifically, the court focuses on the following factors: the witness's area of expertise; the education and training that is required to provide the expert insights; the prevailing rates; the nature, quality and complexity of the discovery responses; the cost of living in a particular geographical error area; and any other factor likely to help the court. See Goldwater v Postmaster General of the United States 130 6 F.R.D. 337. Maryland courts look at Maryland rule 2–402 (e)(3), to recognize the court's authority to require the discovery party to pay the expert's preparation time when circumstances so require. The awards for preparation time typically are granted only upon extraordinary circumstances. If you have questions regarding personal injury in Maryland please feel free to give me a call at 1-888-760-7339.

Good Faith In Discovery Maryland Personal Injury

Before a party can file a motion to compel discovery the attorney seeking the discovery must first exercise good faith to resolve any disputes with his counterpart. The exercise of good faith requires more than simply sending correspondence and may very well require direct verbal communication between the attorneys in an attempt to resolve the dispute. The good-faith requirement is found in Maryland Rule 2-431. Maryland law does require direct contact between opposing parties in an attempt to resolve a discovery disputes amicably prior to seeking sanctions. See Sculley v Tauber, 138 Md App 423, 771 A 2d 550 (Md App. 2001). If you have questions regarding discovery and a Maryland personal injury case or you need a personal injury attorney in Maryland please feel free to call my office we are the personal injury lawyer in Baltimore. 1-888-760-7339.

Personal Injury Protection (PIP)

Personal injury protection insurance is offered in Maryland with minimum limits required of $2500. However the insurance coverage can be waived by first named insureds. If you have elected to have personal injury protection the benefits provided include reasonable and necessary expenses arising from an accident including medical costs, surgical, diagnostic, etc. and also payment of up to 85% of lost income. Specifics about the personal injury protection coverage and the benefits provided can be found in Maryland insurance code annotated section 19–505. Personal injury protection benefits are of tremendous value to a plaintiff in a personal injury case in Maryland. The money is most wisely used to first reimburse lost wages. Often times there is a race between the insured and medical providers seeking reimbursement of their cost both from the PIP coverage. One way to help control the situation is too promptly file the PIP claim while enlosing your disability slip and statement from your employer regarding lost wages. If you have questions regarding personal injury protection please feel free to give me a call. I have been representing clients in personal injury and malpractice cases for over 20 years. I am happy to answer your questions over the phone at no cost to you. 1-888-760-7339

Serving the Defendant in Maryland Personal Injury cases

The first step to moving forward with your personal injury case in Maryland is to identify the defendant. Once identified, if the case will not settle, then you file suit and serve the defendant. Service can become complicated with people traveling and relocating or avoiding service. The Maryland rules on process service are found in Rule 2-121. Process - Service - In personam.

(a) Generally.- Service of process may be made within this State or, when authorized by the law of this State, outside of this State (1) by delivering to the person to be served a copy of the summons, complaint, and all other papers filed with it; (2) if the person to be served is an individual, by leaving a copy of the summons, complaint, and all other papers filed with it at the individuals dwelling house or usual place of abode with a resident of suitable age and discretion; or (3) by mailing to the person to be served a copy of the summons, complaint, and all other papers filed with it by certified mail requesting: "Restricted Delivery - show to whom, date, address of delivery." Service by certified mail under this Rule is complete upon delivery. Service outside of the State may also be made in the manner prescribed by the court or prescribed by the foreign jurisdiction if reasonably calculated to give actual notice.

(b) Evasion of service.- When proof is made by affidavit that a defendant has acted to evade service, the court may order that service be made by mailing a copy of the summons, complaint, and all other papers filed with it to the defendant at the defendant's last known residence and delivering a copy of each to a person of suitable age and discretion at the place of business of the defendant.

(c) By order of court.- When proof is made by affidavit that good faith efforts to serve the defendant pursuant to section (a) of this Rule have not succeeded and that service pursuant to section (b) of this Rule is inapplicable or impracticable, the court may order any other means of service that it deems appropriate in the circumstances and reasonably calculated to give actual notice.

(d) Methods not exclusive.- The methods of service provided in this Rule are in addition to and not exclusive of any other means of service that may be provided by statute or rule for obtaining jurisdiction over a defendant.

If you have questions about filing suit in a Maryland personal injury case, please feel free to call my office. I will discuss your case over the phone at no cost to you 1-888-760-7339

Document Discovery Maryland Personal Injury

In the course of litigation of a personal injury case in Maryland documents maybe requested by the opposition. The question then arises, who pays for the cost of the production, which in some cases can be very expensive. See Dynamic Corp. v. Shan Enterprises, LLC, 175 MD App 211 927 a 2d 20 (2007). Copying a document is a related act within the meaning of Maryland Rule 2-422 (c). Unless otherwise ordered it is the responsibility of a requesting party, not a producing party to pay the expense of making copies. See also Clever View Investments Ltd. v Oshatz, 233 F.R.D. 393; holding that the producing party need only make requested documents available for inspection and need not pay for copying costs.

Settlement Agreement and Counsel Fees in Maryland Workers Comp Cases

The formula for determining counsel fees in a Maryland workers compensation case is a trifle bit like rocket science. Depending upon whether the fee is earned through hearing or settlement different formulas apply. Relative to the formula for attorneys fees when the award is by settlement agreement see below.

Settlement Agreements.

(a) Notwithstanding a case of a structured settlement of a claim, in a case in which an agreement
of final compromise and settlement is approved, the Commission may approve an attorney's fee
in accordance with this regulation.
(b) For a settlement amount that is less than or equal to 14 times the State average weekly wage,
the attorney's fee shall be 20 percent of the amount of the settlement.
(c) For a settlement amount that is greater than 14 times the State average weekly wage but less
than or equal to 35 times the State average weekly wage, the attorney's fee shall be:
(i) 20 percent of 14 times the State average weekly wage; plus
(ii) 15 percent of the difference between the settlement amount and 14 times the State average
weekly wage.
(d) For a settlement amount that is greater than 35 times the State average weekly wage, the
attorney's fee shall be:
(i) 20 percent of 14 times the State average weekly wage; plus
(ii) 15 percent of 21 times the State average weekly wage; plus
(iii) 10 percent of the difference between the settlement amount and 35 times the State average
weekly wage.
(e) The total amount of an attorney's fee in a case in which an agreement of final compromise
and settlement is approved may not exceed 35 times the average weekly wage.
(f) Any sums placed in a Medicare set-aside may not be included as part of the settlement for
calculation of the attorney's fee.

Lost Future Wages in a Maryland Personal Injury Case

In Maryland, the law presently is that in a personal injury action, as well as in a wrongful death action, any damages awarded for loss of future earning capacity must be reduced to present value. Walston v. Sun Cab Co., 267 Md. 559, 574-75, 298 A.2d 391 (1973) (wrongful death action); Dennis v. Blanchfield, 48 Md.App. 325, 333, 428 A.2d 80 (1981), modified on other grounds sub. nom., Blanchfield v. Dennis, 292 Md. 319, 438 A.2d 1330 (1982) (personal injury action). We believe, damages awarded for loss of future earning capacity must be reduced to present value. The situation requires employing an accountant or economist to reduce a claim for future lost wages to a present value. The situation is encountered where you can expect your client can return to their prior employment but they will not be able to do so for some identifiable future period of time.