Pre-trial Statement Maryland Personal Injury Lawyer

In every personal injury case in Maryland that has been filed in the Circuit Court or subsequently transferred to the Circuit Court on a defendant's request for jury trial there will be a requirement that both parties file a pretrial statement. The content for a pretrial statement has already been predetermined by the Maryland rules. I have outlined below the rules affecting the filing of a pretrial statement.
Rule 2-504.2. Pretrial conference.

(a) Generally.- The court, on motion or on its own initiative, may direct all parties to appear before it for a conference before trial. If the court directs, each party shall file not later than five days before the conference a written statement addressing the matters listed in section (b) of this Rule.

(b) Matters to be considered.- The following matters may be considered at a pretrial conference:


(1) A brief statement by each plaintiff of the facts to be relied on in support of a claim;


(2) A brief statement by each defendant of the facts to be relied on as a defense to a claim;


(3) Similar statements as to any counterclaims, cross-claim, or third-party claim;


(4) Any amendments required of the pleadings;


(5) Simplification or limitation of issues;


(6) Stipulations of fact or, if unable to agree, a statement of matters of which any party requests an admission;


(7) The details of the damage claimed or any other relief sought as of the date of the pretrial conference;

(8) A listing of the documents and records to be offered in evidence by each party at the trial, other than those expected to be used solely for impeachment, indicating which documents the parties agree may be offered in evidence without the usual authentication and separately identifying those that the party may offer only if the need arises;

(9) A listing by each party of the name, address, and telephone number of each non-expert whom the party expects to call as a witness at trial (other than those expected to be used solely for impeachment) separately identifying those whom the party may call only if the need arises;


(10) A listing by each party of those witnesses whose testimony is expected to be presented by means of a deposition (other than those expected to be used solely for impeachment) and a transcript of the pertinent portions of any deposition testimony that was not taken stenographically;

(11) A listing by each party of the names and specialties of experts the party proposes to call as witnesses;

(12) Any other matter that the party wishes to raise at the conference.


If you have questions regarding the filing of a pretrial statement please feel free to call me 1-888-760-7339

Filing For Worsening Disability Maryland Workers Compensation

The Maryland workers compensation commission has the power to modify any prior award provided certain conditions are met. One such condition is that the injured worker prove a worsening disability in fact with in 5 years from the date the last compensation is paid. Additionally the injured worker must file a petition alleging the worsening disability. The court of appeals had an opportunity to address the issues in Dove 943 A2d 662. Ultimately the court decided the claimant satisfies the requirements of Maryland law by filing the motion for reconsideration alleging worsening disability, which he can prove in fact. provided the reconsideration is filed with in 5 years from the last compensation payment.

Defendant in Default Maryland Failure to Answer

In a case involving personal injury lawsuits in Maryland a defendant once served has a responsibility to file an answer. There are circumstances where the defendant fails to file an answer. In that case the plaintiff would ask the court to enter a default judgment against the defendant for failure to file an answer. The question however still remains to what extent the defendant can participate in a hearing to establish damages. The Maryland Court of Special Appeals addressed this issue in Fisher v McCrary Crescent City, LLC 972 A 2d 954 and(2009). Ultimately the court determined that a defendant in default still has the right to participate in the hearing affecting damages. Specifically the defendant in default, for failure to file a responsive pleading, can present evidence to mitigate damages; cross-examine witnesses regarding damages; present evidence on damages; object to evidence and make arguments. It is my position that discovery must be executed to a defendant in default to identify his evidence on mitigation, causation issues, damages and what if any evidence he finds objectionable.

Average Weekly Wage in Maryland Waiver of Amount Disputed

You will find information on the Maryland workers compensation average weekly wage in the COMAR regulations. It is interesting to note that the employer has a responsibility to provide documentation to the employee or his/her attorney if they are disputing the workers compensation commission's determination of the average weekly wage. The employer will have 60 days from the date of the initial order to provide an accounting of the average weekly wage. If the employer fails to act within that 60 day period of time they will have waived their dispute. Below is the COMAR section on point.

.07 Average Weekly Wage.

A. Preliminary Determination. For the purpose of making an initial award of compensation before a hearing in the matter, the Commission shall determine the claimant's average weekly wage from gross wages, including overtime, based on the information filed with the Commission. That information shall include:

(1) The average wage earned by the claimant during the 14 weeks before the accident, excluding the time between the end of the last pay period and the date of injury, provided that periods of involuntary layoff or involuntary authorized absences are not included in the 14 weeks;

(2) Those weeks the claimant actually worked during the 14 weeks before the accident;

(3) Vacation wages paid; and

(4) Those items set forth in Labor and Employment Article, §9-602(a)(2), Annotated Code of Maryland.

B. Subsequent Determination.

(1) Amount Disputed. If the employer, employer's insurer, or the Uninsured Employers' Fund asserts that the average weekly wage determined by the Commission under §A of this regulation exceeds the actual average weekly wage of the claimant, that party, before paying benefits at the lower rate, shall file with the Commission, with a copy to the claimant, or the claimant's attorney if the claimant is represented, a statement containing the basis of the assertion that the actual average weekly wage is less than the amount determined by the Commission. The statement shall be filed within 60 days after the date of the initial award.

(2) Waiver. The failure to file the statement in compliance with §B(1) of this regulation constitutes a waiver of the right to dispute the average wage as originally determined.

Attorney Fee Schedule Under Maryland Workers Compensation Law

.25 Schedule of Attorneys' Fees.
A. The Commission shall approve attorneys' fees in accordance with the schedule of fees established from time to time by the Commission and set forth in §B.
B. Schedule of Fees.
(1) Final Award—Definition. For the purpose of this section, "final award" means the award of compensation determined by the Commission after exhaustion of all applicable appeals, regardless of whether the award is increased or decreased as a result of any appeal.
(2) Fee in Excess of Limits. The Commission may approve an attorney's fee in excess of the limits set forth in this section only if exceptional circumstances are shown.
(3) Permanent Partial Disability.
(a) General. Except as otherwise provided in §B(3)(b), in a case in which a final award of compensation is made for permanent partial disability, the Commission may approve an attorney's fee in a total amount not exceeding 20 times the State average weekly wage and computed as follows:
(i) Up to 20 percent of the amount due for the first 75 weeks of an award of compensation awarded;
(ii) Up to 15 percent of the amount due for the next 120 weeks of an award of compensation; and
(iii) Up to 10 percent of the amount due for an award of compensation in excess of 195 weeks.
(b) Disability Due to Amputation or Loss of Vision. In a case in which a final award of compensation is made for permanent partial disability due to the amputation of an arm, leg, hand, or foot, or total loss of vision in one eye, and the sole issue before the Commission is the nature and extent of disability, the Commission may approve an attorney's fee in an amount up to 5 percent of the compensation awarded, but not exceeding 6 times the State average weekly wage.
(4) Permanent Total Disability.
(a) General. Except as otherwise provided in §B(4)(b), in a case in which a final award of compensation is made for permanent total disability, the Commission may approve an attorney's fee in an amount not exceeding 20 times the State average weekly wage.
(b) Special Cases. The Commission may approve an attorney's fee in an amount not exceeding 13 times the State average weekly wage in a case in which compensability is not an issue and an award of compensation is made for permanent total disability established either pursuant to:
(i) Labor and Employment Article, §9-636(b), Annotated Code of Maryland, for the loss of two or more scheduled members; or
(ii) The stipulation on the extent of disability.
(5) Temporary Total and Temporary Partial Disability. The Commission may not approve an attorney's fee in a case in which final award of compensation is made for temporary total or temporary partial disability or temporary total disability paid while a claimant is receiving vocational rehabilitation services unless the claimant's right to the compensation is contested and the issue is resolved by evidentiary hearing or by stipulation. In such a contested case, the fee may be in an amount not exceeding 10 percent of the compensation that has accrued as of the date of the award.
(6) Dependency Claims.
(a) In a case involving a claim of dependency, if compensability is not contested, but the extent of dependency, partial or total, or the identity of a dependent, or both is contested, the Commission may approve a total attorney's fee for attorneys representing all dependents in an amount not exceeding five times the State average weekly wage in a case of partial dependency and not exceeding 12 times the State average weekly wage in a case of total dependency.
(b) In a case involving a claim of dependency, if neither compensability nor dependency is contested and a record is being made solely to determine to whom payments of compensation shall be made, the Commission may approve an attorney's fee in an amount not exceeding two times the State average weekly wage.
(c) In a case involving a claim of dependency, if compensability and dependency are contested, the Commission may approve an attorney's fee in an amount calculated under §B(3)(a) in a case of partial dependency and calculated under §B(4)(a) in a case of total dependency.
(7) Settlement Agreements. Notwithstanding a case of a structured settlement of a claim, in a case in which an agreement for final compromise and settlement is approved, the Commission may approve an attorney's fee in a total amount not exceeding $7,500 and computed as follows:
(a) Up to 20 percent of the first $10,000 of compensation awarded;
(b) Up to 15 percent of the next $15,000 of compensation awarded;
(c) Up to 10 percent of the compensation awarded in excess of $25,000.
(8) Increase in Last Award of Compensation for Permanent Partial Disability.
(a) Except as otherwise provided in §B(8)(b) of this regulation, in a case in which the Commission increases the last award of compensation for permanent partial disability upon which an attorney's fee was previously approved, the Commission may approve an additional attorney's fee in an amount not exceeding the difference between the fee approved for all prior awards and the fee computed under §B(3) or (4)(a), as the case may be, of this regulation on the increased award.
(b) In a case in which the Commission increases the last award of compensation for permanent partial disability upon which the attorney or attorneys were previously awarded the maximum fee permitted under §B(3) of this regulation, the Commission may approve an additional attorney's fee in an amount up to 5 percent of the difference between the prior awards of compensation and the increased award of compensation, but not exceeding five times the State average weekly wage.
(9) Appeals.
(a) When a compensation award of the Commission is appealed to a circuit court and the case is tried on appeal, the Commission may approve an additional attorney's fee in an amount up to 5 percent of the final award of compensation, but not exceeding six times the State average weekly wage.
(b) When a decision of a circuit court on an appeal from a compensation award of the Commission is appealed to a higher appellate court and the appeal is briefed and decided on its merits, the Commission may approve an additional attorney's fee for each appeal in an amount up to 5 percent of the final award, but not exceeding six times the State average weekly wage.
(c) When an appeal from a compensation award of the Commission to a circuit court is not tried, or an appeal to a higher appellate court is not briefed and decided on its merits, the Commission may approve an additional attorney's fee in an amount up to 2.5 percent of the final award, but not exceeding three times the State average weekly wage.
(d) When a final award has not been made and a decision of the Commission on the issue of compensability of a claim is appealed to a circuit court, if the claim is determined on appeal to be compensable, the Commission, upon remand of the case to the Commission for the passage of a final award, may approve an additional attorney's fee in an amount up to 5 percent of the final award, but not exceeding six times the State average weekly wage.
(10) Attorney's Fee Not Allowed.
(a) Absent exceptional circumstances, the Commission may not approve an attorney's fee in a case in which it is determined that the claimant is not entitled to any compensation or benefits.
(b) Absent exceptional circumstances, the Commission may not approve an attorney's fee in a case involving issues such as medical care and treatment, or vocational rehabilitation, in which the claimant does not receive any monetary award.

Slip and Fall Maryland Personal Injury Lawyer

It is that time of the year again. When snow and ice are the reason for a person to slip and fall and be injured there is a potential for liability to the owner of the property. Where a injured party can show that a dangerous condition has been created by the owner such as when an owner has permitted water or ice to accumulate in a manner not apparent to the injured person and the injured person is forced to encounter the condition the owner may be liable. Additionally even if the owner of the property undertakes the effort to remove, but fails to correct or creates an artificial condition, the owner may be liable. In order for a property owner to be liable, the property owner must have had actual or constructive notice of the unsafe condition in sufficient time prior to the injury to have it corrected or to have warned the party that was injured. There are countless examples where persons have fallen on ice in parking lots of shopping centers where the owner has been held liable. Maryland courts have stated when the public is led to believe that the premises have been offered for this entry, the law is clear that the occupation assumes the duty of reasonable care. The court has further found that a land owner may be liable when it allows the snow removal service to pile snow at one end of a parking lot while the parking lot drains at the opposite end. In such an example the court has found that the owner knew that the water from the melted snow would flow across the parking lot to the drain and on cool evenings the water would freeze. This is a perfect example of when an owner has created the dangerous condition. If you a family member or friend has been injured in a slip and fall accident please feel free to call my office 1-888-760-7339.

Estatblishing permanent Injury in a Maryland Personal Injury Case

Before you can establish that the effects of an injury are permanent you first need to establish that the injury was caused by this accident at issue. Typically this is accomplished by the timing of the onset of the complaints of pain and for some people diagnostic test confirming injury. Once you have established this causal connection you will may need expert testimony to establish that the effect of the injury is not likely to change. The only exception to this requirement for expert testimony to establish permanency is when the injury is of such a nature that common knowledge is sufficient to justify its probable permanent nature. For example in Cluster v Upton, 165 Md. 566 (1933), the issue of permanent injury was submitted to the jury without expert testimony where the plaintiff's finger, fractured in the accident, was still crooked 11 months after the accident.