In a Maryland personal injury case the minor child's next friend, typically a parent, has the authority to settle a case on behalf of the minor child. The authority for this power is found in
Md. COURTS AND JUDICIAL PROCEEDINGS Code Ann. § 6-405 (2011)
§ 6-405. Settlement of suit by infant
a) In general. -- Any action, including one in the name of the State, brought by a next friend for the benefit of a minor may be settled by the next friend.
(b) Limitation. -- If the next friend is not a parent or person in loco parentis of the child, the settlement is not effective unless approved by the parent or other person responsible for the child.
(c) Where no parent or other person responsible. -- If both parents are dead, and there is no person responsible for the care and custody of the child, the settlement is not effective unless approved by the court in which the suit was brought. Approval may be granted only on the written application by the next friend, under oath, stating the facts of the case, and why the settlement is in the best interest of the child.
If you have questions regarding injury to a minor child or any other matter involving the need for a Maryland injury lawyer please feel free to call my office at 1-888-760-7339 we will discuss your case over the phone at no cost to you.
Monday, February 27, 2012
Tuesday, February 14, 2012
Maryland Injury Lawyer
Future Loss Income for Disabled minor child:
The scenario is a minor child's brain injury and the claim for lost future earnings as a result of that disability. Evidence produced at trial first identified the injuries sustained. Subsequently an expert offered testimony of the probability that the child's future accomplishments would be limited by his disability resulting in a high school education and as a result limited earning capability. As compared to the probable accomplishments the child would have reached based upon his mother's educational background and the income he would have realized as a college graduate had he not encountered the disabilities. The expert testifyed that deficits will limit his ability to work in jobs suitable to the education he likely will be able to attain, thus resulting in his being a disabled worker.
In such instances the expert would be called upon to offer expert testimony about average earnings and a comparison of the amount of future earnings that minor child will not enjoy due to his disabilities.
If you or someone you know has the need for a Maryland injury lawyer please feel free to call my office at 1-888-760-7339. We will discuss your case over the phone at no cost to you.
The scenario is a minor child's brain injury and the claim for lost future earnings as a result of that disability. Evidence produced at trial first identified the injuries sustained. Subsequently an expert offered testimony of the probability that the child's future accomplishments would be limited by his disability resulting in a high school education and as a result limited earning capability. As compared to the probable accomplishments the child would have reached based upon his mother's educational background and the income he would have realized as a college graduate had he not encountered the disabilities. The expert testifyed that deficits will limit his ability to work in jobs suitable to the education he likely will be able to attain, thus resulting in his being a disabled worker.
In such instances the expert would be called upon to offer expert testimony about average earnings and a comparison of the amount of future earnings that minor child will not enjoy due to his disabilities.
If you or someone you know has the need for a Maryland injury lawyer please feel free to call my office at 1-888-760-7339. We will discuss your case over the phone at no cost to you.
Thursday, January 19, 2012
Statute of Limitations Maryland Malpractice
The statute of limitations in medical malpractice cases in Maryland is five years from the time the injury was committed or three years from the date the injury was discovered, whichever is earlier.
Any medical malpractice action must be filed either within five years from the date when the injury was committed or three years from the date when the injury was discovered, whichever is earlier. Md. Code Ann., Cts. & Jud. Proc. § 5-109 (1995). Against a minor, the statute does not begin to run until a claimant has reached the age of eleven, and if the action involves a foreign object or injury to the reproductive system, the statute does not begin to run until the claimant is sixteen. Maryland's highest court has held that the five-year part of the statute is not measured from the date treatment ends and does not violate the state constitution. Hill v. Fitzgerald, 304 Md. 689, 501 A.2d 27 (1985). If you have questions regarding a medical malpractice claim in Maryland please feel free to call my office I am happy to answer your questions over the phone at no cost to you 1-888-760-7339
Any medical malpractice action must be filed either within five years from the date when the injury was committed or three years from the date when the injury was discovered, whichever is earlier. Md. Code Ann., Cts. & Jud. Proc. § 5-109 (1995). Against a minor, the statute does not begin to run until a claimant has reached the age of eleven, and if the action involves a foreign object or injury to the reproductive system, the statute does not begin to run until the claimant is sixteen. Maryland's highest court has held that the five-year part of the statute is not measured from the date treatment ends and does not violate the state constitution. Hill v. Fitzgerald, 304 Md. 689, 501 A.2d 27 (1985). If you have questions regarding a medical malpractice claim in Maryland please feel free to call my office I am happy to answer your questions over the phone at no cost to you 1-888-760-7339
Tuesday, September 13, 2011
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.
Sunday, August 28, 2011
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.
Thursday, August 11, 2011
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
Thursday, June 2, 2011
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
(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
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