I dislike trying personal injury cases with high-low agreements that contain the size of the verdict. If you will force us to take the case to trial, I would prefer the chance of the upside. My gut-level reaction is no deal. But the problem with this bravado is clients. Our…
Articles Posted in Litigation Strategies
Sample Demand Letter | Car Accident
Here is an example of a demand package to settle a car accident case. You can get my thought on how to write a demand letter here and here (which also has samples in other types of personal injury and wrongful death claims. As you know, this office represents March Jackson in…
Maryland Balance Billing Law
Click to enlarge Dealing with healthcare providers who seek to “balance bill” in personal injury cases is becoming an increasingly frequent occurrence in our practice. Balance billing is when the medical provider seeks payment for the entire bill, when the patient’s health insurance or HMO does not cover that portion…
When Your Personal Injury Client Files for Bankruptcy
Most personal injury lawyers have had more than a few encounters with consumer bankruptcy proceedings. Personal injury clients frequently file personal bankruptcies. It is therefore important to know how personal injury claims, settlements, or awards are treated in bankruptcy. The question everyone wants to know is will the client get…
How Sure Does an Expert Need to Be in a Maryland Personal Injury Cases?
In any serious personal injury case in Maryland, you need an expert to testify. Are there some cases where the injury is so obvious that a medical expert is not required? There may be. But anyone willing to take that chance should not be trying tort cases in Maryland. Why…
Fighting and Winning Against Pit Bull Defense Lawyers
There are lots of insurance defense lawyers in Maryland that you just cannot figure out why someone would hire them to defend a personal injury case. They unnecessarily complicate cases, bill hours on things that are completely unrelated to anything that would benefit the defense and, often, juries cannot stand…
Should I Take the Insurance Company’s First Offer?
Should you accept the insurance company’s first offer even if you want to settle your personal injury claim? The answer is clearly no. So why do so many lawyers and victims do it? Fear Factor The primary reason attorneys and victims do just that is this fear that…
Recipe for a Bad Verdict | A Recent Anne Arundel County Accident Case
The average verdict in a Maryland auto tort case is around $12,000. How can this be? I’ll tell you how it be: attorneys filing cases in Circuit Court that just should not be going in front of a jury. These are my thoughts after reading about a recent jury verdict…
Does My Workers’ Compensation Claim Kill My Tort Claim?
Do you have both a comp claim and PI case? Many of our personal injury clients bring both a regular civil claim and a workers’ compensation claim. Yet we get calls every week from someone who has an otherwise valid tort claim that may not bring that claim because of…
Medical Assistance Liens in Maryland Personal Injury Cases: New Rule
We have rejected several tort cases because Medical Assistance made payments for the victim’s outstanding bills. Why? Because the state refused to significantly reduce (or at all) its lien to account for attorneys’ fees. Sure, DHMH could reduce or waive their lien if it will cause “substantial hardship.” But “substantial…