Maryland Injury Law Center

September 17, 2015

Bankruptcy and Personal Injury Claims in Maryland

After a serious accident or losing someone that you rely upon economically, the financial hardships can be overwhelming. In even the best-case scenarios, justice is never immediate. I’ve seen people suffer incredible economic losses while they wait for justice, including losing their homes.

Some people file for bankruptcy. What most victims and even personal injury lawyers in Maryland do not fully understand sometimes, your personal injury claim becomes the property of the bankruptcy estate, when an injury victim files for bankruptcy protection whether the claim is listed in the bankruptcy or not. In my experience, the personal injury victim generally gets the claim back after the bankruptcy. But as the victim’s lawyer you represent the victim, then the trustee, and then back to the victim again. The complete thing is just an utter mess.

September 4, 2015

Using Your Car Mirrors Property to Avoid Accidents

by Ronald V. Miller, Jr.

I’m don’t use this blog much for safety tips. Not because they are unimportant, but because you can get that information elsewhere. However, with Labor Day weekend coming upon us, I have to drive to the Eastern Shore so I’d like to be safe. And I get to feel unbelievably superior when I write these things. So let’s talk about using car mirrors properly because it seems like few people know how to use them and fewer understand their limitations. Please read this in a condescending, know-it-all tone.

Mirrors are one of the most vital parts of an automobile. Too many drivers on Maryland roads today, view mirrors as important as getting a NFL Red Zone is to the “Kinky Boots” musical cast playing at the Hippodrome later this month. They are jerking their heads around, like a madman before every aggressive, unsafe lane change they make.

September 2, 2015

Truck Drivers and Uninsured Motorists

by Ronald V. Miller, Jr.

Big rig trucks are dangerous. They cause serious injuries and they kill people. Our law firm is currently handling 5 wrongful death truck accident cases. It is beyond awful.

I think we have established this fact on this blog. What we have not talked about specifically is the risk to truck drivers. Driving a truck was the single most hazardous occupation in the United States last year, taking 852 lives. Logging that many hours on the road with vehicles that are tough to control… I’m surprised the number is not higher.

Large Truck Does Not Equal Large Uninsured Motorist Policy

Compounding this tragedy is the lack of uninsured motorist benefits for truck drivers. Commercial trucks have liability insurance requirements. Most trucks must be insured at a minimum of $750,000. (It is a crime that this cap has not been raised in the last zillion years but that is a whole different issue.)

September 1, 2015

Facebook Discovery on Steroids

by Ronald V. Miller, Jr.

Facebook discovery is all the rage amongst defense lawyers in personal injury cases. The reason is twofold. First, it gets defense lawyers access to information that might lead to admissible evidence that could diminish a plaintiff’s claim. Rarely will it relate to liability but there is an actual possibility that out-of-context (or in context) it would lead a jury to believe their pain is less than stated.

The second reason, and I think an equally driving force, is that defense lawyers have a new tool to harass the plaintiff(s). Why? Because there is at least a subpopulation of defense lawyers who want to punish plaintiffs and their lawyers for bringing any personal injury claim. This is the type of discovery that can be done with no real effort. All you have to do is ask. That is the real beauty of this discovery from the defense lawyer’s perspective. You just cut and paste from the guy down the hall or something you find online (I’m helping them here) and then just shout “reasonably calculated to lead to admissible evidence” if the plaintiff’s attorney objects.

August 4, 2015

What a Lawsuit Against Bill Cosby for Rape Might Look Like

by Ronald V. Miller, Jr.

Bill Cosby has been in the news a bit. As you know, dozens of women have alleged that Bill Cosby drugged and sexually assaulted them. The claims date back to the 1960s, with the alleged victims ranging from random women that Cosby encountered to other celebrities. A recent lawsuit even alleged that Cosby assaulted underage women. Obviously, some very serious allegations.

A few lawsuits have been filed already, but most of them allege defamation or some other cause of action – separate from sexual assault. Why? Because most of these claims allege conduct after the statute of limitations expired. Of course, someone will try to end-run the statute of limitations. But as Americans are now seeing, statutes of limitation are cruelly unforgiving, even when anyone’s sense of justice and fair play are pitted against it.

But what would a lawsuit against Bill Cosby even look like? Specifically, what would a lawsuit against Bill Cosby look like, if filed in the state of Maryland? Sexual assault and rape are not their own torts – but they are crimes. These torts may be brought forward and filed in a civil lawsuit for these crimes.

August 3, 2015

Tom Brady Is the Enemy of Personal Injury Victims

by Ronald V. Miller, Jr.

I hate the New England Patriots. I started rooting against them the minute they started getting good in 2001. While I hate Tom Brady as a byproduct, I have to admit that — notwithstanding maybe Bridget Moynahan — he is pretty much the epitome of what we want our great athletes to be.

Adding to my hatred of the Patriots, I’ve sued — and settled — a malpractice case against the Pats in which they took a score of ridiculous positions, including the position that the claim should be arbitrated by the CBA, a claim they first made years after the case was filed. Their arrogance over the course of the case was pretty much what you would expect. The idea of settlement was completely ridiculous until the point where it wasn’t. But I long admired their winning ~~and, it goes without saying, the breadth and scope of their evil~~.

Over the years, one theme I have revisited on my blogs is the distorted perception people have in regards to our civil justice system’s administration of personal injury cases. In my mind, there are two main distorters – maybe a word I made up – that mislead people: large jury verdicts and how the civil justice system treats famous people. Prime example: Tom Brady’s Deflategate lawsuit which I really think underscores some of these distortions.

July 8, 2015

New Maryland Discovery Ruling: Bill of Discovery

by Ronald V. Miller, Jr.

The Maryland Court of Special Appeals recently decided Johnson v. Franklin, a lead paint case with an unique discovery issue.

The Underlying Case

I’m glad you kept reading, you law scholar you! Anyway, these are the facts. A lead paint case is filed in Baltimore City Circuit Court pertaining to a property where the Plaintiff used to live. The property had long since been rehabbed and sold. Therefore, Plaintiff could not just walk in the door to do the lead-paint testing that he claimed he needed for his lawsuit. As a result, Plaintiff sends a letter to the current owner, asking if he can stop by for some “non-invasive environmental testing” of the property. The owner does not respond, which prompts the plaintiff to file a complaint to perpetuate the evidence. Specifically, he seeks an “equitable bill of discovery,” which would grant him a right of access to the property. The current owner does not respond to the motion but appears at a hearing pro se. The court denies the motion because the current owner’s privacy interests outweigh the Plaintiff’s need to conduct testing.

This makes little sense to me. How burdensome is it to have your property tested? I can’t figure out why the property owner would fight it either. Plaintiff agrees and appeals to the Maryland Court of Special Appeals, alleging that the trial court abused its discretion by denying the complaint/request/petition.

June 26, 2015

Facebook Friend Requests and Attorney Ethics

by Ronald V. Miller, Jr.

Social media is great. It’s an excellent way to maintain contact with old friends. It’s an excellent place to get news before any TV station gets it. You can even follow Miller & Zois on Facebook. We are pretty cute, right?

But it is a scary new world. How many times have you heard about someone gets fired or disciplined because of an ill-advised post or comment? How many politicians have resigned because they thought it was a good idea to send a “private” message to an intern? How many people have been arrested from a tip found on social media?

Facebook and other forms of social media can also spell trouble for lawyers, too. In New Jersey, two attorneys were recently sanctioned for sending a Facebook friend request to another party.

June 23, 2015

New Underinsured Motorist Cases From the Maryland Court of Appeals

by Ronald V. Miller, Jr.

Two companion uninsured/underinsured motorist cases out of Cecil County were decided by the Maryland Court of Appeals last month. The take home message for Maryland lawyers handling uninsured motorist cases: if you don’t follow the rules by settling with the underlying carrier, the court will not let you off the mat. It is the ultimate in form over substance. I disagree with the law, but I can’t quibble with the court’s 6-1 decision. Really? Insurance companies should not be trying to eviscerate insurance agreements with their own clients, because their lawyers screwed up.

Both cases, Woznicki v. General Insurance Company and Morse v. Erie Insurance Exchange involved the typical scenario; in which the tortfeasor’s liability insurance tenders the policy and the plaintiff’s attorney accepts, while intending to make an uninsured motorist claim. This is a special set of facts. Here, the insured’s UM policy explicitly stated that they had to bless any settlement with the tortfeasor’s liability insurance carrier — or pony up the policy themselves — to activate the UM coverage after a release was signed.

May 14, 2015

Expert Designations in Maryland

by Ronald V. Miller, Jr.

One of the benefits for plaintiffs’ attorneys is that we are far better able to dictate the pace of the litigation. Some squander this opportunity by failing to fully load the gun before firing it. When we serve the defendant with the Complaint, we will, on our first round of discovery, name our experts from the beginning.

Name Your Experts From the Beginning

Our lawyers have always served a full course of discovery with our Complaint. What we have been doing for the last 15 years is filing our expert designations along with our Complaint. It is one more hoop a lawyer has to jump through when filing a Complaint, but it takes away another deadline you will need to meet down the road. I just did a quick Lexis search, typing in different searches to pull up missed expert deadline cases. In just a few minutes, I found hundreds of cases.