January 2010 Archives

An insurance company can refuse payments if their insured is not cooperative in the defense of a case. There are numerous cases on this subject but the basis for the proposition can be found in The Maryland Code, Insurance Article, 19-110. The cases suggest that the right to refuse payment derives from the fact that the insurance company has been prejudiced in their ability to properly defend the case. Prejudice, therefore, becomes the real issue in these cases. If, for example, the accident is a simple rear end accident where liability is virtually not in question, the suggestion of non cooperation might not apply because liability is often stipulated anyway. Moreover, if the defendant/insured really cannot offer any testimony regarding the injuries of a party at the scene of the accident, there can hardly be any prejudice under those circumstances either. Thus, the insurance company cannot just arbitrarily deny coverage of a claim because the insured failed to cooperate if the failure is inconsequential anyway. In order to invoke this defense, the insurance company must prove that the failure of cooperation has, in a significant way, precluded or hampered it from presenting a legitimate jury issue. Maryland Auto Accident Lawyer.

Large verdict in malpractice case

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A Texas jury recently awarded $ 4 million to a man who suffered significant injuries from a wrongfully performed bowel operation. The physician failed to detect a leaking bowel. As a result, the patient had to have most of his small bowel removed. If you or a loved one has been the victim of medical malpractice, please call one of our attorneys for a free consultation. Remember, a bad result does not necessarily mean there was medical malpractice. Medicine is not a perfect science. However, if there is a breach of the standard of care required for a particular procedure and damage results, one is entitled to file a medical malpractice claim. If you or a friend has suffered injury as a result of medical malpractice please call one of our attorneys for a free consultation. Maryland Medical Malpractice Lawyers

http://www.foranlaw.com/resources/maryland-auto-accident-lawyer/what-to-do-after-an-accident.htmlIn an accident involving a 2006 crash that killed two people and left a third victim with permanent brain damage, an Illinois county settled the three claims for $ 15.5 million. Apparently, a sheriff's deputy slammed into the automobile being operated by one of the injured parties. Although wrongful death claims vary from state to state, Maryland and the District of Columbia do recognize wrongful death and survival action claims. There are procedurally and substantive differences between the jurisdictions but essentially they are to compensate the estate for any burial expenses, and medical bills, any conscious pain and suffering and in Maryland any grief. Lost wage claims are perhaps more significant in the District of Columbia because Maryland limits those claims from the date of injury to the date of death. The District of Columbia allows lost wage claims for the amount reasonably expected to earn during the lifetime of the deceased. The District of Columbia does not, however, provide for grief claims. There are caps on what is called non economic damages in Maryland. There are no such caps in the District of Columbia. Non economic damages usually are referred to as pain and suffering damages

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