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Recent Blog Posts
What costs are involved in litigating a personal injury case? | Whitlock Law, LLC
After an accident, many drivers file a personal injury claim in the hopes that they will receive compensation to cover their medical expenses. Unfortunately, insurance providers frequently offer an initial settlement far below the actual value of a claim, if they don’t reject the claim entirely.
If you have experienced this firsthand, you may have already tried negotiating your settlement without success. If that’s the case, your best option is to file a personal injury lawsuit against the party or business responsible for your injuries. Before doing so, however, it’s important to understand the costs involved in litigating a personal injury case and how that might factor into your settlement.
CONTINGENCY FEES EXPLAINED
When pursuing litigation in a personal injury case, many people believe that the attorney’s fees are not worth the price of admission. However, most personal injury attorneys operate on contingency fees and only receive compensation if the case is successful.
Document a car accident with these 3 types of photos | Whitlock Law, LLC
Not long after a motor vehicle collision, the scene of the accident can become chaotic with emergency personnel and law enforcement arriving to assist. Tow trucks take damaged vehicles off of the road and crews remove debris off the roadways.
Capturing photographs of your surroundings immediately following a car accident helps you preserve all evidence for future use before the scene of the accident has been altered. Photos of specific types of evidence can prove to be especially helpful in providing an indisputable perspective of the accident once it comes time to file an insurance or personal injury claim.
1. VEHICLE DAMAGE
Take a variety of pictures to capture the severity of the damage. Capture clear, detailed pictures of your own car’s damage from the accident, as well as any other vehicles involved in the crash. Do not forget to photograph any internal damage, such as deployed airbags.
2. ACCIDENT SCENE
To support your case and the information from your statement, police reports and witness accounts, you need to take pictures of the entire accident scene. This includes videos and photos of skid marks, weather conditions, debris, traffic signs, road conditions, traffic patterns, surrounding businesses and anything else relating to the accident.
SUVs are fun to drive, but dangerous for pedestrians, bicyclists | Whitlock Law, LLC
Sport utility vehicles (SUV) are big and rugged, providing plenty of clearance and great visibility. It isn’t surprising that they are popular, but their popularity comes at a price. Multiple studies have shown these heavy vehicles are much more likely to cause fatal injuries in pedestrian crashes and collisions with bicyclists.
According to a study by the Insurance Institute for Highway Safety (IIHS), pedestrian accidents rose 13% from 2009 to 2016, but the percentage of pedestrians killed increased by more than twice that rate.
The 2018 IIHS report states that pedestrian fatalities in crashes with SUVs rose more than 80% from 2009 to 2016, while fatalities caused by cars and other types of vehicles rose by half that or less.
The National Highway Traffic Safety Administration (NHTSA) reports that more than 850 bicyclists are killed each year in the approximately 47,000 collisions between motor vehicles and bicycles.
What do people receive compensation for in a wrongful death case? | Whitlock Law, LLC
Losing a loved one is always difficult, but when families have no time to prepare for it and rely on the deceased for emotional or financial support, it creates an incredibly challenging situation. This is especially true if their loved one earned a significant amount of the family’s income.
However, families of victims who lost a loved one in a fatal accident may be able to receive compensation through a wrongful death action to relieve some of the financial difficulties they may experience.
POTENTIAL TYPES OF COMPENSATION
Bereaved families can receive compensation for their pecuniary losses. This generally consists of the victim’s remaining lifetime income they will never receive due to their untimely death. It can also include compensation for services that the victim provided for the family that they will now have to pay others to complete.
5 reasons to explore your legal options after a crash | Whitlock Law, LLC
After a crash, people often report the claim to their insurance company and wait for a check. In many cases, accident victims accept the first offer from their insurance because they think it seems adequate, and they may just want to get some money quickly and move forward.
However, before you accept an offer, there are some things to consider.
- You could deserve far more than the insurance company is offering. An insurance check may seem fair after a crash. However, the chances are high that it will not account for the total cost of your damages. It may only cover some repairs to your vehicle, but not other costly factors like missed work or ongoing therapy you need for chronic pain.
- There could be multiple parties at fault. Crashes can involve multiple vehicles or commercial trucks, and there could be several liable parties. Holding each party accountable allows you to maximize the damages you receive, especially when one of the parties is a trucking company, for instance, as they have more financial resources than individuals.
What are my options after a hit-and-run accident? | Whitlock Law, LLC
Despite huge repercussions like jail time, some irresponsible Maryland drivers may choose to drive off after causing an accident. If a negligent driver strikes a pedestrian, they may be especially inclined to drive away from the scene of the accident since their car likely did not suffer catastrophic damage.
HIT-AND-RUN ACCIDENTS ARE TOO COMMON
One such accident happened on John Hanson Highway in Prince George’s County. According to police, a driver operating a sedan struck and killed a pedestrian who was walking along the shoulder of the road.
The driver left the vehicle near the scene but fled without helping the victim or speaking to the authorities. Police have yet to make any arrests but did conduct an investigation which closed the road for several hours.
OPTIONS AFTER A HIT-AND-RUN ACCIDENT
Unfortunately, many hit-and-run accidents go unsolved. In some cases, police may locate the driver only to discover that they have neither money nor insurance to pay any compensation for their negligence. This can leave a Maryland victim, or the surviving family, wondering where to turn.
Virginia passes law banning handheld cellphone use while driving | Whitlock Law, LLC
When you are in a major car accident in Virginia caused by someone who is clearly breaking the law, you will want to take quick and decisive legal action against the negligent individual. When a person violates traffic laws, leading to a car crash, they should be held accountable in a court of law. Violating traffic laws are generally deemed negligent behavior
Earlier this summer, the commonwealth of Virginia enacted a law against handheld cellphone use while driving that will start being enforced in January 2021.
THE PROBLEM WITH HANDHELD CELLPHONE USE WHILE DRIVING
In Virginia, distracted drivers cause over 1,500 crashes annually, killing between seven to 10 people. When a person is handling a cellphone while driving, they are distracted in three major ways:
- They are visually distracted because their eyes are on their phone, not on the road.
Landlords’ liability for children’s injuries | Whitlock Law, LLC
Maryland and Virginia landlords must keep their premises safe for their tenants and guests. But they may also face liability for dangers that attract and injure children. The attractive nuisance doctrine may hold landlords legally responsible through a premises liability lawsuit for injuries suffered by children from an enticing and dangerous object on their property.
ATTRACTIVE NUISANCE DEFINED
Generally, landlords are not responsible for injuries suffered by trespassers. However, this doctrine is intended to protect children, even if they trespass, because of a dangerous and tempting object. Children would not have entered the property if it did not contain this item, according to the doctrine.
There is no specific age for children to qualify for protection. The courts will consider the child’s maturity and their ability to understand the object’s danger.
A common attractive nuisance is a swimming pool. The owner would be liable if the child drowned in the pool, especially if there was no fence or other safety equipment. Other examples include construction debris, lawnmowers, gardening equipment, trampolines, climbing walls, and refrigerators and other appliances.
Tech could dramatically reduce and even eliminate drunk driving | Whitlock Law, LLC
Far too many families in Silver Spring and the surrounding communities know the pain a drunk driving accident can create. Despite generations of warnings in public service messages by politicians, celebrities and families of victims, intoxicated drivers continue to get behind the wheel and cause motor vehicle crashes that result in severe injuries or deaths.
Drunk drivers have caused about one-third of traffic fatalities each year over the past decade. Even though law enforcement agencies across the nation arrest about a million people annually for drunk driving, the problem persists.
COULD NEW TECH END DRUNK DRIVING FOR GOOD?
Technology might be able to finally solve this painful societal problem once and for all. A new study by the Insurance Institute for Highway Safety (IIHS) says that if alcohol detection systems were required equipment in new vehicles, it would save thousands of lives each year and eventually end drunk driving.
You feel fine, so why see a doctor after a minor car crash? | Whitlock Law, LLC
You were stopped at a traffic light on your way home from work when a distracted driver rear-ended your beloved Mustang. You were more concerned about the damage to your car than to yourself. You felt fine after the accident, so why bother going to see a doctor?
THE UNSEEN EFFECTS OF CAR ACCIDENTS
The human body is not conditioned to endure the kind of violent jolt that results from a vehicle crash, even one as minor as a rear-end fender bender. The sudden impact produces adrenalin and other chemicals that may mask pain and injury symptoms in order to help the body cope temporarily.
Outside of some jittery nerves, you may feel okay physically, but symptoms of an injury can manifest several hours or even days later. Prompt medical attention is essential since you may have underlying injuries that are not immediately apparent.
TIMING IS KEY
When you suffer an injury because of another driver’s negligence, you have the right to pursue financial compensation to cover your medical expenses, lost wages and more. Keep in mind, however, that timing is critically important.