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Recent Blog Posts
Wrongful death lawsuits: the differences between states | Whitlock Law, LLC
When you lose a loved one due to someone else’s negligence, you may choose to file a wrongful death lawsuit. Wrongful death suits can let you seek damages from whoever caused the death. But where you sue can determine how you do it.
If you live in the Virginia or Maryland suburbs of Washington, D.C., area, you may work and live in different states. And an accident that causes a wrongful death can happen in either state as well. But the rules of filing a lawsuit vary between Virginia and Maryland.
WHO CAN FILE THE LAWSUIT?
One of the main differences between the two states is who can file a wrongful death lawsuit. In Virginia, only a personal representative can bring a suit to court. These people, called executors or administrators, are responsible for the deceased person’s estate. They can file a wrongful death lawsuit in their name.
MARYLAND HAS MORE OPTIONS FOR WHO CAN FILE
In Maryland, family members can file a claim without the executor. Spouses, parents of minor children and minor children can bring their own lawsuits to a court. However, an executor can also file on behalf of the estate.
Distracted driving can cause fatal motorcycle accidents | Whitlock Law, LLC
Fall is a beautiful time to take a motorcycle ride to enjoy the fall foliage in Maryland and get in one more ride before the snow falls and the bikes are put away for the season. Two people enjoying such a ride were involved in what turned out to be a horrific crash. The crash involved a dump truck, a car and two motorcycles. As is so often the case with motorcycle accidents, this one proved to be fatal.
The accident happened at an intersection as the car was stopped and waiting to make a left-hand turn when a dump truck came up from behind and apparently rear-ended the stopped vehicle. The impact from the collision appears to have caused both the truck and the car to cross into the oncoming lane. Two motorcycles were coming from the opposite direction in that lane, and according to preliminary police reports, both of the vehicles collided with the oncoming motorcycles.
Motor vehicle accidents can happen in an instant | Whitlock Law, LLC
Maryland roadways seem to always be congested with heavy traffic, no matter what the time of day. Therefore, the need to remain alert is critically important as unexpected traffic incidents can occur at any time. If a person is distracted, serious motor vehicle accidents can result.
Very early on a recent Monday morning, a car that was possibly disabled was stopped in the left lane of the northbound Baltimore-Washington Parkway. The car was reportedly rear-ended by an approaching vehicle. The force of the impact caused the car that had been stopped to flip.
First responders responded to reports of a crash with serious and possibly fatal injuries. Arriving on the scene, they found that the car had been struck from behind by an SUV, and both occupants of the car were trapped in the flipped vehicle and had to be freed by firefighters. The driver of the car, a 19-year-old woman, was pronounced dead at the scene, and her passenger was transported to an area hospital with possibly life-threatening injuries. The driver of the SUV was also transported with reportedly serious injuries. It is not known if speed played a factor in the accident, and the cause remains under investigation.
Alcohol can contribute to cause of motorcycle accidents | Whitlock Law, LLC
Deaths caused by motor vehicle accidents are tragic. Motorcycle accidents caused by drunk drivers are seen as among the most tragic as they are considered to be avoidable. A recent motorcycle accident in Maryland that took the life of the cyclist is believed to have been caused by a drunk driver. The young woman facing charges in the crash is believed to have been under the influence of alcohol.
A 21-year-old woman was driving a GMC truck about 8:30 p.m. on a recent Friday. She pulled her truck out of a parking lot into traffic and directly in front of a north-bound motorcycle. The motorcyclist suffered catastrophic injuries and was pronounced dead at the scene.
An investigation of the accident determined that it was caused by the truck driver’s failure to yield to the oncoming motorcycle. Police also reported that the woman appeared to be driving under the influence. She faces multiple charges, including drunk driving and vehicular homicide. She is being held in a local jail without bond.
Can you prove negligence on the part of the driver who hurt you? | Whitlock Law, LLC
It’s easy to underestimate the potential costs associated with a terrible motor vehicle collision until you experience one firsthand. For those who wind up hurt in car crashes, civil lawsuits often become necessary to recoup their losses. Insurance policies may not offer adequate coverage to offset all of the medical costs and property damage you incur, to say nothing of your lost wages while you recover from your injuries.
However, to bring a personal injury claim against another person, you must first establish some degree of negligence on the part of that individual or prove that you were hurt because of their wrongful acts. Wrongful acts involve the deliberate breaking of the law, while negligence may involve unintentional lawbreaking or bad decision-making.
Negligence can be a confusing concept for many people, so familiarizing yourself with how the law and insurance companies view negligence can help you make more informed decisions about your personal injury claim.
Medical misdiagnoses can result in personal injury suits | Whitlock Law, LLC
People in Maryland and elsewhere occasionally get ill. If the symptoms are other than those of the common cold and persist for a time, a visit to a doctor is probably warranted. People rely on a doctor’s expertise to be able to properly diagnose the problem; however, a study by John’s Hopkins in Baltimore reveals that misdiagnoses are not uncommon and occur on a daily basis. Failure to diagnose a serious ailment can result in a personal injury case.
The likelihood of making a misdiagnosis varied by specialty. The lowest number was among pediatricians as they reported an 11% rate of daily misdiagnoses. The highest number was among emergency medicine doctors at 26%, and they are the doctors treating acute cases that present in the emergency room. In addition to looking at doctors, the study also looked into misdiagnoses among the non-physician medical staff. This included nurses and physician’s assistants who estimated that diagnostic errors were made at the rate of about 17%.
Damages survivors of a victim of wrongful death can collect | Whitlock Law, LLC
For example, you may be able to file a wrongful death claim if your loved one was killed in a motor vehicle accident. By doing so, you can attempt to collect many types of damages, such as:
- Lost wages: Since the person is no longer able to provide for their family, you may be able to seek damages for lost wages. But even if the person didn’t have a job at the time of their death, compensation may still be available. A common example of this is a wrongful death claim of a stay-at-home parent who contributed by raising their family. These contributions are defined as pecuniary losses in a wrongful death lawsuit.
- Pain and suffering: You can seek damages for the pain and suffering your loved one endured before passing on. This is particularly important to consider in the event of a serious accident, such as one that resulted in severe burns or a traumatic brain injury.
Who is liable for damages in an Uber collision? | Whitlock Law, LLC
There is no question that Uber and Lyft ride-share arrangements have made it much easier for people to get where they need to go in the D.C. metro area. But these companies have also muddied the waters of liability when passengers and others get injured while using ride-share vehicles.
Uber policy states that when its drivers (who are classified as independent contractors for employment purposes) are on the clock, the company’s insurance is activated for all covered accidents.
What that means for riders and drivers
The third-party liability coverage is $1,000,000. That means that there is coverage for both property damage and bodily injury to third parties, which includes ride-share clients and others impacted by the accident.
They also offer coverage for riders when another under- or uninsured driver’s negligence causes damages. In certain circumstances, this coverage can apply for hit-and-runs.
Personal injury may result from vaping | Whitlock Law, LLC
In recent months, a significant health concern has arisen regarding the health of today’s youth in Maryland and around the nation. It involves the rapidly growing number of illnesses that appear to be stemming from vaping that could potentially result in personal injury cases. Vaping involves inhaling nicotine through a device known as a vape or an e-cigarette. The liquids are frequently flavored, which people believe may be in an effort to attract young users. Candy and fruit flavors are among the ones available.
Over the summer, many people showed up in hospital emergency rooms, exhibiting symptoms of severe lung illness. Some were treated in the ICU and required help to breathe. The common denominator appears to be that they had reported vaping within the last 30 days. While most who fell ill have been successfully treated, at least five people have died.
Most of those who have fallen ill have been high school or middle school students. A survey conducted in 2018 found that 21% of high school seniors claimed they had vaped in the past 30 days. Of the teens who were sickened, 84% claimed to have vaped a product containing THC, the ingredient in Marijuana that induces the feeling of being high. The brand of device that most teens were using was manufactured by Juul Labs, who designed a sleek and compact product that now dominates the market.
Motorcycle accidents claim too many lives | Whitlock Law, LLC
Another summer is almost over. Sadly, motor vehicle fatalities seem to increase during the summer months in Maryland as people head to vacations, family outings and other summer activities that create an increase in traffic, which increases the likelihood of being involved in an accident. Defensive driving is one means to reduce the risk but it is all too often neglected. Such may have been the case in a recent fatal accident collision between a car and a motorcycle. Motorcycle accidents can be particularly deadly and motorcycles can be hard to spot, making it necessary to be extra vigilant.
A young man was riding his motorcycle early one morning near Millersville. He was proceeding south and a car was approaching from the north. The car turned left into a gas station and collided with the southbound motorcycle.
The driver of the motorcycle was pronounced dead at the scene. The driver of the car was not injured and it is not believed that speed or alcohol contributed to the cause of the crash. However, the driver of the car may face charges of failing to yield to the oncoming bike. It is possible that the driver of the car was distracted at the time of the crash, which may have contributed to it. The driver of the car was said to be a juvenile.