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Recent Blog Posts

Medical malpractice and filing a wrongful death action | Whitlock Law, LLC

 Posted on January 30, 2020 in Truck Accidents

When a loved one requires routine surgery or suddenly needs emergent care, much trust goes into the skills and knowledge of the medical providers treating his or her family member. Thus, when a family member is lost during such a procedure, it can come as a huge shock. While an individual processes the emotions with this loss, he or she may question how this could occur and if a medical error is to blame.

WRONGFUL DEATH CLAIM FOR MEDICAL MALPRACTICE

If a medical professional caused the death of a loved one, this means that the care provided by this medical professional fell below the accepted standard of professional care. This could look like a diagnostic error, surgical error or medication error.

The losses caused by such an event can be extensive, and family member could recover a wide range of damages in a wrongful death action. This can include pain and suffering prior to death, medical bills, loss of consortium by the decedent’s spouse and family, loss of past and future wages, loss of earning capacity and, if the event was caused by egregious or outrageous conduct, punitive damages could also be recoverable.

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Increase in fatal drunk driving crashes in D.C. area | Whitlock Law, LLC

 Posted on January 30, 2020 in Truck Accidents

It may have been a long week. Or maybe there is something to celebrate. Perhaps, you just want to go out for a drink to simply unwind. No matter the reason for consuming alcohol at a public establishment, the reality is that many have to drive to and from these locations. This creates a heightened risk not only for the motorist but for those traveling on the roadway as well.

D.C. AREA SEES INCREASE IN FATAL DRUNK DRIVING CRASHES

Based on current data for the D.C. area, 2017 saw an increase in fatalities from alcohol-involved crashes. This rate rose nearly 46 percent from the previous year. In 2017, 86 individuals died in a drunk driving crash while 2016 saw 59 fatalities. It was also noted that from 2015 to 2016, there was a decrease in fatal alcohol related crashes, decreasing by around 24 percent, which makes this sudden increase a concern.

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6 steps to take after a bike accident | Whitlock Law, LLC

 Posted on January 02, 2020 in Truck Accidents

As a cyclist, you do your best to safely navigate the busy streets in the suburbs around the Washington, D.C., area. You always wear a helmet, signal your turn and stay cautious during your ride. Unfortunately, when you share the road with heavier cars and trucks, you may still find yourself involved in an accident.

Being in an accident while biking can be a jarring experience. You may suffer severe injuries that require medical treatment and a long recovery. Collecting the proper information after the accident can help you with your insurance claim. Here are a few tips for what to do:

  • Call 911 – If you have severe injuries, you need to have emergency responders treat you right away. You will also need to speak with a police officer to make a report. Try to stay calm and report the accident exactly as you remember it.
  • Get insurance information – Don’t try to negotiate any terms with the driver. Just get his or her insurance information and license plate number. Write down the numbers on a piece of paper or take pictures with your phone.

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Wrongful death lawsuits: the differences between states | Whitlock Law, LLC

 Posted on January 02, 2020 in Truck Accidents

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.

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Distracted driving can cause fatal motorcycle accidents | Whitlock Law, LLC

 Posted on November 05, 2019 in Truck Accidents

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.

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Motor vehicle accidents can happen in an instant | Whitlock Law, LLC

 Posted on October 21, 2019 in Truck Accidents

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.

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Alcohol can contribute to cause of motorcycle accidents | Whitlock Law, LLC

 Posted on October 11, 2019 in Truck Accidents

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.

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Can you prove negligence on the part of the driver who hurt you? | Whitlock Law, LLC

 Posted on October 09, 2019 in Truck Accidents

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.

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Medical misdiagnoses can result in personal injury suits | Whitlock Law, LLC

 Posted on October 02, 2019 in Truck Accidents

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%.

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Damages survivors of a victim of wrongful death can collect | Whitlock Law, LLC

 Posted on October 02, 2019 in Truck Accidents

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.

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