On its web site, the Maryland Motor Vehicle Administration (MVA) provides a very brief summary of what to do if you, as a driver, are involved in an automobile accident. While the three tips given on the MVA website have some merit, there is much more that can and should be done after an automobile accident involving physical injury. Previously, we have discussed on the JGL Blog whether you should move your vehicle from the scene of an accident and whether you should talk with the other driver’s insurance company after an accident. Here are some additional tips that will help you present the strongest possible auto accident injury claim:
Joseph Greenwald & Laake Blog
David Bulitt, a principal in Joseph Greenwald & Laake’s family law practice and our Assistant Managing Director, has just written his second novel that will be published on January 27, 2017. The novel draws extensively both from David’s experience as a father of an adopted child with mental health and addiction issues as well as on David’s 30 years’ experience representing clients in family law.
On September 22, 2016, the D.C. Court of Appeals issued a decision in favor of our clients in their battle over membership and control of Jericho Baptist Church Ministries, Inc., a large, nationally-known church located in Landover, Maryland. The court affirmed a lower court decision that a purported board of trustees that seized control of Jericho in 2010 and terminated our clients’ membership rights was not the valid board of Jericho. The effect of the court’s decision affirmed the return of control over Jericho to the original Board of Trustees, which includes Rev. Joel Peebles, the senior pastor whose parents founded the church more than 50 years ago. This decision marks a key victory for Rev. Peebles and is also a significant ruling in First Amendment law concerning the establishment of religion.
Maryland and the District of Columbia, along with Virginia, North Carolina, and Alabama, continue to adhere to the minority rule of tort causation known as “contributory negligence.” “Contributory negligence, if proved, is a complete defense that bars a plaintiff’s recovery in a negligence action.” Warsham v. Muscatello, Inc., 985 A.2d 156, 167 n. 10 (Md. App. 2009). Contributory negligence has been defined traditionally as the failure on the part of the plaintiff to observe ordinary care for [his or her] own safety. Kasten Construction Co. v. Evans, 273 A.2d 90, 92 (Md. 1971); Menish v. Polinger Co., 356 A.2d 233, 236 (Md. 1976). At its heart, contributory negligence is “the doing of something that a person of ordinary prudence would not do, or the failure to do something that a person of ordinary prudence would do under the circumstances.” Potts v. Armour & Co., 39 A.2d 552, 556 (Md. 1944). “Contributory negligence, if present, defeats recovery because it is a proximate cause of the accident; otherwise, the negligence is not contributory.” Batten v. Michel, 292 A.2d 707, 711-12 (Md. App. 1972). In other words, if the plaintiff contributes even slightly (even by so little as 1%) to the happening of his or her injury, he or she is absolutely barred from recovery.
“The burden of proving contributory negligence is on the defendant.” Reiser v. Abramson, 286 A.2d 91, 93 (Md. 1972). It is important to stress that “[i]t is not every action on the part of a litigant which an opponent by way of ‘second guessing’ or hindsight may successfully label as contributory negligence.” Rogers v. Frush, 262 A.2d 549, 552 (1970). “[I]n measuring contributory negligence, the standard of care to be used as the criterion is that of an ordinarily prudent person under the same or similar circumstances, not that of a very cautious person.” Menish, 356 A.2d at 236.
A complaint that our firm has just filed in the U.S. District Court for the District of Maryland tells a powerful and appalling story of the abuse of an American citizen, convicted of no crime, at the hands of employees of PTS of America, Inc., a Nashville-based private company that is in the business of transporting prisoners and detainees.
Significant economic indicators continue to support the proposition that new business startup activity is on the rise. On August 4, 2016, the Kauffman Foundation released the 2016 Kauffman Index of Startup Activity, its highly respected annual report which focuses on new business creation.
According to the Index, entrepreneurship in the United States rose for the second year in a row in 2015. This a mere two years after the index plunged to its lowest level in two decades.
The foundation noted, in a development of particular significance, that more new businesses are being started out of desire as opposed to need.
I am Andrew E. Greenwald, partner at Joseph Greenwald & Laake, and am a former chair of the American Association for Justice Birth Trauma Litigation Group. I have given over 100 lectures to trial lawyers and other groups and have recovered $1 million or more in over 50 cases for victims of medical negligence. I am dedicated to serving victims of medical negligence, and much of my practice is devoted to just that.
People who suffer injuries or death from improper medical treatment can, in many instances, file a lawsuit against a physician, hospital or other provider for medical negligence. Here are some of the basics about medical negligence.
Autonomous Vehicles Are Here…What Does this Mean for Purposes of Automobile Insurance Coverage and Liability for Accidents?
The era of autonomous (aka “driverless”) vehicles has arrived and with it will come unprecedented changes in tort and insurance law.
Jay P. Holland, a principal in the Firm’s Civil Litigation Group and chair of the firm’s Labor, Employment, and Qui Tam Whistleblower practice, was quoted on July 25, 2016, in an article in Law360 concerning the National Basketball Association’s decision to relocate its 2017 All-Star game out of Charlotte, N.C. The NBA took that action in opposition to the state’s new law that restricts transgender people from using the bathroom of their choice.
In most contested matters, mediation should be considered as an option in resolving even the most complicated divorces. Mediation is generally less emotionally wrenching for the people involved than a trial, can be substantially less expensive, and helps to keep family secrets out of the public eye when it may be important to do so. When a divorce case reaches the courtroom, the future of the entire family, not just the parents, is at stake. Mediation allows people to resolve issues amongst themselves, not leave those decisions to a stranger - decisions that are likely to affect the lives of the entire family for much if not all of their lives. Whether the issues be financial or parental, there can be serious risks involved in letting a judge decide the ownership of high-valued family assets or parents’ child custody and visitation rights.
This blog is for general informational purposes only. Joseph, Greenwald & Laake, PA is a law firm and some of the information on the blog relates to legal topics. Joseph, Greenwald & Laake, PA does not offer or dispense legal advice through this blog or by e-mails directed to or from this site. By using the blog, the reader agrees that the information on this blog does not constitute legal or other professional advice and no attorney-client or other relationship is created between the reader and Joseph, Greenwald & Laake, PA or its attorneys. The blog is not a substitute for obtaining legal advice from a qualified attorney licensed in your state. The information on the blog may be changed without notice and is not guaranteed to be complete, correct or up-to-date. While the blog is revised on a regular basis, it may not reflect the most current legal developments. The opinions expressed at or through the blog are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. The JGL Law Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
To ensure compliance with requirements imposed by the U.S. Internal Revenue Service in Circular 230, we inform you that any tax advice contained on this site (including any links provided) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the U.S. Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed in this communication.