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Baltimore, MD
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Tysons Corner, VA
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Maryland Car Accident Lawyers Show There’s No Such Thing As Too Many Questions.

Everyone has questions,  after an accident. Why did this happen? What can be done now? What are my rights under the law? That’s when you can turn to the lawyers who can assist answer your questions. Bob Katz has posted many Frequently Asked Questions on his website. He wants Maryland and Virginia injury victims to have the facts so they can move forward with their cases, make the right decision when hiring an attorney, receive the compensation they deserve, and focus on their recovery.

The following are a selected group of questions frequently asked by injured victims seeking answers. Please note that the following materials are NOT Legal Advice or Legal Opinion – All materials provided herein are prepared for a general audience for general informational purposes only. Their sole purpose is to better educate you about a variety of general legal issues so that you become more educated consumers of legal services. Information provided on the Sites should never be a substitute for consulting with a lawyer. Please contact us directly for advice on your specific situation.

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A growing body of research supports the claim that talking on the phone while driving is dangerous, in large part because most people have difficulty dividing their attention between the cognitive demands of driving and those of a phone conversation. Simply put, talking on the phone uses some of the same brain space that driving does. However, in spite of knowing the dangers associated with cell phone use while driving, many drivers choose to use cell phones anyways. For example, in a 2011 poll by AT&T, 98 percent of drivers said that they understood the dangers of texting while driving but did it anyways. Using a cell phone while driving can potentially be important under three different legal theories: negligence, contributory negligence and negligence per se. Negligence, in the motor vehicle context, can be broadly defined as failing to take reasonable care while driving. A person who is injured in a car accident where the other driver was talking on their cell phone may be able to argue that, because of the dangers associated with cell phone use while driving, the other driver’s cell phone use is evidence of that he or she is guilty of negligence. An experienced Maryland personal injury attorney may be able to, through discovery or the deposition of witnesses, find evidence that the other driver was talking on their phone at the time of the accident. If, on the other hand, it is the person in a car accident who is injured that was talking on the phone, the doctrine of contributory negligence is implicated. Maryland is one of only a few states that follows the doctrine of contributory negligence. Under contributory negligence, a person who brings a lawsuit, a plaintiff, cannot recover damages if he or she was at all negligent. This could mean that – even if the other driver was driving recklessly or negligently – a plaintiff who was talking on the phone while driving could be prevented from recovering damages. Negligence per se is when the violation of a criminal law, such as a law prohibiting cell phone use, is introduced as evidence that a party was negligent in a civil case. In order to establish a claim for negligence per se, the harm that was suffered by the plaintiff must have been the type of harm that the statute was designed to protect from. Cell Phone Laws in Maryland, Virginia, and Washington, D.C. Maryland and the District of Columbia have both passed “cell phone laws.” Basically, these are laws that prohibit drivers from texting or talking on a handheld phone while driving. In Maryland, the new law went into effect on October 1, 2013, allowing police to stop any driver they see using a handheld wireless device while operating a motor vehicle. Virginia, on the other hand, allows talking on the phone while driving but prohibits emailing and texting. In general, these laws are implemented to protect the drivers from the dangers of distracted driving. As such, there is a strong argument that violation of a cell phone statute is relevant to a civil claim of negligence. Although there is little Maryland law on point, a recent article published by the American Association for Justice offers an overview of how other states have treated the issue of cell phone laws and negligence per se. In several states with cell phone statutes, courts have ruled that evidence of violation of the statute is relevant and admissible. Even in states without cell phone statutes, courts have generally allowed evidence that a driver was talking on his or her cell phone in order to support a claim of negligence or defense of contributory negligence. See Our Related Blog Posts Distracted Driving and Cell Phone Usage in Maryland – Is it Reckless? Maryland Law Applicable to Pedestrian Accident Cases Silver Spring MD Head-On Collision Car Accident Attorneys
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When one is involved in a serious accident that leaves a victim with a permanent injury and the need for extensive medical care, it is very important that you hire the right attorney to handle your matter and that you do so promptly. First - In a serious accident, there will usually be a lengthy and thorough investigation of the accident by the insurance company. Often, the more serious your injuries are, the more thorough the investigation will be, regardless of which driver was at fault. Indeed, many things can go wrong during this investigation process which can jeopardize your claim. It is therefore very important to consult with an attorney right away so that they can be involved in the investigation from the beginning. A good attorney will hire an expert to do an analysis of the crash and the scene of the collision, interview any witnesses, emergency personnel and police to make sure that any evidence pertaining to the accident is properly preserved. Second - when you hire an attorney on a contingency basis, (i.e. when you are not required to pay any attorney’s fees up front) it is often to your advantage to hire an attorney sooner rather than later. The attorney costs do not vary based on when they begin working on your case, but instead will vary based on the result obtained. Therefore, it is generally to your advantage to get them working for you as soon as is practicable. Third -Many cases will involve the need for expert testimony in order to prove a case. One important reason to hire an attorney immediately is to secure the proper expert witnesses you will need to prove your case. A qualified attorney will secure a proper and qualified expert who is competent to testify to the critical issues in your case. The insurance companies for the at fault party have experts on their side from the beginning doing their own investigation and it is crucial that the client has someone on their side. Finally, If, as a result of some else’s negligence, you are left with a permanent impairment, it could have an impact on the rest of your life. This is just one example of many issues that need to be dealt with which your attorney will help you with which you may not be able to effectively convince the insurance company of without proper legal counsel. Bob Katz is the head of the Personal Injury Group at Gordon, Feinblatt. He has been serving Baltimore community for over 35 years and is a member of the Million Dollar Advocates Forum, whose membership is limited to attorneys that have won million dollar verdicts and settlements. He can be reached at 1-888-540-2599.
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What to Do Immediately After a Maryland Car Accident

The period of time immediately after an auto accident can be confusing. If the accident was substantial, then there may be significant property damage or injuries to account for. If you are knocked unconscious in a car accident, then all you can really do is trust in the medical attention that you have been given. But if you are conscious, then there are certain things that you need to do immediately after an accident that will help preserve the information your attorney will need later.

Confirm You and Your Passengers Are Not Seriously Injured.

The most important thing to do is to make certain that you and your passengers are not seriously injured. If you are able to move, then get out of the vehicle and see of any of the people in the other vehicle are injured. This is information you will need to know when you call the police to file an accident report. If there have been injuries, then you will need to let the police know so that emergency medical responders can be contacted. It is important to remember that you should avoid any other conversation with the other parties beyond checking to see if anyone is injured. Do not allow your emotions to cause you to say something that could be used against you later in court.

Call and Wait for the Police

Police may ask you on the phone if anyone is injured. If anyone is in any pain, even minor pain; be sure to answer in the affirmative. Police may elect not to come to the accident scene if no injuries are reported. Once the police arrive, ask if the accident report will include each party's insurance information. The police will either inform you that the information will be on the report, or they will suggest that each party supply the information to the other. The most important thing to do is to follow the instructions given by the police officers. If you see any witnesses to the accident, ask for their name and contact information. The more corroborating stories you can get for your case, the better it will be for you.

Take Pictures of the Accident Scene and/or Vehicles

One of the things that people often forget to do immediately after an accident is take pictures. With most smartphones having cameras in them, it is easier now for people to take pictures of accident scene or vehicle damage. Be sure that you get pictures of each vehicle involved in the accident, pictures of the people that were involved, pictures of the witnesses and as many pictures of the accident scene as you possibly can. Remember, damage to all vehicles involved may be evidence.

Secure Witness Information

The cause of accidents is not always easy to determine. Make sure you secure phone or address information from any witness who is willing to provide it. Many people do not seek out witnesses at the scene because they feel that fault is obvious and that there will not be any dispute about how or why the accident occurred. Get witness statements anyway. If liability is later disputed, you may need a witness to corroborate the events in order to prevail in your claim.

Call an Accident Attorney

Consider retaining an auto accident lawyer and turn all of the above information over to your attorney. Accident lawyers are experienced at negotiating and proving accident claims and can guide you through the legal process. There is no easy way to determine if you will need an attorney following a car accident in Maryland or Virginia. The best way to make this determination is to speak with an experienced lawyer who can answer all of your questions in a face-to-face meeting and make the decision for yourself. If you retain a lawyer to help you deal with your accident claim, your lawyer will address any specific legal issues that may be of significance to your case. PLEASE NOTE: Materials are NOT Legal Advice or Legal Opinions - All material located on the Sites, in podcasts, blogs, Faqs and/or social media forums is prepared for a general audience for general informational purposes only. It is not legal advice or a legal opinion. Its sole purpose is to better educate you about a variety of general legal issues so that you become more educated consumers of legal services. While Gordon Feinblatt tries to provide accurate information on the Sites, the law changes quickly. Therefore information contained on the Sites may not reflect the most current interpretation or be complete. Many factors go into the decision-making process of selecting a lawyer and everyone’s needs differ. Moreover, although the specific facts of your matter may seem similar to those of others, they are actually quite different; the law may apply differently or not at all to your situation. Therefore, you should not rely upon or take any action with respect to your specific, personal legal matters based on information contained on the Sites. The Sites are provided “AS IS” and Gordon Feinblatt is not responsible for any action you do or do not take in reliance on any materials on the Sites. Information provided on the Sites should never be a substitute for consulting with a lawyer.

Please contact us directly for advice on your specific situation. See our full Terms of Use for more information.

 
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Gap insurance usually costs a few hundred dollars and may cover you if you are in an accident and your car is deemed a total loss but the total loss offer is not enough to pay for you loan. Example: John owes $20,000.00 to his bank after taking out a new car loan to purchase a vehicle. John is involved in an accident a month later and the vehicle is totaled. The insurance company offers John $18,000.00 for the total loss of his vehicle, however if John accepts this offer and uses the money to pay off the loan, he will still owe $2000.00 to the bank and will have no vehicle. If John cannot recover additional funds for the car, he will be personally liable for the difference between the total loss value and what he owes to the bank. Bottom line: If you have Gap insurance then it may pay the difference in your loan balance and what the insurance company pays out on a damaged vehicle. Vehicles depreciate the minute you drive off the lot so frequently, owners are suprised when their vehicles are totaled and they end up owing money to the bank.
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1. If you have been injured, seek medical treatment. 2. Regardless of whether you have been injured, call the police and report the accident immediately. It is imperative that you tell the police everything you know about the vehicle that struck you. Often, the police will be able to take a partial tag number or a vehicle description down and find the offending party. However, even in cases where the driver who struck you cannot be identified, it is critical to have the police document your accident. Obtain a police report incident number. 3. Photograph any evidence you can which depicts the damage to your vehicle or the scene of the accident, which might be relevant. 4. If you are injured, consider speaking with lawyer. You may have standing to make what is known as an uninsured motorist claim. Most drivers in Maryland and Virginia carry insurance that provides for uninsured motorist coverage in the event they are struck by an uninsured vehicle. In most of these policies, a hit and run vehicle is synonymous with a "phantom vehicle" which is by definition, "uninsured," as the insurance carrier for the vehicle cannot be determined. For more information on Uninsured Motorist Claims, visit our Auto Accident Practice Area Page

What Does an Uninsured Motorist Claim in Maryland Cover?

  Uninsured motorist coverage may usually be utilized to pay for medical bills, lost wages, pain and suffering and other damages caused by the uninsured driver. As with other types of claims, proper documentation and elements of proof are critical. Some states require that there is an actual impact between the two vehicles. Other states, such as Maryland have no such requirement. As every case has unique facts, it is critical to contact a lawyer to discuss your legal options if you have been the victim of a hit-and-run PLEASE NOTE: Materials are NOT Legal Advice or Legal Opinions - All material located on the Sites, in podcasts, blogs, Faqs and/or social media forums is prepared for a general audience for general informational purposes only. It is not legal advice or a legal opinion. Its sole purpose is to better educate you about a variety of general legal issues so that you become more educated consumers of legal services. While Gordon Feinblatt tries to provide accurate information on the Sites, the law changes quickly. Therefore information contained on the Sites may not reflect the most current interpretation or be complete. Many factors go into the decision-making process of selecting a lawyer and everyone’s needs differ. Moreover, although the specific facts of your matter may seem similar to those of others, they are actually quite different; the law may apply differently or not at all to your situation. Therefore, you should not rely upon or take any action with respect to your specific, personal legal matters based on information contained on the Sites. The Sites are provided “AS IS” and Gordon Feinblatt is not responsible for any action you do or do not take in reliance on any materials on the Sites. Information provided on the Sites should never be a substitute for consulting with a lawyer.

Please contact us directly for advice on your specific situation. See our full Terms of Use for more information.

 
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Most people do not have the ability to pay for medical care up front. In many cases, an attorney will be able to work with the hospital’s billing department as well as other medical providers so that the client can get the medical care they need without the worry about having to pay for those costs up front. Some doctors will be willing to accept a lien on the proceeds of the lawsuit equivalent to the value of their treatment, in exchange for providing treatment without being paid up front. Other doctors will accept health insurance regardless of who was at fault. Your attorney will work with you to determine the best course of action specific for your case as there are no hard and fast solutions in this regard.
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Cases can take a long time to resolve. Even with an aggressive personal injury lawyer fighting for your recovery. What many clients do not realize is that cases typically cannot resolve until an injured client has recovered or at least achieved a static medical condition. This may take months and in some severe cases, years. The bottom line is, after the client's healing stabilizes, the real bulk of the case begins. Further, while some cases settle without going to court, others may have to go to trial. The time it takes from when a lawsuit is filed, up until a trial date can also vary from months to years depending on the court where the case is filed. In summary, there is no way to know in the beginning of the case, how long it will take. An experienced attorney can often make a projection based on a variety of factors, but absolute guaranteed timeframes are impossible to project early on.
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When one is seriously injured in a car accident one may be faced with a very large hospital bills and will be facing extensive future care such as physical therapy and rehabilitation. Our office will work with the medical providers to arrange transportation and even home care if necessary. We will work hard to make sure that the responsible party compensates you for your medical bills as well as your pain, suffering, inconvenience and loss of income and other damages you may have sustained. Please note: the following is not legal advice. Do not assume the facts herein are applicable to your case without talking to a lawyer. Each case is unique and results depend on a variety of factors. For more information see the full disclaimer below the article.
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If one is involved in a car accident and suffers injuries but the person causing the accident either runs away or does not have insurance you may not know what to do. Many people have asked whether or not they can get compensation for the car repairs, medical treatment and pain and suffering in this type of situation. They also want to know who is responsible to pay for these damages.

The Short Answer

In this type of situation you may be entitled to get compensation through your own insurance carrier or through uninsured insurance funds , which are established by government. It is always best to have an experienced attorney to help you every step of the way to get you through this process as Uninsured Motorist and Uninsured Motorist claims can be complicated. An experienced attorney will work with you and obtain the police reports, witness statements and photographs of the scene as necessary to try to track down the person who caused the accident if they run away from the scene of the accident or find some alternative source of insurance coverage if the at fault driver cannot be found. The bottom line is, even if the at fault driver is unknown; you may still be entitled to compensation. Call a lawyer today to discuss your rights. The Long Answer Uninsured Motorist Coverage is a type of coverage that is separate from collision, liability and comprehensive coverage and is carried on most policies. This coverage is also separate from Medical Payments coverage which provides benefits for medical treatment. This coverage is required by law in most states and part of your premium that you pay gives you that coverage. The coverage exists to protect drivers in scenarios like the one above, where the at-fault driver has no insurance or no ability to pay for damages he has caused. Each state provides different remedies for victims of an uninsured driver and defines an uninsured driver in a different way. Additionally, each state provides different remedies for victims of this type of accident. For example, Maryland has set up a MAIF Insurance Fund which victims can assert a claim against, if their case meets certain criteria. Whereas, in Virginia, a victim is permitted to sue the uninsured driver even if he cannot find him, by naming him as a John Doe in the lawsuit. In this John Doe situation, the victim, must then serve their own insurance company with a lawsuit that is filed against John Doe and give them the chance to defend the case. The reason their own carrier needs to be served and would even want to defend a case for a John Doe that can't be found, is because if a Jury finds the John Doe to have caused the accident and the injuries, then the victims' insurance carrier would be responsible to pay those damages. So in Virginia, making a claim against the John Doe has the same effect, that suing the insurance company directly for breach of contract, would have in Maryland. The bottom line here is UM/UIM claims can be complex especially if they need to be litigated. One should not attempt to navigate these tricky waters without experienced counsel at one's side. If you want to know more about this subject - continue reading and check out the links below.... https://www.bobkatzlaw.com/blog/un-insured-under-insured-motorist-coverage-what-is-it-and-how-and-when-will-you-need-it-.cfm https://www.bobkatzlaw.com/faqs/hit-and-run-accident-lawyers-in-maryland.cfm
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Yes. Typically property damage claims are resolved separately. If you settle your property damage claim, it will not affect your ability to later make a personal injury claim unless you waive those rights in the release. Be sure you consult with an attorney or have an attorney review your property damage release to make sure it does not encompass or waive other rights you may have. PLEASE NOTE: Materials are NOT Legal Advice or Legal Opinions - All material located on the Sites, in podcasts, blogs, Faqs and/or social media forums is prepared for a general audience for general informational purposes only.  It is not legal advice or a legal opinion.  Its sole purpose is to better educate you about a variety of general legal issues so that you become more educated consumers of legal services.  While Gordon Feinblatt tries to provide accurate information on the Sites, the law changes quickly.  Therefore information contained on the Sites may not reflect the most current interpretation or be complete.  Many factors go into the decision-making process of selecting a lawyer and everyone’s needs differ.  Moreover, although the specific facts of your matter may seem similar to those of others, they are actually quite different;  the law may apply differently or not at all to your situation.  Therefore, you should not rely upon or take any action with respect to your specific, personal legal matters based on information contained on the Sites.  The Sites are provided “AS IS” and Gordon Feinblatt is not responsible for any action you do or do not take in reliance on any materials on the Sites.   Information provided on the Sites should never be a substitute for consulting with a lawyer. Please contact us directly for advice on your specific situation. See our full Terms of Use for more information.

Read Some of Our Recent Client Reviews!

UniversalSniping
UniversalSniping
02:32 04 Aug 18
The lawyer who was initially handling my case parted ways with the company and I was assigned a new lawyer. This new lawyer was amazing! Christina Franetovich made me feel secure by double checking all the facts and notes in my case so that I was not worried during this transition. I was on disability from an a different accident while she was finalizing my case, and I had called and hounded her about the time frame of my settlement very frequently to the point that I felt guilty for calling so much. Christina was very sympathetic to my situation and assured me that she would do everything in her power to make sure the situation would be resolved quickly. She actually finalized my case before the time frame she had given me, was always very courteous and knowledgable on the phone, and I feel extremely lucky that she ended up handling my case because the previous lawyer was not as amazing with customer service as Christina. She also has a way of making you feel comfortable and builds incredible rapport quickly. I am going to highly recommend her to my friends and family. Thank you Christina!!!
Andrea Barajas
Andrea Barajas
15:13 16 May 18
My husband and I were in a car accident in August 2017. We contacted Bob Katz team for legal representation in our case. Kristen A. Turner was our paralegal and she was excellent. It took 9 months for us to receive our settlement and Kristen kept us updated throughout this entire process. She was very kind and patient as I happened to have several questions. She always answered my questions promptly and thoroughly. I would highly recommend this firm and Kristen if you are in need of legal assistance.
Richard Hose
Richard Hose
02:26 27 Jun 18
On Feb 23, 2017 I was in a bad accident on the JFX. I had been rear end by another driver. Almost immediately I felt pressured by the other drivers insurance. Everything from wanting a recorded statement; to failing to acknowledge responsibility. No one would answer my questions, nor would anyone take responsibility. I was frustrated and overwhelmed with everyone from the towing company, to the repair shop, to the insurance company nightmare I just entered. I reached out to Attorney Robert Katz and I was assured they were here to help. He provided with some much needed information, and told me not to worry, Sarah his Paralegal would be in touch to help get things moving. Sarah reached out as expected and explained their process and walked me through what my expectations would be. She as well assured me they were here to help me navigate the obstacles. What Sarah really did was so much more than help. She took the stress and burden off my shoulders and assumed ownership for handling everything on my behalf. I knew what to expect, and I received regular updates throughout the entire process. Honestly, I received so much more than I anticipated. Some of the most frustrating items to chase after are medical records and hospital charges. While I was trying to recall events and timelines, she had already obtained my records and information. She made this process so painless. I truly cannot say enough about the exceptional service she provided. Many thanks for all your help. Sincerely, Richard Hose
Claudette Pope
Claudette Pope
13:18 30 Aug 18
I was referred to Gordon & feindblatt in 2014 when my family was in an accident, Mr. Katz personally consulted with me by phone and he was very polite and professional, Mr. Carpuso, one of the litigation attorneys even came out to our home and went over our case with us, he made sure all of our needs was addressed and before he left our home that day I felt like we were old friends. that case was settled and I was very pleased, I have used this law firm twice since then and the results are always the same, I have nothing but great experiences with Gordon & Feindblatt the staff are courteous and professional and they get the job done but the one in particular that really stood out for me is Rebecca Slattery, she is truly a gem, she is so compassionate, she walked me through the entire process, she even checked up on me from time to time just to see how I was feeling and I really appreciated her kindness. I will use this law firm again and again for any future legal issue that may arise and I would highly recommend Gordon & Fiendblatt to friends, family and co-workers.
TheOfficalCeeandDee
TheOfficalCeeandDee
15:24 09 Feb 18
My experience here was great. My lawyer Rebecca was so professional and I love her personality. She handled my case well and kept me updated and made the process easy and always made me feel comfortable to call whenever I needed to know anything.
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Location: Tysons

Chris Shin
Chris Shin
18:23 20 Jun 18
They were very polite, professional. and informed current status of the case time to time. Great Job !!!
Jonathan Roane
Jonathan Roane
22:51 17 Nov 17
If you ever need any assistance with an accident or injury-related claim this is the firm you need hands down. These are the most professional and caring people I have ever met in my life. Two people you should contact are Rebecca Slattery who was actually my paralegal and also Allan Serrano. You will be in good hands.
Israel Thompson
Israel Thompson
00:52 06 Dec 17
Attorney MR Bob Katz outstanding Human being, went beyond and above to help me during my accident, he showed me tremendous kindness and support.Thank you so much will highly recommend him to anyone who needs help with their auto accident
Marta Kritselis
Marta Kritselis
16:19 01 Sep 17
Rebecca Slattery the paralegal She took care my case and she was very helpful throughout the whole process. I highly recommend to my family and friend the services of Attorney Bob Kats and there team .
Myong Kim
Myong Kim
22:04 31 Mar 17
I am grateful to Bob and Justin Katz and their team for working hard to get me the most money. They were very professional and easy to work with in Korean. I will recommend them to friends and family any chance I have.
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