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      <title>Maryland Accident Lawyer Blog</title>
      <link>http://www.marylandaccidentlawyerblog.com/</link>
      <description>Published By Miller &amp; Zois</description>
      <language>en</language>
      <copyright>Copyright 2008</copyright>
      <lastBuildDate>Fri, 14 Nov 2008 10:23:12 -0500</lastBuildDate>
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            <item>
         <title>Maryland Accident Lawsuits</title>
         <description><![CDATA[<p>Our Maryland accident lawyers have created a help center with sample lawsuits as a guide for Maryland accident attorneys and victims. You can find these <a href="www.millerandzois.com/sample-pleadings.html">sample lawsuits</a> by clicking on the "sample lawsuits" link.  </p>]]></description>
         <link>http://www.marylandaccidentlawyerblog.com/2008/11/maryland_accident_lawsuits.html</link>
         <guid>http://www.marylandaccidentlawyerblog.com/2008/11/maryland_accident_lawsuits.html</guid>
         <category>Maryland Accident Law</category>
         <pubDate>Fri, 14 Nov 2008 10:23:12 -0500</pubDate>
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            <item>
         <title>Fatal Accident in Hartford County</title>
         <description><![CDATA[<p>The <a href="http://www.baltimoresun.com/news/local/harford/bal-md.ha.crash12nov12,0,6105466.story">Baltimore Sun</a> had an awful story yesterday about a man who fled the scene of one accident, was caught by police and then killed a mother and her eight year-old child just a 90 minutes later in Hartford County.  </p>

<p>The Baltimore Sun quoted experts who questioned the decision not to arrest the suspect after the first hit and run.  What I found very impressive was the parents/grandparents response to the concerns that the Hartford County police should have done more.  The father/grandfather of the victims told the Baltimore Sun he didn't blame police for not arresting the suspect after the first accident.  "Of course I'm upset, but I don't hold anything against our police officers."  His wife added, ""His earlier accident in the day is not the accident that took our daughter and grandson's life.  We have faith in law enforcement and if they're OK with letting him go back on the road, it's not the cause of the second accident."</p>

<p>Understandably at times, people often respond to a tragedy by blaming everyone in sight.  I'm so impressed this family chose a different course. </p>]]></description>
         <link>http://www.marylandaccidentlawyerblog.com/2008/11/fatal_accident_in_hartford_cou.html</link>
         <guid>http://www.marylandaccidentlawyerblog.com/2008/11/fatal_accident_in_hartford_cou.html</guid>
         <category>Car Accidents</category>
         <pubDate>Thu, 13 Nov 2008 11:37:11 -0500</pubDate>
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         <title>Knee Injuries: What is the Trial and Settlement Value?</title>
         <description><![CDATA[<p>Jury Verdict Research reports this month on a study it conducted that found that in the last ten years, the overall median compensatory award for soft tissue knee injuries, strains, and cartilage and ligament damage is $40,972.  </p>

<p>The average trial value of knee injury cases involving knee lacerations, contusions and inflammation is $57,884 ($8,952 median).  The average verdict for a knee strain case is $70,055 ($10,412 median).  The average verdict for chondromalacia knee injury (abnormal softening of the knee cartilage on the underside of the patella) is $215,434 (median is $45,000).<br />
I think these numbers are a little bit low but they are of interest to lawyers trying to determine how much is the settlement value of their knee injury case.  </p>

<div class="noIndent"><ul>
<li><a href="http://www.millerandzois.com/Valuing-Personal-Injury-Accident-Cases-in-Maryland.html">What is the Trial or Settlement Value of Your Personal Injury Case</a> (discusion of how value is determined and a report on settlements and verdicts by injury type)</li>
<li><a href="http://www.marylandinjurylawyerblog.com/2007/05/the_value_of_personal_injury_c.html">Personal Injury Verdicts Across the United States</a> (average personal injury verdicts in your state) </li>
<li><a href="www.marylandinjurylawyerblog.com/2008/09/average_wrongful_death_verdict.html ">Average Wrongful Death Verdicts for Women by Age</a></li>
<li><a href="http://www.marylandinjurylawyerblog.com/2007/01/wrongful_death_settlements_and.html">Wrongful Death Settlements and Verdicts in Maryland</a> (wrongful death values)</li>
</ul></div>
]]></description>
         <link>http://www.marylandaccidentlawyerblog.com/2008/11/jury_verdict_research_reports.html</link>
         <guid>http://www.marylandaccidentlawyerblog.com/2008/11/jury_verdict_research_reports.html</guid>
         <category>Personal Injury Awards</category>
         <pubDate>Wed, 12 Nov 2008 14:18:45 -0500</pubDate>
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         <title>IWIF Refund?</title>
         <description><![CDATA[<p>The Maryland Retailers Association got $276,268 check from IWIF Workers' Compensation Insurance.  Why is a workers' compensation insurance company - the largest provider of workers' compensation insurance in Maryland - paying this retailers association? The payment is group safety dividend check for controlling losses and preventing workplace injuries and accidents in 2007. </p>

<p>Certainly, it is a good idea to reward safe practices in the workplace so this sounds like a good plan.</p>]]></description>
         <link>http://www.marylandaccidentlawyerblog.com/2008/11/iwif_refund.html</link>
         <guid>http://www.marylandaccidentlawyerblog.com/2008/11/iwif_refund.html</guid>
         <category>Workers Compensation</category>
         <pubDate>Tue, 04 Nov 2008 11:05:20 -0500</pubDate>
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         <title>Maryland Workers Comp Seminar</title>
         <description><![CDATA[<p>Workers' Compensation Section of the Maryland Association for Justice (formerly the Maryland Trial Lawyers Association) will present a "beyond the basics" on <a href="http://www.millerandzois.com/marylandworkerscomplawyer.html">Maryland's workers' compensation seminar</a> on November 11, 2008 at 1:00p.m.-4:30p.m. at Sheraton City Center on 101 W. Fayette Street in Baltimore, Maryland. <br />
 <br />
The topics of this <a href="http://www.marylandlawyerblog.com/2008/08/maryland_workers_compensation.html">Maryland workers' compensation</a> seminar are:</p>

<p>Creative Settlement Agreements <br />
The New and Improved Workers’ Compensation Jury Instructions<br />
A Few Ideas for Better Results in Maryland Workers Comp Cases<br />
5 Things That Annoy Workers' Comp Insurance Commissioners and 5 Things They Appreciate </p>]]></description>
         <link>http://www.marylandaccidentlawyerblog.com/2008/11/maryland_workers_comp_seminar.html</link>
         <guid>http://www.marylandaccidentlawyerblog.com/2008/11/maryland_workers_comp_seminar.html</guid>
         <category>Workers Compensation</category>
         <pubDate>Tue, 04 Nov 2008 10:49:12 -0500</pubDate>
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         <title>Last Clear Chance Doctrine</title>
         <description><![CDATA[<p>I wrote a Maryland Injury Lawyer Blog post about <a href="http://www.marylandinjurylawyerblog.com/2008/09/property_damage_claims_my_dads.html">property damage claims</a> and a property damage dispute my Dad had a year or so ago. I received a comment explaining to me that the defendant's insurance company was asserting the last clear chance doctrine.</p>

<p>Thanks for the comment which comes with a "that's what I would expect from a PI lawyer" smear.  And it sounds, right.  Last clear chance sounds like something you would expect to come out of the mouth of an insurance company accident lawyer, right?</p>

<p>But no.  In Maryland, the "last clear chance" is not a defense asserted by<br />
the defendant.  Instead, it is asserted by <a href="http://www.millerandzois.com/maryland-personal-injury-attorney-FAQ.html">Maryland accident lawyers</a> on behalf of accident victims.  It is asserted by plaintiffs.  Las clear chance is a defense to a defendant's claim that the plaintiff was contributorily negligent.  In Maryland, contributory negligence is generally a bar to recovery.  </p>

<p>But the last clear chance doctrine allows a contributorily negligent accident victim to recover a financial award if: (i) the defendant is negligent; (ii) the plaintiff is contributorily negligent; and<br />
(iii) the plaintiff makes a showing of something new or sequential, which affords the defendant a fresh opportunity (of which he fails to avail herself or himself) to avert the consequences of his own original negligence.  </p>

<p>This doctrine of last clear chance has been the generally unchanged law in Maryland over the last 140 years.</p>]]></description>
         <link>http://www.marylandaccidentlawyerblog.com/2008/10/last_clear_chance_doctrine.html</link>
         <guid>http://www.marylandaccidentlawyerblog.com/2008/10/last_clear_chance_doctrine.html</guid>
         <category>Maryland Accident Law</category>
         <pubDate>Wed, 15 Oct 2008 13:22:39 -0500</pubDate>
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         <title>Maryland Uninsured Motorist Statute</title>
         <description><![CDATA[<p>Car insurance is mandatory thoughout the country, including Maryland.  Yet you would be amazed how many uninsured motorist claims we see every week.  As many as 20% of Americans do not have any type of car insurance. The numbers in Maryland have not been estimated in years (that I have seen, anyway) but while not approaching that figure, the number is still too high.</p>

<p>In Maryland, the legislature made uninsured motorist coverage mandatory in 1975.  <br />
Click on the following link to read the primary statute in Maryland covering <a href="http://www.millerandzois.com/Maryland_Insurance_Code_Annotated_Section_19-509.html">uninsured motorist</a> claims. </p>]]></description>
         <link>http://www.marylandaccidentlawyerblog.com/2008/10/maryland_uninsured_motorist_st.html</link>
         <guid>http://www.marylandaccidentlawyerblog.com/2008/10/maryland_uninsured_motorist_st.html</guid>
         <category>Uninsured Motorists</category>
         <pubDate>Tue, 14 Oct 2008 15:27:16 -0500</pubDate>
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            <item>
         <title>Insurance Company Provided Rental Car: How to Get One in an Accident Case</title>
         <description><![CDATA[<p>Most car accidents occur with injuries.  <a href="http://www.marylandinjurylawyerblog.com/">Maryland accident lawyers</a> typically do not get involved in such cases, leaving accident victims to deal with handling the property damage claim and getting a rental car themselves.  </p>

<p>Convincing the insurance company to provide a rental car is a hassle in some Maryland accident case, even if you have a lawyer much less without.  This article on getting a <a href="http://www.millerandzois.com/rental-car-insurance.html">rental car from the insurance company after an accident</a> provides a few thoughts for those of you who are traveling solo without a <a href="http://www.millerandzois.com/maryland-personal-injury-attorney-FAQ.html">Maryland accident lawyer</a>.   </p>

<p>Remember that one good way to take this issue out of play in the further is to purchase rental reimbursement coverage.  It costs very little - only $12 a year under most auto insurance policy but it is an investment worth making.  </p>]]></description>
         <link>http://www.marylandaccidentlawyerblog.com/2008/10/insurance_company_provided_ren.html</link>
         <guid>http://www.marylandaccidentlawyerblog.com/2008/10/insurance_company_provided_ren.html</guid>
         <category></category>
         <pubDate>Tue, 14 Oct 2008 15:19:01 -0500</pubDate>
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         <title>Packaging Clients Together in Demand Package: Be Careful to Get Full Value and to Avoid Conflicts</title>
         <description><![CDATA[<p>It cannot be said enough that you will not get maximum value for each of your clients if they are discussed as a package deal, even if they are family members, friends or even spouses.  Each time you have a discussion with an adjuster regarding a particular “accident”, you should be very careful to conclude discussion of one client before starting to talk about another.  The adjuster will want to lump them together, pitting one against the other.  She will say derogatory things about one claimant, and then state her feelings that the other one is even worse.  (She also will have in the back of her mind a joint ‘figure’ she wants to offer for these claims.)  Make sure you clearly end discussion of one client before starting to discuss another.  “All right now, moving onto Client B.”  Make sure you do not compare and contrast the injuries or lost wages of the two.  Each client deserves your independent negotiation and attention.  Pay careful attention if the adjuster has an inability to discuss the clients separately.  Make note of this and, if necessary, make separate telephone calls for each client or even have separate lawyers in your firm make the calls on behalf of each client (but be sure to keep in touch with each other on the status of the negotiations).  You may also want to settle one claim completely before tackling another.</p>]]></description>
         <link>http://www.marylandaccidentlawyerblog.com/2008/10/packaging_clients_together_in.html</link>
         <guid>http://www.marylandaccidentlawyerblog.com/2008/10/packaging_clients_together_in.html</guid>
         <category>Car Accidents</category>
         <pubDate>Tue, 07 Oct 2008 15:05:22 -0500</pubDate>
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         <title>Pay to Play Statute in Maryland Underinsured Motorist Claims</title>
         <description><![CDATA[<p>Maryland. Insurance Code Ann. § 19-511 gives <a href="http://www.millerandzois.com/maryland-personal-injury-attorney-FAQ.html">Maryland accident lawyers</a> a weapon in forcing decide what they are going to do about subrogation against the at-fault defendants.   Maryland lawyers call this law the "pay to play" statute.  The statute mandates that when the liability carrier tenders a policy limits offer, the underinsured motorist carrier - the client's own insurance company - has 60 days to whether to allow the at-fault driver's insurance company to pay on the claim, which means they waive subrogation against the at-fault driver.  If they do not waive subrogation, the UIM insurance company must pony up the amount of the offer.  But in doing so, they retain their subrogation rights, i.e. they can go after the driver individually for any payments that are made.  Thus, the title "pay to play." </p>]]></description>
         <link>http://www.marylandaccidentlawyerblog.com/2008/10/pay_to_play_statute_in_marylan.html</link>
         <guid>http://www.marylandaccidentlawyerblog.com/2008/10/pay_to_play_statute_in_marylan.html</guid>
         <category>Uninsured Motorists</category>
         <pubDate>Tue, 07 Oct 2008 14:28:09 -0500</pubDate>
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         <title>Bankruptcy Court: How Does the Maryland Accident Lawyer Navigate</title>
         <description><![CDATA[<p>The <a href="http://www.baltimoreinjurylawyerblog.com/2008/10/what_happens_when_a_car_accide.html">Baltimore Injury Lawyer Blog</a> has a post today on navigating the waters when you have a bankrupt defendant.  </p>]]></description>
         <link>http://www.marylandaccidentlawyerblog.com/2008/10/bankruptcy_court_how_does_the.html</link>
         <guid>http://www.marylandaccidentlawyerblog.com/2008/10/bankruptcy_court_how_does_the.html</guid>
         <category>Car Accidents</category>
         <pubDate>Tue, 07 Oct 2008 14:18:14 -0500</pubDate>
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         <title>When to Name Expert Witnesses in an Accident Case</title>
         <description><![CDATA[<p>Car accident lawyers fighting for injured victims have an uphill battle to climb in many respects.  Public opinion has turned on victims in 2008 and judges and juries often assume when a car accident victim walks in the door that he/she is exaggerating their injuries.  </p>

<p>So smart Maryland accident lawyers take the benefits that the system does provide for their clients.  A big advantage plaintiffs’ lawyers have is that they are better able to dictate the pace of the progression of a case.  </p>

<p>Some Maryland accident lawyers squander this great opportunity by failing to fully load the gun before firing it by filing a accident lawsuit.  When filing a lawsuit, our accident lawyer serve the defendant with the Complaint, Interrogatories, Requests for Admission, Request for Production of Documents and Expert Designation.  It is more work and requires you to be more proactive but helps you down the road - it is one more deadline you will need to meet down the road.  In this regard, the road to legal malpractice is paved with lawyers who missed  expert deadlines.  </p>

<p>Still, make sure you put deadline to name experts on your discovery calendar and later check the designated experts to make sure you do not need additional experts for trial.  Often, at the beginning of a case you will not believe you will require the testimony of an economist or a vocational rehabilitation expert, but you later find out that you do.  Similarly, if your client is still suffering treating, you might need to name additional treating doctors.  <br />
</p>]]></description>
         <link>http://www.marylandaccidentlawyerblog.com/2008/10/when_to_name_expert_witnesses.html</link>
         <guid>http://www.marylandaccidentlawyerblog.com/2008/10/when_to_name_expert_witnesses.html</guid>
         <category>Car Accidents</category>
         <pubDate>Tue, 07 Oct 2008 13:40:23 -0500</pubDate>
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         <title>Handling Personal Injury Claims Without a Lawyer</title>
         <description><![CDATA[<p>It is generally not a good idea to handle a personal injury claim without a lawyer.  But there are exceptions and, either way, many injury victims are going to proceed without a lawyer.  If you find yourself in this situation, here are some thoughts on handling a personal injury case with the insurance company without a <a href="http://www.marylandinjurylawyerblog.com/">Maryland accident lawyer</a>.  </p>

<p>Related Article:</p>

<p><a href="http://www.marylandinjurylawyerblog.com/2008/09/property_damage_claims_my_dads.html">Handling Property Damage Claims Without a Lawyer</a><br />
</p>]]></description>
         <link>http://www.marylandaccidentlawyerblog.com/2008/10/handling_personal_injury_claim.html</link>
         <guid>http://www.marylandaccidentlawyerblog.com/2008/10/handling_personal_injury_claim.html</guid>
         <category>Car Accidents</category>
         <pubDate>Tue, 07 Oct 2008 12:51:39 -0500</pubDate>
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         <title>AIG Claims in the New Era</title>
         <description><![CDATA[<p>The <a href="http://www.marylandinjurylawyerblog.com/2008/10/personal_injury_claims_against.html">Maryland Personal Injury Lawyer Blog</a> has a post about how accident lawyers should view the debacle at AIG in considering their client's AIG claims.</p>]]></description>
         <link>http://www.marylandaccidentlawyerblog.com/2008/10/aig_claims_in_the_new_era.html</link>
         <guid>http://www.marylandaccidentlawyerblog.com/2008/10/aig_claims_in_the_new_era.html</guid>
         <category>Car Accidents</category>
         <pubDate>Fri, 03 Oct 2008 15:11:22 -0500</pubDate>
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         <title>Difficult Insurance Companies in Maryland Car and Truck Accident Cases</title>
         <description><![CDATA[<p>The Maryland Injury Lawyer Blog has a post about which <a href="http://www.marylandinjurylawyerblog.com/2008/09/colossus_and_allstate.html">insurance companies in Maryland</a> are  the most difficult to deal with in personal injury cases.  </p>]]></description>
         <link>http://www.marylandaccidentlawyerblog.com/2008/09/difficult_insurance_companies.html</link>
         <guid>http://www.marylandaccidentlawyerblog.com/2008/09/difficult_insurance_companies.html</guid>
         <category>Car Accidents</category>
         <pubDate>Mon, 29 Sep 2008 12:26:02 -0500</pubDate>
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