Belsky Weinberg & Horowitz, LLC A Personal Injury & Workers’ Compensation Law Firm

December 2013 Archives

Court Keeps Rule That Denial of a Request to Change Venue Can Not Be Immediately Appealed

Thumbnail image for Court Room.jpgDeciding the best place to try a case - forum selection - is important in many ways to a lawsuit. How long it takes for a case to conclude, the likelihood of victory and the amount of damages awarded by a judge or jury can be vastly different, depending on the county where the case is heard. As a result, lawyers on both sides of the case carefully scrutinize the places where a lawsuit can be filed so as to determine the best location for handling the case.

Maryland's Top Court Dismisses Lead Paint Cases Because Government Not Provided with Notice of Lawsuits

Downtown Baltimore.jpgSometimes pretrial requirements can make or break a case. In medical malpractice cases, cases can be thrown out of court if a certificate of merit and report is not filed even before the case goes to court. Other types of cases can have similar, substantial pre-trial requirements. When suing a local government, the government must first be given notice of the lawsuit. In two cases decided by Maryland's top court dealing with claims over the alleged effect of lead-based paint upon minors, the court threw out the cases because Baltimore's housing authority wasn't given proper notice.

Court: Insurer Does Not Have to Pay for Water Damage to "Unoccupied" House

Pipe water streaming.jpgThis year Marylanders are seeing an unusually cold and snowy December. A Maryland couple's attempt to recover for the substantial damage to their home caused when the pipes burst during one winter has been unsuccessful. Maryland's federal trial court ruled that State Farm Fire and Casualty Company did not have to pay the claim because the house was unoccupied.

Maryland's "Move Over" Law: It's Not New; But It's Not Understood

Ambluance with flashing lights on.jpgMaryland motorists are being reminded by overhead traffic alert displays of Maryland's "Move Over" law. The law requires motorists traveling in the lane next to an emergency vehicle to move over one lane to make it safer for the responders. The law is also designed to make drivers more aware of the dangers confronting those who are stopped on the shoulder or in a travel lane due to an emergency.

Court Upholds Insurer's Refusal to Cover Carport Collapse From Weight of 2010 Blizzard

Winter Landscape.jpgThe winter of 2010 was memorable for the record amount of snow that it dumped on Maryland. For several days, Charm City businesses, courts and public transportation remained closed because of blizzard conditions. Many Maryland homeowners also remember the damage caused by the snow and ice - many roofs needed repair and some failed under the weight of the wintry weather.

Court: Temporary Total Disability Payments Must Stop When Worker Achieves Maximum Medical Improvement

Ice-thumb-250x187-77643.jpgMaximum medical improvement is an important concept in workers' compensation cases. Maximum medical improvement (MMI) occurs when an injured employee has reached the maximum benefit that can be obtained from medical care. At that point, a doctor can evaluate any lingering impairment to determine the extent of the permanent injury to the employee's body.

Insurance Company Gets Out of Paying Underinsured Motorist Benefits Because of Workers' Compensation Lien

Wrecked car blue.jpgWhen a workers' compensation lien exceeds the amount of a judgment resulting from an automobile accident, an insurer does not have to pay underinsured motorist benefits. The ruling stems from a lawsuit over an auto accident involving both workers' compensation and uninsured motorist claims.

PA Medical Apology Law Soon to Take Effect, JHU Study Shows Lack of Courtesy Among Young Doctors

Doctor with clipboard.jpgPennsylvania has joined the ranks of states having a "medical apology" law on the books. The "I'm Sorry" laws allow doctors and other healthcare providers to express regret without fear of the apology being used against them in a medical malpractice lawsuit. The Keystone state's law becomes effective on Dec. 22.

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