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Can Phone Manufacturers Create a Cell Phone That Prevents Use While Driving?

Published on Apr 23, 2020 at 3:32 pm in Car Accidents.

Person holding phone while driving

Everyone knows that texting and driving is dangerous, but that doesn’t stop negligent drivers from doing it. When a person isn’t fully focused on the road in front of them, the chances of an accident happening skyrocket. While most states have bans on texting and driving, state laws don’t always seem to be a strong enough deterrent.

Wireless companies are well aware of the problem, as many of them have instituted safe driving campaigns to discourage distracted driving. Those companies, however, may be able to do more. Let’s take a look at the possibility of phone manufacturers creating a cell phone that prevents use while driving.

Legal Malpractice: The “Case within a Case” Doctrine and How It Works

Published on Apr 9, 2020 at 5:43 pm in Legal Malpractice.

Statue of justice holding a sword and set of scales

If there comes a time in your life where you need to file a lawsuit for injuries or losses, you’ll want to be supported by an experienced and resourceful lawyer. Unfortunately, there are legal representatives out there that do not provide the representation their clients deserve and, as a result, the client is harmed financially. In some situations, this may be considered legal malpractice. While these cases are among the most challenging to prove, they are not unwinnable. If you think you’ve been wronged by a lawyer, it’s important to understand legal malpractice and how the “case within a case” doctrine works.

How Permanent Impairment Is Calculated in Workers’ Compensation Cases

Published on Apr 2, 2020 at 5:20 pm in Workers Compensation.

Person signing form

Workers in Maryland are entitled to workers’ compensation benefits in the event they’re injured on the job. There is a system in place that determines the benefits eligibility, which is based on factors like injury severity, wage losses, and job retraining. When injuries are severe and impact a person’s ability to work at all, they may be diagnosed as permanent. It’s important to understand how permanent impairment is calculated in workers’ compensation cases, so the injured party has an idea of what they’ll receive and how they’ll maintain their health in the future.

A Message from Belsky & Horowitz Regarding COVID-19 (Coronavirus)

Published on Mar 18, 2020 at 4:15 pm in Firm News.

Dear Clients, Friends, and Colleagues of Belsky & Horowitz:

Our thoughts are with those currently affected by the coronavirus and the healthcare workers caring for them. The safety of our clients, our office team, and our colleagues is our top priority during this chaotic time.

As of yesterday, our physical office locations across the state are closed, although the attorneys and staff are now working remotely to continue to provide legal services to our clients.  We are complying with the CDC guidelines and Governor Hogan’s most recent executive orders. To that end, although we have closed our physical facilities in an attempt to do our part to reduce the spread of COVID-19, we continue to communicate with clients, insurance companies, defense attorneys, medical offices, etc.

What’s a “Conflict of Interest” During a Personal Injury Trial?

Published on Feb 28, 2020 at 8:37 pm in Legal Information.

If you’ve been injured and are in the midst of a personal injury trial, your lawyer has already explained to you what the path is likely to look like. In some instances, however, there are motions that can delay or stop a trial. If you hear the phrase “conflict of interest” brought against your lawyer during trial, it’s important to understand the implications and how it could affect your outcome. Let’s start by taking a look at the legal definition of conflict of interest.

How Does the Burden of Proof Apply to Negligence Claims?

Published on Feb 13, 2020 at 12:48 pm in Personal Injury.

American flag flying in front of court house

If you’re in the process of filing a personal injury claim, you’ll benefit from understanding how it works and what a successful claim looks like. When it comes to proving you’re deserving of compensation for your injuries and losses, your attorney will need to build a claim that meets the burden of proof. This legal term refers to being able to believe something beyond a certain level of doubt.

The lawyers at Belsky & Horowitz, LLC understand how confusing and complicated civil cases can seem when you’re dealing with legal terminology. That’s why we make sure to break the information down for our clients so it’s digestible and they feel comfortable with how their cases are being handled. Let’s take a closer look at how the burden of proof applies to negligence claims.

Does Workers’ Compensation Cover Employee Negligence?

Published on Oct 16, 2019 at 6:32 pm in Workers Compensation.

As an injured worker, you have a right to collect workers’ compensation benefits. In most cases, negligence is not a factor. The fact that the injury occurred while you were employed and completing your assigned duties is all that matters. The benefits you receive can cover medical and therapy bills, out-of-pocket expenses, and a portion of your lost wages.

Depending on how your accident happened, however, could impact your eligibility for benefits. Understanding the state laws and process for determining compensation is an important part of submitting a successful workers’ compensation claim. Our lawyers can explain the details to you, so you’re fully informed and know what to expect.

How Many Preventable Deaths Occur at Surgery Centers in the U.S.?

Published on Jul 9, 2019 at 6:21 pm in Medical Malpractice.

When you go to a hospital for surgery, you are surrounded by medical professionals who know what they’re doing. Not only do they have complete knowledge of the surgery they’re completing and how your medical history factors in, but they also know what to do in an emergency situation. At a surgery center, that may not always be the case. While most surgical procedures at outpatient centers proceed without error, recent information has uncovered that some do not go as planned. A simple surgery at an outpatient center has the potential to turn deadly from a surgical error when something goes wrong.

The “Rescue Doctrine” – Injury During Rescue is Compensable

Published on Jun 25, 2019 at 3:55 pm in Personal Injury.

If you’ve ever been in a life or death situation, you know how there’s often little time to act before something catastrophic happens. In some cases, there are those good-willed individuals who are willing to risk their safety to come to the aid of others. When this happens, there are often legal questions that arise after the fact as to whether or not the rescuer should be owed compensation for injuries they sustained because they were acting voluntarily. The answer to this question is yes.

According to the Rescue Doctrine, a rescuer can recover damages from a defendant when the rescuer is injured while helping someone. In order for an injured party to seek compensation through this doctrine, however, they need to be able to prove four specific elements. If you’ve been in a situation where you helped someone in an accident and were hurt as a result, our lawyers may be able to help you prove you are owed monetary damages for your losses.

The Concept of “Present Value” of Future Losses

Published on May 21, 2019 at 5:42 pm in Personal Injury.

If you’ve filed a personal injury claim after suffering catastrophic injuries, you may be eligible for compensation from the negligent party that caused your injuries. Calculating that compensation can be difficult if your future cost of care or future lost wages need to be taken into consideration. This is where the concept of present value comes into play.

In order to understand the concept of present value of future losses, you first need to understand how compensation works for personal injury claims. The legal term for compensation is damages. In a typical personal injury case, damages are separated into economic and noneconomic categories.

Economic damages refer to the monetary expenses related to your injury. These can be calculated exactly and there is no limit to the types of claims that can be made or the amount a person can be awarded. The most common types of economic damages include loss of earning, loss of future earnings, medical expenses, cost of future medical care, costs associated with canceled plans, and household expenses.

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