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MARYLAND TRIAL LAWYERS
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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.

How Preexisting Conditions Can Enhance the Value of a Workers’ Compensation Case

Published on Mar 26, 2020 at 1:36 pm in Workers Compensation.

Person typing on laptop next to stethoscope

When a worker injures themselves on the job, a workers’ compensation claim can help them recover and pay their bills while they’re waiting for a medical clearance to head back to work. Depending on the situation, however, a preexisting condition could make recovery more of a challenge. While it’s not uncommon for employers to try to reduce what they have to pay out when a workers’ comp claim involves a preexisting condition, there are state laws in place that protect workers’ rights. Let’s take a look at how preexisting conditions can enhance the value of a workers’ compensation case in Maryland.

The Facts About Taking Out a Loan During a Personal Injury Case

Published on Mar 19, 2020 at 4:03 pm in Legal Information.

Person signing document

If you’ve been in an accident and are pursuing a personal injury claim to seek compensation for your losses, your lawyer has likely explained the long road ahead. During that time, you could run into financial difficulties—especially if you’ve had to take unpaid time off work to recover physically. If you start researching your options, you’ll likely come across lawsuit loans. While these do have some advantages, it’s important to understand the disadvantages and how signing up for one could impact your future. Let’s take a look at some facts about taking out a loan during a personal injury case.

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

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

Dear Clients, Friends, and Colleagues of Belsky, Weinberg & 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.

Strict Liability: What Does It Mean and Why Does It Apply?

Published on Mar 12, 2020 at 3:18 pm in Personal Injury.

Person signing document

When you’ve been wrongfully injured, it’s your legal right to file a personal injury claim to seek monetary recovery for the damages you incurred. Depending on your situation, there are a number of legal theories that could apply to and affect your claim. If you’re dealing with a dangerous product or animal attack, strict liability could apply. This is the theory that allows plaintiffs to prove they’re owed compensation because of the legal responsibility of the party that caused their injuries. Let’s take a look at what strict liability means and why it applies to certain cases.

How Lawyers Get Paid for Personal Injury Representation

Published on Mar 5, 2020 at 12:47 pm in Legal Information.

Person signing documents

If you’re considering filing a personal injury claim, it’s likely you’re wondering how the process works—which includes how your attorney receives payment for their services. With most personal injury cases, attorneys operate on a contingency fee basis. In general, this implies the lawyer only gets paid if they successfully handle a case. Let’s take a closer look at contingency fees and how they could affect your claim.

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, Weinberg & 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.

How Common Are Rollover Accidents?

Published on Feb 6, 2020 at 5:54 pm in Truck Accidents.

Rollover truck in ditch

Large trucks require more training and caution to drive because there are so many variables to manage while driving. When truck drivers lose control, rollover accidents are a very real possibility and are incredibly dangerous. In fact, 48% of occupant deaths in large trucks are caused by rollovers, according to the Insurance Institute for Highway Safety (IIHS).

When it comes to how often they occur, truck rollovers happen every day. Even though truck drivers have tons of training and have to be certified, American Truck Business Services (ATBS) reports that driver error is the main reason that trucks overturn. Drivers misjudging a turn, speeding, or driving distractedly could all be considered driver error.

Since truck rollover accidents are common, what are some other causes?

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