Maryland Injury and Disability Law : Washington DC Metro Injury & Disability Lawyer & Attorney : Greenberg & Bederman : Accidents, Falls, Medical Malpractice : Maryland, DC, Virginia

Belt or no belt, that is the question

As your child steps inside the school bus every morning, do you worry that the bus being ridden is safe? As our little ones travel back and forth from school on the bus, should we think about them wearing a seat belt? Each day, 475,000 yellow school buses travel our nation’s roads and highways. Historically school buses have not been equipped with safety belts. Only in the past several decades have concerned parents and some safety advocates pushed for stricter laws to mandate seatbelts use. The argument is simple. Seatbelts are used in most other forms of transportation, so why not use seat belts on school buses?
 

Federal law requires seat belts in smaller buses weighing less than 10,000 pounds, some of which are used in the Washington region to transport pre-kindergarten or special education students. But this law does not apply to the large buses weighing 25,000 pounds or more that carry most of our students. States are free to extend the seat belt requirement to larger buses, but only six states have passed such laws. They include New York, New Jersey, Louisiana, California, Texas and Florida. Seat belts have been required on passenger cars since 1968. Forty-Nine states and the District of Columbia have enacted laws requiring the drivers and passengers of cars and light trucks to wear seat belts. Seat belts have often resulted in keeping people safer and may reduce the risk of death in passenger vehicles.
 

 

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WARNING!
Beware of Contributory Negligence

Auto accidents happen daily on our roads, and as the number of drivers increase, so do the odds of being involved in an accident. After getting past the initial shock of a car accident, the question becomes who is responsible for causing the accident, and who is liable for paying the damages. Expenses may be significant from medical bills, to lifetime care, to loss of income. Where will the funds to restore your life come from? It depends on who is at fault that determines who will pay for the damages caused by the accident.
If you live in the mid-Atlantic region, you are likely to encounter something called ‘contributory negligence.’ This is a 400-year-old English principle, adopted in many American jurisdictions in the 19th century. It was abolished in all but 5 states, Maryland, Virginia, North Carolina, Alabama and the District of Columbia. This concept transcends the simple ‘who is at fault’ factor, an inquiry is made into whether the injured party is partially to blame for the accident. Even if the negligent driver is 95% at fault, and you are 5% at fault, you may recover nothing under the doctrine of contributory negligence.

 

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 an estimated 1,000,000 injuries per year versus 85,000 lawsuits). This statistical gap leads to two conclusions. Most injured patients do not pursue a claim against the responsible doctor(s). Also, the system filters claims – preventing the frivolous from coming to court.

No doubt the greatest signal barrier to reducing the number of frivolous claims is the plaintiffs’ lawyer. Because plaintiffs’ lawyers frequently work under a contingency fee arrangement, there is a strong economic incentive to pursue only those claims that have a high likelihood of recovery and a high potential recovery value. Professor Herbert Kritzer of the University of Wisconsin surveyed plaintiffs’ attorneys in Wisconsin regarding acceptance rates of medical malpractice cases. Professor Kritzer found that 80% of all medical malpractice cases were declined at the initial contact with attorneys. Another study looked at how particular attorneys handled such inquiries. The lawyers’ office received calls from 730 people over 10 randomly selected days. Only 1 in 30 calls resulted in litigation – lawyers rejected 97% of potential plaintiffs. Greenberg & Bederman has accepted only 5% of medical malpractice inquiries in 2007. Additionally, cases that are initially accepted by lawyers are dropped because they turn out to be weak. In short, lawyers must screen potential cases because:

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Social Security Administration Insurance


Here is an argument I hear over and over again from clients:“I paid into Social Security for years and I only want to get back the money I put into the system. Why do they make it so difficult for me to get back my own money?”

In reality, when you file a social security disability claim, you are not trying to just get your own money back. Nor would you want just that. Generally speaking, the money a person may have paid into social security over the years would not last very long if that was all a person could receive from the agency.

Let’s look at this a little closer. Most people are aware that employees must pay a tax or contribution usually referred to as FICA. This stands for Federal Insurance Contributions Act. For employees* in 2008 the tax rate (or contribution) is 6.2%** of income up to $102,000. So, the maximum amount a person pays into the system in a year is $6,324. Thus, if you had annual earnings of $102,000 or more in 2008, under the above argument you could only receive $6,324 a year. This translate to a monthly benefit of $ 527.00. This is way below the actual amount a higher earner would receive for his/her monthly benefits.

So, for social security disability purposes, think of your payment of the social security tax like a premium for insurance benefits. When you make a claim on a insurance policy, you expect the insurer to investigate the claim. Accordingly, you should expect SSA to investigate your application.

* The tax rate for self employed individuals is different.
** This does not include the Medicare tax.
Sources: www.ssa.gov; www.nosscr.com

To learn more about social security disability issues, please click here or to read about our social security disability lawyers in Maryland, please visit our website at G&B website.

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"I already have an attorney, but I am looking for a new one."

If I had a dollar for every time a potential client calls and tells me that, I would be a happy camper. Or I would at least be able to afford to fill my gas tank. But I digress.

So you have finally come to terms with filing a claim for disability benefits --- or any type of claim, such as a motor vehicle accident, slip and fall, or work-related injury --- and it seems like you have no idea what's going on with your case, and you are unhappy with whatever contact you have had with your attorney's office.

What's my advice? It's the same thing I would say to you if you told me you were unhappy with your medical treatment, your job, or your apartment.

Step 1: Make an appointment to speak with someone about your concerns.

For your medical treatment, it may be your doctor. For your job, it may be your supervisor or the human resources department. For your legal claim, it would be your attorney. Yes, we are busy, but we will make time to speak with you. If you are unable to find or afford transportation to meet with your attorney, you can make a phone appointment to discuss your case.

Step 2: Before your appointment, try to make a list of your questions and concerns, and ways to solve them.

Are you confused about what to expect and what's taking so long? When you retain our firm, we will  

            1) discuss with you exactly what to expect during the handling of your case,         

            2) explain the expected time frames,

3) inform you of when you can expect for us to check in with you and update you on the status of your case, and

           

4) let you know how much our representation will cost.

In fact, one of the documents you sign when you hire us answers all these questions.

What type of solutions could you suggest? If you are concerned that you never hear from your attorney's office, maybe you can ask them to send you a monthly statement as to the status of your case, or set up a monthly phone appointment with the attorney or his/her legal assistant. 

Step 3: Wait.

You didn't expect that? Well, you've shared your concerns with the other party, and if you were satisfied with their proposals of how to address your concerns, you have to give it some time to see whether they can follow through with what you have discussed.

If you are satisfied with how your concerns were addressed and the follow through from the firm, then I'd say stay with that firm. They've been working on your case, they seem receptive to your concerns, and it seems like they're keeping up with their side of the bargain.

However, if they were either less than open to your concerns, or followed through very poorly, then …

Step 4: It may be time to look for new representation.

At this point, you've done all you can do, and it may be time to cut your losses.

Contact our office, we will offer a free case evaluation, and let you know what we can do for you.

Please note: we cannot represent you until you have formally discharged your prior representative and they have waived their fees, and we would require written proof of this before we would even consider entering our appearance. But we will be able to offer a free consultation, and give you an idea of whether we would consider accepting your case.

To learn more about social security disability law issues please click social security disability law. To learn about our social security disability lawyer in Maryland, please click social security disability lawyer.

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Assumption of Risk

About every 6 months or so, I get the itch to do something adventurous. Recently, I investigated skydiving. After doing some amateur sleuthing into the requirements, etc., I noticed that in order to tempt the forces of gravity, I needed to sign a Waiver of Liability form. In essence, the waiver said: “If you are injured, we will not be responsible. If you die, we will not be responsible. You indemnify the company from any and all liability.” As a personal injury attorney, the giant, bright purple neon sign that reads “DANGER” began blinking in my mind’s eye.
In truth, many businesses that offer such high-risk adventures try to protect themselves from liability for injuries by getting customers to sign liability waivers. These provisions are extremely common for recreational activities that involve a higher-than-normal risk of injury, including: skiing, cycling, skating, bungee jumping, etc.
Without question, some of these activities are inherently dangerous. Throwing myself off a bridge hoping that a single strip of rubber will prevent me from injury is undoubtedly ripe with risk, regardless of how safe the activity’s track record might be. The inherent danger in these activities has an important legal effect – the application of the doctrine of assumption of risk
A person who knowingly engages in an activity is deemed to have accepted all of the risks of injury inherent to that activity. The negligent party will escape liability if the injury occurred in a manner that is inherent to the nature of the activity. The assumption of risk doctrine is an available defense in Maryland, DC, and Virginia.
The law does draw a distinction between express and implied assumption of risk. Express assumption of risk exists when, by contract or the like, a person agrees to accept risk (like in the skydiving example above). Implied assumption exists when the law implies a voluntary acceptance of an activity’s risk by looking to the person’s behavior, as opposed to some explicit agreement. As such, even without a written waiver or acceptance, a person can assume the risk and lose the right to recover for injuries. For example, choosing to attend a Nationals game may lead a court to determine that the plaintiff assumed the risk of being hit by a foul ball, if sitting in an area where such a risk is reasonable.
An express agreement that acknowledges risk and waives liability can also be overturned in extreme cases – if contrary to public policy. A property owner or manager who fails to take reasonable measures to prevent common, obvious injuries could be held liable. The best example is the nets behind home plate at a baseball stadium. Because foul balls in that area are such an obvious danger for people, it would be negligent if the stadium did not have them, regardless of any assumption of risk. Courts seek to prevent reckless owners from avoiding responsibility by using waivers of liability. This creates an incentive for property owners and managers to keep the property and/or equipment in good, safe condition for others.
Nevertheless, the assumption of risk doctrine is an important consideration when evaluating an accident. The doctrine seriously hampers most weather-related slip-and-fall accidents. The courts have consistently held that if a person chooses to walk, ride, etc., in bad conditions, they accept the risk of being injured. This is a topic the blog previously explored when I fell down the Metro escalator. Don’t worry...I’m fine now. Even pride heals.

To learn more about premises liability issues, please see our website at G&B website and click on premises liability.

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Determine Social Security Disability  Eligibility


Ever wonder what type of benefits you might be entitled to receive from the Social Security Administration. Wonder no more. You can find out in just a few minutes by going online to Social Security’s website (click here) and filling out their Benefits Eligibility Screening Tool (B.E.S.T.) (Click here to go to the B.E.S.T. tool.) This online questionnaire will help you understand what type of benefit, if any, you may be entitled to receive.

The questionnaire takes you through approximately 40 questions and, at the end, informs you of the type of benefits you may be eligible to receive. It also provides you with links so that you can further explore your eligibility. And, it provides a link so that you can file an application for certain benefits.

The beauty of this questionnaire is that you do not have to divulge your name or social security number. Accordingly, no personal records are assessed. As soon as you close the program, your information is erased.

There are some limitations. This screening tool will not help you determine the amount of your benefits, it won’t screen for whether you have enough credits, and it will not help you calculate Medicare prescription drug plan costs.

But, the questionnaire is great for a quick way to determine your eligibility for various social security programs.

To learn more about social security disability law issues please click social security disability law. To learn about our social security disability lawyer in Maryland, please click social security disability lawyers.

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Why Can’t You Work?

“Why can’t you work”, I ask the client. “Because I have arthritis”, replies the claimant. The diagnosis is helpful as a starting point but it doesn’t really tell me why the individual can’t work.
What matters is how badly the person is affected by the condition/disease. This is true for almost all conditions, even cancer.

Granted the diagnosis of cancer is scary to anyone, but there are many cancers which can be treated and cured in far less than 12 months, with little to no lasting effect. Of course, there are cancers which cause great and, often, prolonged suffering. The issue in each case is how sick is this particular cancer patient and how long is this person going to remain sick.

While the diagnosis of cancer strikes fear in the hearts of most people, the majority of people do not think of skin diseases being disabling. And, as a rule, while they are annoying, they are not considered disabling. Nonetheless, there are cases in which a skin disorder can rise to the level of disability.. The severity of skin conditions is assessed by considering the extent of the lesions, frequency of flare-ups, how the symptoms limit the particular individual, the extent of the treatment, and how the treatment affects the individual.

In the case of my client with arthritis, the question is “how is this individual affected by his/her condition”? In determining this, one must look at many factors including what objective findings are present, which joints are affected, how does this effect the person’s ability to walk, sit, stand, lift, etc, whether there are exacerbating factors such as obesity, whether there are side effects from medication that imposes limitations on one’s ability to concentrate, stay on pace, and/or persist at tasks, whether assistive devices are necessary, and whether there are any joint deformities, etc.

With very few exceptions, the mere fact that a person has a certain disease does not guarantee that the person will or will not be found disabled. It all depends on how sick/impaired the individual is. Remember that the diagnosis alone will very rarely be enough to prove disability.


Sources: 20 CFR §404, Subpart P, Appendix 1, www.nosscr.org

To learn more about social security disability law issues please click social security disability issues.  To learn about our social security disability lawyer in Maryland, please click social security disability lawyer.

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How Much Is My Case Worth?

Of all the questions my clients ask me, there is one I dread more than others – “how much is my case worth?” For lawyers, the ethical restraints of our profession prevent us from answering that question. More often than not, the problem with the question is timing. No lawyer should attempt to settle a personal injury claim before the client finishes his/her medical care or reaches the point of maximum medical improvement. Once that point is reached, the lawyer can review the particular circumstances of the case and use his/her experience to approximate a fair value range for the client’s claim.
There are many factors that go into a case assessment. A few of the most common factors are the type of injuries suffered, the treatment those injuries required, the length of that treatment, and the cost of that treatment. Also included in the valuation of a case is any lost wages as a result of injuries or other “special” damages (i.e., expenses for the client that would not have been incurred if not for the accident). A lawyer must also consider whether the client suffered a permanent injury, any resulting disability, and the need for future medical care. In some cases involving lacerations and the like, scarring or disfigurement is also evaluated.
When looking at these many factors (and there are many more to consider), a lawyer uses his/her experience to estimate what a judge or jury may award the client seeking compensation. This then becomes the baseline for negotiating with the at-fault party’s insurance company.
Insurance companies also evaluate claims. The worst-kept secret of the insurance industry is that they use a massive computer database to assist in their evaluation of claims. The insurance companies collect data on all claims that are submitted. They track those claims locations, injuries, treatments, and ultimate dispositions (whether by settlement or verdict in court). They then use this information to approximate their opinion of the value of the claim. Of course, the number value that the insurance company assigns to a claim is frequently different from the lawyer’s opinion of a claim’s value. The difference of opinion is worked through during the negotiation phase. If a fair settlement is not obtained via negotiation, the case must be litigated.
Injured persons should keep in mind that insurance companies want to settle claims for as little as possible. In addition, it benefits the insurance company to delay paying claims for as long as possible – they stick the earmarked amount (the insurance company’s original guess as to the new claims value) in an interest-bearing account thereby minimizing their ultimate loss on the claim.
As always, it is important that injured people speak with an experienced attorney prior to settling a claim to make sure that a fair amount is being offered.

For more information on personal injury case issues, please visit our website at personal injury issues. For more information on our personal injury lawyers, please click personal injury lawyers.

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Social Security pays Award in Installments

After two years of waiting and scraping by with Interim Disability Assistance (IDA), Temporary Disability Assistance Program (TDAP), food stamps, a medical card, and some help from friends and family, your Social Security Income claim was finally granted. You received your fully favorable decision and now are primed to receive your retroactive benefits.

After some more anxious weeks (or months) of waiting, a check arrives in the mail. With much anticipation, you rip open the envelope to discover that the check is only for three months worth of benefits. Shaking with anger, you call your attorney simply to discover that the Social Security Administration was correct. What? Why?

The simple answer is that this is the law. In 2006, President Bush signed a bill (S. 1932, Deficit Reduction Act of 2005) which, according to the SSA website, “requires that past-due monthly SSI [social security income] benefits that exceed three times the maximum monthly benefit (Federal benefit rate plus State supplementary payment amount, if any) payable to the individual be paid in up to three installments, 6 months apart”. The law also limits the amount of the first two installments to three times the maximum monthly benefits.(The maximum amount for an individual in 2008 is $637.) In the third installment you can receive the balance due.

There is an exception. In certain cases you can receive an increase. If you have outstanding debt relating to food, clothing , shelter, or necessary medical needs, you can request an increase. In such a case, you should gather proof of the outstanding debt or necessary medical need and contact your local office about obtaining an increase.

To learn more about social security disability law issues please click social security disability law. To learn about our social security disability lawyer in Maryland, please click here.

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Statute of Limitations Law

The law limits the amount of time during which a person can seek civil legal remedies. The amount of time given by law to bring a claim is determined by the relevant statute of limitations. If a person does not resolve a claim by settlement or file a lawsuit before the appropriate statutory date, then the claim is lost and barred forever. It does not matter whether the claimant has a good reason for not filing within the statutory period; the claim is lost.

In most jurisdictions, different types of lawsuits have different periods before the statute runs. For personal injury cases, the statute of limitations period starts at the time of actual injury (i.e., the date of accident). In Maryland and the District of Columbia, an injured person has three (3) years to settle or litigate a case before the statute prohibits recovery for the injured person. In the Commonwealth of Virginia, the statute of limitations for personal injury claims is two (2) years.
Under certain circumstances, the statute of limitations does not begin to run at the date of injury. For example, a minor’s action for pain & suffering does not being until the child has reached the age of majority – 18 years old. Other commons exceptions include those declared mentally incompetent, insane, in active military service, and incarcerated. Once those conditions are no longer applicable (e.g., the person is no longer insane), then the time starts to run.

Actions against the government or a subset of the government have special timing requirements. Although the general statute of limitations do apply to cases where a person is injured by the fault of the government, there are additional requirements that the government be placed “on notice” of a person’s claim. Failure to place the government on notice within the appropriate time has the same effect as missing the statute of limitations – the claim is lost. The time period for notice can be anywhere from 180 days to 2 years, depending on the relevant governmental agency.
Because of the various timing implications involved in an accident, it is important that injured people consult a lawyer immediately. Attorneys can then investigate the potential claim in order to understand its nature and make sure that the injured person’s rights are preserved. Waiting until the end of the statute of limitations makes a lawyer’s job particularly difficult and can jeopardize the strength of the injured person’s claim.

To learn more about personal injury issues, please see the personal injury law information.  and click on the personal injury law tab.  To see information on our personal injury lawyer, please click personal injury lawyer.

Greenberg & Bederman is a personal injury lawfirm located in downtown Silver Spring, Maryland, one half block from the Metro Station, one mile from the Washington DC line.  We serve the injured in Maryland, Washington DC, and Virginia.

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I’m not a doctor and I don’t play one on t.v. but, as a social security disability attorney, I have read a mountain of medical records. I’ve learned a lot through the years including how to decipher some really horrible handwriting. But, one scary thing I’ve noticed is that the records are rarely completely accurate. Some of the inconsistencies may be relatively minor and totally inconsequential to a social security disability claim. But, others can be extremely problematic.

Simple typos can create huge obstacles. For example, if the physician leaves out an important word like "not ", the whole meaning of the notation can change. And it may make all the difference in the world. For example, the doctor may write, "the patient states that he can walk 1 block without pain" when he meant to write "the patient states that he cannot walk 1 block without pain". You would be surprised how many mistakes like this happen.

Sometimes the error involves identifying the wrong extremity. This can lead to confusion, or in some cases, it can lead to a question of credibility. I see lots of incorrect data and it can lead to many problems including questions of identity.

Grammatical errors account for some of the problems. Simply using the wrong tense can create difficulties. Notations such as "patient is an avid hunter" instead of "patient was an avid hunter" can lead to misperceptions of current functional capacity.

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