Drunk Driving Injuries and Dram Shop Laws

    January 16, 2012

    Drunk driving is an epidemic in the United States. According to MADD (Mothers Against Drunk Driving) one in three people will be involved in an alcohol-related accident in their lifetime. Without a doubt, the person ultimately responsible for these accidents is the driver who made the decision to get behind the wheel. But most people who drink at home don’t have any need to go anywhere. That’s why some states have enacted what are known as “dram shop laws.”

    “Dram shop” is a legal term used to refer to an establishment that sells alcohol or liquor to the public. It may refer to a bar, club, liquor store or convenience or grocery store. Dram shop laws place a certain amount of responsibility on the establishment who sells alcohol to a person who’s already intoxicated if that person later causes a car (or other) accident.

    Variances in State Dram Shop Laws

    Contrary to popular belief, not every state has dram shop laws, some are limited if they do exist, and each state’s definition of what constitutes liability of the dram shop varies widely. Some states require an overt and obvious display of drunkenness, while others simply require that the establishment should have suspected they may be drunk. Still others allow someone who gets drunk and causes a car accident, including a minor who was served alcohol they knew they were too young to legally order, to sue based on their own injuries.

    In addition to dram shop laws, some states have an extension of this law known as “social host liability,” in which an individual hosting others at his or her home could equally be held responsible for letting them get intoxicated and drive.

    How Dram Shop Laws Affect Drunk-Driving Lawsuits

    Those who combat dram shop laws claim that these laws undermine the notion of personal responsibility and may unnecessarily complicate these cases. It’s also unclear whether these laws are effective. There are states that have limited dram shop laws that have drunk-driving fatality rates well below the national average, while those with strict laws can be above it. (Though these statistics can be skewed by the density of rural versus metropolitan populations in a state, the common values of individuals in the states, and more.)

    The fact remains that drunk driving-related car accidents continue to wreak havoc on the lives of millions of Americans each year. Whether you’re in a dram law state or not, these cases are complicated and often emotional and you need a lawyer who’s experienced in these cases. If you or someone you know has been injured or killed in a car accident involving a drunk driver, call law offices of Charles A. Gilman LLC at 866.676.7374 for a free consultation.

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    Car Accidents Involving Uninsured and Underinsured Motorists

    January 10, 2012

    If you’re a driver, you know that the law requires that we carry a certain amount of insurance to protect, not only ourselves and our property, but others we could injure in an auto accident. But according to USA TODAY (based on information from 2009 data from the Insurance Research Council), one in seven U.S. drivers has no insurance. That number has likely increased due to the down economy.

    But what does that mean for you if you’re unlucky enough to be in an accident with one of them? In most cases, the reason someone doesn’t have insurance is economic. If they don’t have the money to pay for insurance, you may feel you’re unlikely to recover damages in court. That doesn’t mean you’re on your own.

    Uninsured / Underinsured Motorists Insurance

    Many states require that you have this valuable coverage. Even if they don’t, it’s usually still an option. If you have uninsured motorists coverage, you’ll have to file a claim with your insurance company. You should contact an attorney to help you. Insurance adjusters don’t have any special legal or medical training. There are things your attorney, working with your doctor, may be able to do to help you increase the amount of your payout.

    If You Don’t Have Uninsured Motorists Coverage

    If you don’t have uninsured motorists coverage, recovery is tricky, but it’s not impossible. You may not get as much money as you need, but with a qualified attorney on your side, you can maximize your recovery. You can sue the uninsured motorist in court.

    If it’s a large payout, you’re right that it may be hard to for them to pay the full amount you’re awarded, but if they default on your payment, your state’s Department of Motor Vehicles or Department of Transportation may be able to step in. Also, just because the individual doesn’t have the income to pay your claim doesn’t mean he or she does’t have any valuable assets.

    In an Accident with an Uninsured or Underinsured Driver?

    If you’ve been in an accident with an uninsured or underinsured driver, follow the same procedures you would in any other accident. Don’t neglect to call the police because you empathize with them. Filing the report doesn’t mean you have to sue them. But you may need it later. Then call an experienced personal injury lawyer.

    If you’ve been injured in a car accident, contact the law offices of Charles A. Gilman LLC at 866.676.7374 for a free consultation.

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    Car Accident Serious Injury Thresholds

    January 6, 2012

    As anyone who’s ever been involved in one knows, lawsuits are can take a long time and be quite expensive. (That’s why you see commercials for personal injury lawyers saying, “We don’t get paid until you get paid.”) But it isn’t just expensive for those who are involved. It also takes up valuable time for the court (and all the people who work there), which is often backed up as it is. To combat this, some states have passed laws containing serious injury thresholds that affect how you receive money from claims before a case gets to court.

    Why Serious Injury Thresholds Exist

    Some states have passed what are called “no-fault” laws. No-fault states are: Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania and Utah.

    In these states, lawmakers have written a series of thresholds of serious injury into the law. They have the obvious ones you might expect (fracture, loss of an organ, dismemberment or disfigurement, etc.), but they also have provisions that allow determinations to be made based on your doctor’s input.

    Every state’s law varies, of course, but basically, these serious injury thresholds (and the no-fault laws they’re a part of) mean you don’t have to go into court and prove the defendant was at fault, then prove to what degree. Both drivers’ insurance companies review all the relevant documents (police report, photos, etc.) and (abiding by the laws of the state) determine what percentage of fault goes to each party and pays the claims up to the amount of insurance purchased.

    The good news is, you get money to cover your medical costs, rehabilitation bills and lost wages relatively quickly. The bad news is, in most of these states, you may not be able to sue for additional damages like pain and suffering.

    Do I Need a Lawyer?

    Most states, Maryland for example, don’t have serious injury thresholds. This means youwill have to prove who’s at fault and to what degree. But whether you’re in a state like New York (that has detailed no-fault laws) or Maryland, your first step should always be to contact a personal injury lawyer. We can help you with everything from filing the paperwork to maximize your payout from the insurance company to taking the other driver to court.

    If you’ve been injured in a car accident (or any other kind of accident), call Charles A. Gilman LLC at 866.676.7374. Our personal injury experts will help you decide what’s best for you.

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    When To Settle a Personal Injury Claim

    December 18, 2011

    When most people file a personal injury claim, they don’t think about what happens when they’re offered a settlement. How do you know whether to take it? Is it fair? Will you lose money if you keep going?  When to settle a personal injury claim is a very individual question, but you can ask yourself a few questions that may help.

    Why are they offering a settlement?

    If you have a personal injury lawyer, they’ll probably be able to give you a fairly accurate guess. But if you haven’t hired one yet, this can be a difficult question to answer.

    They could be offering you a settlement because they know they were in the wrong and want to make it right. It does happen. But that’s rare. Really rare. Even if their heart is in the right place, have they factored in all the damages or future medical costs? Have you? And to further complicate matters, if they’ve hired an attorney, you may be at a disadvantage. It’s best to think of the non-altruistic reasons they could be offering a settlement. If something just doesn’t add up, hire your own personal injury lawyer to walk you through it.

    Did they offer you a big settlement you didn’t expect?

    If the person you’re suing offers you exactly what you wanted (or more), be suspicious. Their attorney likely sees that if it goes to court, they’ll lose. This is a good time to re-evaluate. There’s clearly something you’re missing or something they know that you don’t.

    You need to do more research. Look into cases like your own. Look in your own state if you can. If you haven’t already, talk to a personal injury lawyer. We (personal injury lawyers) usually give free consultations, so taking an hour to talk to one of us won’t hurt.

    Are they offering you less money than is fair?

    This is a common thing when you’re dealing with insurance companies. They’ll give you as little money as they can. Don’t blame them; it’s their job. But you aren’t required to accept the deal they offer, either. (Hint: They hope you will, but they don’t expect you to.) If they offer you less than you feel you deserve, don’t hesitate to give them a counteroffer. Usually, having a personal injury lawyer can mitigate this. If you’ve hired a pro, they know we’ve got your back and that you’re serious about getting what you deserve.

    How to Protect Yourself

    We all pay taxes and are capable of doing it ourselves, but we don’t all know the best ways to file them… the ways that will leave us with the most money and still keep us in line with the law. The same is true of hiring an attorney. The law is complex. The best way to get the money you really deserve is to hire one.

    If you’ve been injured and someone else is at fault, call Charles A. Gilman LLC at 866.676.7374 for a free consultation. Unless you’ve accepted a settlement, it’s never too late to get a lawyer involved.

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    Slips & Falls Are Back! What Everyone Should Know

    December 14, 2011

    It’s that time of year again.  Soon, we’ll all be hustling and bustling around the city collecting gifts for loved ones and preparing for holiday travel. In many areas, snow is already on the ground, and where it’s not, it’s coming soon. Nothing makes it feel more like the holiday season like a thick, white blanket on the ground. But with that picturesque weather comes the danger of slips and falls.

    Slip and fall cases are common this time of year. Many are tempted to represent themselves, but these cases can be deceptively complex. Take the case of Mary Thomas, for example.

    Mary Thomas v. Panco Management of Maryland

    Mary Thomas left her apartment complex one evening to pick up her granddaughter from church. On her way down the stairs, she slipped and fell on a patch of black ice. A neighbor who came to her rescue also slipped a little on the same ice (but wasn’t injured). Mary, who broke her leg, sued the apartment complex, noting that she hadn’t seen any salt on the sidewalk all day (meaning that the apartment complex didn’t engage in due diligence to prevent the fall and was therefore negligent).

    Seems like an open and shut case, right? Clearly, the apartment complex was in the wrong. Mary wasn’t doing anything out of the ordinary and the owners of an apartment complex in a place like Maryland (where snow is a common occurrence) should know they need to de-ice common stairs and walks. But that’s not how it went.

    What Went Wrong?

    During the trial, the apartment complex filed a motion to have the judge decide the case (rather than the jury) because, as they asserted, Mary assumed a certain amount of risk by leaving her apartment that night because she was aware of the potential risk. The judge agreed and ruled against Mary.

    Had Mary been representing herself, the case likely would’ve ended there. But Mary’s personal injury lawyer knew something she didn’t, and appealed the decision, taking it to a higher court, the Court of Special Appeals. That court upheld the original decision, so her lawyer appealed again.

    This time, the higher court (the Court of Appeals) overturned the decision of the original judge. They agreed with her lawyer that the judge should have sent the case to the jury because it wasn’t a simple, black and white matter of law, which is the only time a judge should rule that way.

    What It Means

    Mary’s attorney appealed because the original judge made an error. Our legal system has fail-safes in place for just such instances. It recognizes that judges are only people, and despite their vast knowledge, are capable of mistakes. It worked, too. The case was remanded back to the original court with instructions to allow the case to go to trial.

    The law is complex, and in most cases, representing yourself isn’t a good idea. If you’ve been injured in a slip and fall accident and you’re wondering whether you should represent yourself, you don’t have to make the decision based solely on internet articles. Just call Charles A. Gilman LLC at 866.676.7374. Our personal injury experts will listen to the facts of your case and help you decide what to do next.

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    Lump Sum Payments vs. Structured Settlements

    December 10, 2011

    You’ve probably seen that really odd (but somehow charming) commercial in which a bunch of everyday people are standing in a bus singing operatically about their need for “cash now.” That’s actually referring to a structured settlement.

    Most people don’t realize that their are two options for the way you receive your money once you win a personal injury claim. It’s probably something you should consider carefully before the claim or case is settled, as there are complex factors involved. Let’s take a look at the two types of payment options and their pros and cons.

    Lump-Sum Payment

    A lump-sum payment is exactly what it sounds like. You get all of your money up front. While it may sound like a great option to get $30,000 right now, you should think twice about it. Sure, it can help you pay off medical bills or get you caught up on your house payment if you lost money because you were unable to work, but there are some disadvantages.

    First, most people find it really difficult to avoid the temptation of spending it. It may see like a great idea to add an addition to your house or buy an expensive new car, but there’s a reason you got that settlement. Even once your immediate medical bills are paid, you may have recurring medical bills if it’s a permanent injury. Where will you get the money for that?

    Also, even though the lump-sum payment itself is tax free, if you want to invest the money to increase the payout, you’ll pay taxes on the investment.

    Structured Settlement

    Structured settlements pay out just like your car loan or mortgage (only in this case, you’re the payee). A company, like a life insurance company, purchases your settlement in the form of an annuity. That company invests the money in something that’s tax-free, like a U.S. Treasury Security. In exchange for letting them invest the money, you get a cut of the profits, which increases your payout over time.

    It can also be structured so it pays your current medical bills directly or gives you a larger lump sum up front so you can catch up on any unpaid expenses before you start receiving smaller payments.

    The obvious benefit is that you get more money and aren’t taxed on the profit (as you would be if you invested it yourself). It also ensures that the money comes in slowly over time so you always have a little something to cover additional medical bills.

    But there is a disadvantage. If the company that purchased your annuity (and is paying you) goes out of business, there is the possibility you could lose the unpaid balance. Also, once you’re locked in, you can’t change the payments or the payment schedule and you don’t get an increase in payments to adjust for the cost of living.

    One more note. Be careful selling your structured settlement. You will lose money when you do. That’s how the company who buys it makes money, which in and of itself is perfectly fair. But there some not-so-reputable companies out there that prey on people who may not know what they’re getting into (and not all states have laws that keep them from doing so).

    Which One’s the Best Option for You?

    It depends. Your personal injury lawyer will probably advise you on which one to take. If you go with structured payments, then later decide to sell it, you should also consult your attorney before doing so.

    If you’ve been injured, contact the law offices of Charles A. Gilman LLC at 866.676.7374 for a free consultation.

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    Personal Injury Claims vs. Personal Injury Lawsuits

    November 24, 2011

    Many people don’t know the difference between a personal injury claim and a personal injury lawsuit. As such, there’s much confusion about when to bring a lawyer into the process. In many people’s minds, you don’t need a lawyer until you decide to file a lawsuit, but as is often the case with legal matters, it’s not that simple.

    Personal Injury Claim

    The claim is the first step in the process. A claim isn’t filed with the court, it’s filed with the insurance company (either theirs or yours, depending on the situation). Seems simple enough. So simple, in fact, that a lot of people handle this process themselves. In some cases, that’s not a problem, but in many cases, you should actually consult a personal injury lawyer before you file the claim.

    Dealing with insurance companies can be a bit tricky. They have dozens of lawyers (and an insurance adjuster who’ll be assigned to your case) who’s goal is to find a legal reason to deny your claim. Any misstep in the claims or documentation process could cost you dearly.

    Given that most personal injury lawyers give free consultations, there’s no reason you should start the process on your own until you’ve consulted someone. In fact, sometimes, the mere presence of a lawyer helps to show you’re willing to go to court, which may make the negotiations go more smoothly. And since most of the lawyer’s pay comes out of the damages you’re awarded, the out-of-pocket expense for you should be negligible (if anything at all).

    Personal Injury Lawsuits

    A lawsuit is what happens when the negotiations after the claim don’t end in a settlement. The lawsuit gets filed with the court. You should always have a lawyer handle the process at this point. Hopefully, if you handled the claims and negotiations yourself, nothing happened to make his or her job harder. Even if it did, part of a lawyer’s job is to minimize damage.

    A lot of times, lawyers file suits to put a deadline on the negotiation process (another good reason to get them involved before you file the claim). Filing suit still doesn’t mean you necessarily have to go to court (though you should know that it’s a possibility).

    How to Know When to Call a Lawyer

    The ultimate decision is your own. However, we recommend getting them involved as early as possible. If you’d like a free consultation with Charles A. Gilman LLC, call  866.676.7374. There’s no cost and no obligation when you call us. But not calling a lawyer could cost you a lot.

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    Good Samaritan Laws

    November 17, 2011

    These days, it seems like running to the rescue could make you the villain instead of the hero. Save a life by giving CPR… get sued for breaking their ribs. Is it worth it? That’s why most states (most countries, actually) have laws commonly known as “Good Samaritan Laws.” These laws are in place to prevent a bystanders’ hesitation to give aid in an emergency situation. They’re also in place to give accident victims who’s injuries are made worse by a reckless rescuer the right to compensation.

    These laws can be complicated, though, and do vary by state. In general, a “Good Samaritan” is someone who doesn’t have a prior caregiver (parent, doctor, nurse) relationship with the person who was injured. They also can’t be the person who was responsible for the injury. Additionally, they can’t be monetarily compensated for their first aid. In some states, this may give medical professionals protection under Good Samaritan Laws when they aren’t performing rescue duties as part of their employment.

    Since Good Samaritan Laws do vary by state, if you’re involved in a personal injury case involving someone who may have protection under Good Samaritan Laws, you should consult a personal injury lawyer. Either way, there are four main components of any state’s Good Samaritan Laws.

    Imminent Peril

    New York’s laws give immunity for those who assist in an emergency. It’s not usually that simple, though. Some states require that the injured party be in “imminent peril” in order for the rescuer to receive immunity. By “imminent peril,” they usually mean that the victim will probably die if someone doesn’t offer aid. Otherwise, the rescuer could be considered reckless.

    For example, if someone witnesses a car accident and there’s no threat of another collision, a fire, etc., and a bystander pulls them from the car, during which they suffer paralysis, the bystander isn’t protected by Good Samaritan Laws. If the car’s engine catches on fire and the blaze moves toward the cab and the same thing happens, the bystander is probably protected by Good Samaritan Laws.

    Consent

    You can’t be protected under Good Samaritan Laws if the victim (or their parent or guardian in the case of a minor) declines aid. But if the victim is unconscious, intoxicated, delusional or in any way deemed mentally unfit, consent may be considered “implied.” This could also be the case if the victim is a minor and a parent or guardian isn’t immediately present.

    First-Responders

    Some states only give Good Samaritan protection to those who have basic first-aid training and / or who are certified by recognized health organizations (so long as they act within the scope of their training). This may apply to EMTs or paramedics in some states, though it’s important to realize that having formal medical training (especially a medical license) may affect a person’s protection under the Good Samaritan Laws.

    Duty to Rescue

    In the U.S., Good Samaritan Laws don’t imply you have a “duty to rescue.” Some states (i.e., Vermont and Minnesota) have a provision that requires you to offer reasonable assistance. That doesn’t mean you have a duty to attempt medical treatment. It may be as simple as the duty to call 9-1-1.

    Good Samaritan Gone Wrong?

    If you’ve been the victim of an overzealous good Samaritan, call our 24-hour hotline at 866.676.7374. We’ll help you through the difficult decision of whether to sue someone who attempted to help you.

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    Who Can File a Personal Injury Lawsuit?

    November 3, 2011

    If you’ve been injured in an accident, you may be wondering whether you can file a personal injury lawsuit against the person at fault. That depends on a number of factors. The best way to find out whether you can and should file a claim is to consult a personal injury lawyer. But there are a few rules of thumb everyone should know.

    You’re on the Clock

    Every state has a statute of limitations, which is the maximum amount of time someone can be held accountable for their actions (these exist for criminal law, too). In some states, the statute of limitations is as little as 30 days. In others, it may be several years. Either way, you should file suit as soon as possible after the accident occurs. Not only will the court take the claim more seriously, but witness’ memories may be more accurate, as well.

    You Must Have a Valid Claim

    To file a lawsuit, you must have a valid claim. Having a valid claim means that your claim can be settled in court and that it isn’t based on fraud and isn’t frivolous. You must also be able to establish that the person you’re suing is liable (through negligence or breach of duty) for the injuries you sustained.

    If someone opens your unopened, autographed limited-edition Wesley Krusher action figure, you can sue for the monetary loss you sustained. You can’t expect the judge to subpoena actor Wil Wheaton to appear in court at the defendant’s expense to sign another action figure the defendant purchased. You also can’t file a claim against another driver you had an accident with if your case is based on a neck injury you sustained lifting your couch at home.

    You Must Have a Legal Claim

    If you want to sue someone for your personal injury, you have to have a legal claim. That means you’ve sustained an actual injury. If you injure yourself when you slip and fall on a puddle in a business’ lobby, you have a legal claim. If walking around that puddle caused you to miss the elevator and you didn’t have time to straighten your tie before a meeting, you don’t have a legal claim.

    Were You the Victim of a Crime?

    Some criminal acts are also considered civil wrongdoings, and you can sue the perpetrators of those crimes in a separate civil proceeding (even if they were found “not guilty” in the criminal case). For example, if you’re injured by a mugger, he may be charged with several crimes, including assault and battery. You can sue the mugger in civil court for monetary damages, as well.

    There’s More to It Than That

    Unfortunately, many things affect not only your ability to sue, but whether or not you should. We couldn’t possibly cover them all in a single blog, but we do offer a free consultation to help you decide. Don’t try to determine whether you have a claim by yourself. Call Charles A. Gilman LLC at 866.676.7374 and let a personal injury lawyer help you work through your options.

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    How to Work with Your Personal Injury Lawyer

    September 29, 2011

    Most people don’t think about working with lawyers until something happens. If you’ve been injured in an accident, you probably have a lot of questions about what it will be like. First, you should know that these cases can potentially take years. Other than that, you need to know the best ways to help your lawyer do the best work he or she can for you.

    The Initial Consultation 

    Most personal injury lawyers give an initial free consultation. During the first consultation, we’ll need to know more about your case. We’ll ask you questions, some of which may be pretty personal. It’s important to tell us the truth. If you lie to us or obfuscate the truth at any time during the course of the case, it could come back to haunt you in court.

    Pre-Trial Process

    Your lawyer will now take some time to do research, file the necessary paperwork and await contact from the defense attorney. During this time, we may contact you or request follow-up meetings to get more information about the accident or the documentation. It’s important to get us the information we need promptly and to attend any meetings you schedule.

    The process varies slightly depending on your specific case. But in general, this is when both attorneys get the facts in order and determine how they will proceed. We’ll tell you how we think you should handle the case and need your honest feedback. If you aren’t comfortable with the advice we’re giving, tell us immediately. Tell us why so we can come up with a solution.

    We (you and your attorney) may have meetings with the defense in an attempt to reach a settlement. There will be depositions and motions will be filed on either side to introduce or exclude evidence.  During this time, we may also advise you about how to interact with the defense, what to say to the insurance companies or even what (not) to post on social media sites. To help ensure your case has the best outcome possible, take the advice seriously and know that there could be consequences if you choose not to follow it.

    This can be a very long and tedious process and it’s important to know that just because things seem to be moving slowly doesn’t mean your personal injury lawyer isn’t working on it. These things take time.

    Going to Trial

    If a settlement can’t be reached, you’ll have to go to trial. Your attorney will prepare you for your testimony and cross-examination by the defense attorney. Once you get on the stand, we have to follow proper court procedure, we can’t answer for you, and we can’t stop the defense from asking questions just because you’re uncomfortable.

    Because of this, it’s a good idea to make sure you feel prepared for what will happen once the trial starts. Ask lot’s of questions and if you aren’t sure about something, ask your attorney before the trial begins. If you’re nervous about testifying or cross, now is the time to tell us.

    How Do I Know I Can Work with My Personal Injury Lawyer?

    Ask a lot of questions during the pre-trial consultation. The more you find out then, the more you’ll know about whether it’s a good fit.

    If you need a personal injury lawyer or if you don’t like working with the one you have, call Charles A. Gilman LLC at 866.676.7374 for a free consultation.

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