Answers to your Maryland car crash questions and concerns
We regularly post questions and answers that our clients ask about their Silver Spring auto accident cases. Visit this section regularly to find answers to your Maryland truck crash or auto accident questions. The Silver Spring accident attorneys at Nickelsporn & Lundin, P.C. represent victims who have been injured in auto accidents in Maryland, including Hyattsville, College Park and Lanham.Auto Accidents FAQs
With all the news about the dangers of cell phone use behind the wheel, are people still texting and driving?
Will my case be affected if my lawyer hasn’t taken a case to trial before?
You Want a Tough Attorney
If you hire a lawyer without trial experience, you might second guess the settlement he or she accepted. Did your attorney recommend that you accept the settlement offer because it was fair or because he or she didn’t want to go to trial? You may never know unless you have an attorney in your corner ready and willing to go to court. Although an accident attorney without trial experience may have the knowledge to deal with your injury claim and know what your case is worth, it is an entirely different ballgame to take a case before a jury. You need to know that you have an attorney on your side who will push back and not accept an unfair settlement. You need a lawyer who makes the other side take your case seriously and will threaten trial in order to collect the compensation you deserve. Do yourself a favor and ask an injury lawyer questions before hiring him or her. Does the law firm have the resources to take your case to trial, if necessary? What are some of the law firm’s past jury verdicts? By knowing the answers to these questions, you can rest assured knowing you will get the maximum compensation possible in your case.If I get a second opinion, will the insurance company question my personal injury claim?
There are many car accident victims whose injuries aren’t fully apparent immediately after an accident. Sometimes injuries take days or weeks to show up, and sometimes one test might not be conclusive and more testing needs to be done to determine what type of injury you suffered. If your family or emergency room doctor didn’t find a specific injury or if they aren’t planning on conducting more tests to diagnose the cause of your pain, it is essential to have a second opinion.
Sometimes people get second opinions because they feel they aren’t getting good medical care and other times they seek additional advice before they agree to a surgery. It is your right to get a second opinion, as it is important to your health as well as to your potential personal injury claim.
If you are already pursuing a car accident claim, your lawyer might have you see another doctor for several reasons. Mainly, it is important to your health to have the best medical care, but your attorney might also have you switch doctors because he or she knows the importance of having a doctor who can appear comfortable as a witness in court.
Independent Medical Exams: Don’t Go it Alone
Although the insurance company will look for anything they can to try and deny your claim, your attorney should be able to explain why you saw a new doctor. You should know, however, that the insurance company may require you to submit to an independent medical examination (IME) if they question the extent of your injuries. It is important that your attorney prepares you before an IME or even attends it with you because the doctors who conduct these exams often act like insurance claims adjusters and not neutral medical examiners.
Seeking the best and most thorough medical care is your right, but protecting your legal rights is just as important. If an insurance company is giving you a hard time about the medical opinions you have received in your accident injury claim, connect with us through our live chat feature now.
Truck Accidents FAQs
Can I sue for psychological problems I’ve been suffering following a bus accident?
Yes. Psychological issues are very real injuries for many victims of traffic accidents. Any type of crash can be traumatic and cause someone to suffer emotionally, mentally, and behaviorally, but a major bus accident can be particularly difficult to recover from for many victims. Because psychological issues can impact many areas of life, people who suffer emotionally and mentally after a crash deserve to be compensated for their losses.
Before you are able to collect compensation for psychological trauma caused by the crash, you will need to be diagnosed by a medical professional. Whether you have been diagnosed with an anxiety disorder, panic disorder, Post-Traumatic Stress Disorder (PTSD), or a mood disorder such as depression, it is very likely you can make a financial recovery for your injuries.
Since a disorder such as PTSD can cause a person to feel disconnected and emotionally numb, this disorder can affect a person’s personal relationships. In addition, PTSD can cause insomnia and trouble concentrating, which can also affect a person’s professional life. Changes such as these can be long-lasting and require professional help.
Not only are these injuries real, but they can be expensive to treat. Because you will need many counseling sessions by a licensed therapist, the medical costs to help treat your psychological disorder can add up quickly. In addition to medical costs, you may be able to collect compensation for pain and suffering, which is the emotional trauma you suffered in the bus accident.
To learn more about pursuing damages following a bus accident, you should contact our office for a free consultation today at (301) 942-9118.
Who pays for medical bills following an accident with a semi?
Because Maryland has a fault system in place for car accident claims, the party who caused the trucking accident will be responsible for all the damages. For example, if the truck driver caused the crash, the insurance company for the truck driver or trucking company would be responsible to pay your medical bills.
While this may sound great, it is important to note that medical bills aren’t typically paid by the other side until an injury claim is settled. Generally, you wouldn’t want to submit an injury claim until you know the extent of your injuries and have recovered or reached a point of maximum medical improvement from your injuries. This way you will know how much your medical bills have totaled in order to collect the correct compensation. However, getting to this point can take many months or even years due to the seriousness of your injuries.
In this case, you should submit your medical bills to your own insurance carrier under your Personal Injury Protection (PIP) coverage; however, there are limits on PIP coverage. If your medical bills add up to more than your policy limit, you may have to submit the remaining medical bills to your health insurance carrier. While these avenues can help you get your medical bills paid initially, you will still want to pursue a claim against the insurance company for the truck driver to collect all the damages you deserve.
If you are successful in making a financial recovery from the other driver, you will have to repay your health insurance company for a portion of the bills they paid but you won’t have to repay your insurance company for bills covered under your PIP coverage. To learn more about your rights and how to pursue a claim to get the most compensation, request a free copy of our report, 10 Tips to Get the Maximum Compensation After a Maryland Auto Accident.
Are all personal injury lawyers equally skilled at handling truck accident cases?
There are a lot of law firms in Maryland and many personal injury lawyers who want to represent you; however, not all of them are experienced in truck accident claims. Although a lawyer may have experience representing victims of car accidents, handling claims for victims of truck accidents is much different. For this reason, you should learn what’s important when hiring an attorney to handle your personal injury claim against a trucking company, such as:
- Past successes. Many people can talk the talk, but not every lawyer can show you successful results in past trucking accident cases. If you are considering hiring a certain law firm, ask them what kind of results they received in cases similar to yours. A lawyer who has successful results won’t be shy about sharing them with you.
- Trial experience. Some lawyers don’t have experience taking cases to court, and the other side knows which attorneys always settle. It’s not uncommon for insurance companies to base their settlement offer on your lawyer’s experience. This is why it is critical to your case that you choose an attorney who has experience in court and isn’t afraid to pursue your case at trial, if needed.
Hiring the right attorney matters in getting the financial recovery you want and deserve. This is why it is important that the lawyers you are considering provide you with a free consultation so you can get to know them and ask them questions about their experience and past case results. To talk with us about your case, call us at (301) 942-9118 for a free consultation. We’d be happy to answer your questions and share with you our experience and past successes.
Motorcycle Accidents FAQs
Are there red flags I need to be aware of when dealing with an insurance adjuster after a motorcycle accident?
Yes. Although there are many insurance adjusters who are honest, the goal of an insurance adjuster is to save his or her company money. This means that even if you have a valid case and you are truly injured, an insurance adjuster will be looking to pay you as little money as possible. Because of this, it is important to know how an insurance adjuster’s words, actions, and gestures could be potential red flags that could negatively affect your case. For example:
- Words. If an insurance adjuster tells you that he is on your side, it’s important to remember that he may be saying this because he wants to earn your trust and get you to accept a small settlement offer. Also, if an adjuster tells you not to hire an attorney, you should wonder why. When attorneys get involved, settlement offers generally increase exponentially.
- Actions. If an insurance adjuster won’t stop asking you for a recorded statement, you should be concerned. An adjuster will like to get your statement for the record in case he can use anything you say against you to limit your financial recovery.
- Gestures. When an insurance adjuster sends you a check for a settlement offer, it is important not to get excited about the money and cash the check. The adjuster’s goal is to get you to accept a quick settlement before you realize the extent of your injuries or how much your case is worth. So if an insurance adjuster is moving fast to settle your case, it should be concerning.
If you are ever concerned about the way your case is being handled by an insurance adjuster, you can always call an experienced accident attorney and get a free consultation. You can reach our office at (301) 942-9118, or you can request a free copy of our book 10 Tips to Get the Maximum Compensation After a Maryland Accident.
Do I pay legal fees up front to be represented by an attorney in a motorcycle accident claim?
At Nickelsporn & Lundin, we work on personal injury claims on a contingency fee basis. This means you do not have to come in with any money or pay any attorney fees up front. If we agree to take on your motorcycle accident case, all we’ll ask of you is to sign our contingency fee agreement so we can get started on representing you immediately—with no money exchanged.
By working with our attorneys on a contingency fee basis, it simply means that the legal fee for handling your case will be contingent on the result of the case. For example, if we aren’t successful in getting you a financial recovery, you owe us nothing for our work on your case. On the other hand, if we do get you a settlement or successful jury verdict, our legal fees will come out of that financial recovery at the very end of the case. Legal fees range between 33.3% and 40%, depending on whether your case is settled, mediated, or litigated.
It is important for you to know that a contingency fee agreement is in your best interest because the attorney working on your case will want to get paid for his or her time and effort. By working with us in a contingency fee agreement, you can rest assured knowing that we are doing everything we can to win your case and get you a sizeable recovery.
If we are successful in winning your case, you will receive a log showing our legal fees and other costs our law firm has paid out on your behalf, such as court fees and other costs associated with an injury claim. To talk with us about hiring our firm to represent you in your motorcycle accident claim, or to learn more about contingency fee agreements, feel free to click the chat button to the left of the screen. We’d be happy to answer your questions in a free consultation.
Do I have a case if I apologized to the other driver after my motorcycle crash?
It is very common for people to apologize to others, even if they didn’t do anything wrong. Many people say “I’m sorry” as a way of being polite; however, if the other driver told his insurance company you apologized, they will try to deny your injury claim. This is because Maryland accident claims fall under a rule called contributory negligence.
While most states have laws that fall under comparative negligence, Maryland reviews accidents under contributory negligence. The difference is that under comparative negligence, someone who is partially responsible for an accident can still receive compensation. For example, one person may have been only 10 percent at fault for a crash, allowing him to make a 90 percent recovery. However, the law doesn’t work this way in Maryland.
If you were even slightly responsible for the motorcycle crash you were injured in, contributory negligence won’t allow you to make any type of recovery. This is because the rule in our state doesn’t allow any driver who contributed to a crash to make any type of financial recovery from the other driver. The only way you would be able to make a financial recovery is if the crash investigation revealed that the other driver was 100 percent at fault for the collision.
If you really didn’t do anything to contribute to your motorcycle crash, you can hold the other driver liable for your damages. But because the other insurance company will look for ways to prove your negligence, you and your accident attorney will need to fight back to make sure you get the compensation you are due.
Family Law FAQs
What should I do when I discover my spouse is cheating on me?
When you catch your spouse in adultery, it’s normal to feel hurt, angry, and confused all at the same time. You likely have dozens of unanswered questions and mixed feelings.
Before you take drastic actions—such as immediately filing for a Maryland divorce—your very first step should be to seek counseling from a professional who can help you sort through all these confusing feelings.
Next, you will need to make some tough decisions, including whether or not to stay married. Here are some questions you will want to ask yourself when deciding what to do after finding out your spouse has been unfaithful:
- Do you still love your spouse?
- Are you willing to work on forgiving your spouse?
- Can you imagine a day where you might be able to trust your spouse again?
- Can you picture a future with your spouse?
- Do you want to stay married, or are you set on a Maryland divorce?
- Is your spouse sorry for what he or she did (or just sorry about getting caught)?
- Is your spouse wiling to give up the affair?
- Is your spouse willing to get counseling or other help?
- Do you believe your spouse can stay away from temptation in the future?
- Does your spouse want to stay married, or is he or she asking for a divorce?
The answer to many of these questions may very well be “I don’t know” at first. When you’ve been hurt by a cheating spouse, the healing process takes time and hard work. It may be months before you even know whether or not your marriage can last.
If you or your spouse is unwilling to continue the marriage, it’s time to talk to a Maryland divorce attorney about other options. Call Nickelsporn and Lundin, P.C. at 800-875-9700.
What are the signs of a vindictive spouse when trying to agree on Maryland divorce terms?
Whenever you’re dealing with divorce, it’s common for conversations to get heated and feelings to get hurt. You’re talking about a person who was once very close to you, who knows you very well, and therefore knows what buttons to push to get you mad or how to hurt you the most.
Sometimes, one spouse uses this information to become a vindictive, spiteful ex-spouse, which makes the divorce process in Maryland that much more difficult and complicated. Here are a few possible signs that one of the spouses is being vindictive:
- Purposefully saying hurtful things
- Making personal attacks
- Lying about the spouse to the judge, family, or friends
- Demanding things he or she knows the other spouse wants
- Acting out of anger rather than acting rationally and calmly
- Going back on his or her word
There’s a difference between being vindictive and fighting for what you really want. A vindictive person will flat-out refuse to compromise and demand whatever he or she knows the other spouse wants most.
A person who is simply fighting for a better deal is willing to negotiate but knows when to stand firm—without getting angry.
Sound like a lot of work? It is—especially when you’re trying to discuss terms with someone who was once your best friend. Hurt and anger are common (and valid) feelings that are hard to overcome.
That’s why so many divorcing couples rely on the experience of a skilled Maryland divorce lawyer to help negotiate the details during this difficult time. To see how we can help you, call 800-875-9700 to speak to the attorneys of Nickelsporn and Lundin, P.C.
My spouse and I recently have decided to divorce. What expenses should I expect when I’m going through divorce proceedings in Maryland?
It seems like everything costs money these days, and Maryland divorce court is no different. You paid to get married, and you also must fork out some money to get divorced.
Don’t be surprised if you find yourself reaching for your checkbook more often than you might expect. A divorce in Maryland can easily cost a minimum of $10,000, and much more if you have a contested divorce.
A few common costs you can expect to incur in divorce proceedings include:
- Fee for filing for divorce in Maryland
- Costs for obtaining any requested official paperwork regarding your assets, debts, etc.
- Hiring a mediator to help negotiate the divorce settlement
- Hiring a skilled Silver Spring divorce lawyer to protect your rights in the divorce proceedings
If you cannot afford to pay court costs, you might be eligible for a waiver. Ask your attorney for details.
Don’t forget the non-court expenses you will need to pay, too. If you and your spouse are at the beginning of the divorce process, you might still face the expenses of dividing a household.
For example, you likely will need money for rent on a second apartment or house and new furniture (for example, a second bed) for your new place. There also are other little costs for things such as kitchen and bathroom essentials.
If you and your spouse are considering a divorce, talk to an experienced Maryland divorce lawyer at 1-800-875-9700 to get a better idea of what to expect before you make any final decisions.
General FAQs
How do motorcycle anti-lock brake systems work?
It’s no secret that riding a motorcycle is dangerous. Even the best riding equipment in the world can’t fully prevent a rider from experiencing severe injuries if he is involved in a serious collision.
Bikers often install anti-lock braking systems (ABS) on their motorcycles to increase their chances of staying safe. The systems decrease stopping times and often prevent them from being thrown from or falling off their bikes.
How Anti-Lock Brakes Work
Knowing how this safety system works may help you get the most out of them. Here, we take a look at the specifics of ABS for motorcycles.
- Measuring wheel speed. Anti-lock braking systems constantly measure wheel speed, typically with one of two ways. One common way is with the use of a small grooved ring near the brake disc called the tone wheel. A sensor sends the tone wheel’s findings to the ABS, which will then determine if the wheel is about to stop. If it is, the pressure from the brake cylinder is adjusted on the brake caliper multiple times per second.
- Light systems won’t negatively affect your ride. Some motorcyclists are hesitant to install the safety system for fear the weight of it will drag them down. Fortunately, a majority of the systems weigh under one pound and are not likely to slow down their performances.
- Multiple ABS options are available. Anti-lock braking systems are typically available for both conventional and combined braking systems, which link one or both controls to both wheels.
We Can Help You
If you’ve been injured in a motorcycle accident that wasn’t your fault, you’re likely facing costly medical bills and bike repairs. If you don’t think you should be held responsible for the fees, you’re not alone because neither do we. Call the attorneys of Nicklesporn and Lundin today at 800.875.9700 to learn how we may be able to help you receive the compensation you deserve.
What’s the difference between a mediator and a family attorney?
Typically, for a divorcing couple, a mediator is someone who simply helps facilitate the discussion of divorce proceedings in Maryland. He or she is a third party, with no particular attachment to either side. A mediator will:
- Listen to both sides
- Ask questions
- Try to help you and your spouse find common ground
- Offer possible solutions for you and your spouse to consider
A mediator will not take sides or offer you legal advice. He or she cannot legally require either spouse to agree to any particular term. For example, if your spouse flat out refuses to compromise on child custody issues, there is little a mediator can do to help you.
If you’re looking to settle matters congenially, a mediator can help keep the meetings running smoothly. However, if you’re worried that you are not getting a fair deal, you may want to consult with an attorney. A Maryland divorce lawyer will:
- Offer legal advice that protects your interests
- Negotiate on your behalf
- Keep your best interests in mind, not necessarily your spouse’s interests
- Take the case to court if you feel your needs are not being adequately met
Be wary of your spouse suggesting that his or her lawyer be the mediator for your conversations. A lawyer will naturally care more about the interests of the person paying the lawyer’s fees.
Depending on the circumstances of your relationship, you and your spouse may be able to get the job done solely with the help of a mediator. Or solely with attorneys. In other situations, your lawyer may suggest that you enlist the aid of a mediator to help facilitate discussions between you, your spouse, and your respective lawyers.
For more information on how mediation works or how to find a mediator, contact us or call Nickelsporn & Lundin, P.C. toll-free at 800-875-9700.
Should I get a Maryland marriage annulment instead of a divorce?
An annulment differs from a divorce in that it signifies that a true marriage never actually took place. This can be a particularly freeing idea for someone who feels betrayed by a spouse who seemingly never cared about the marriage vows.
You might want to seek an annulment if any of the following are true:
You place a high value on marriage. Whenever two people say, “I do,” they expect those vows to last for life. It can be devastating for one spouse to discover that the other spouse misled the other and never actually intended to fulfill his or her obligations in the marriage. This sense of betrayal may lead the first spouse to request an annulment.
You do not believe the marriage was valid. A marriage is a relationship unlike any other. The special bond between a husband and wife cannot be recreated in any other relationship. When you’ve been part of a marriage that never fully reached that unique bond, you may choose to request an annulment. An annulment acknowledges the fact that the true bond typically experienced in marriage never happened.
You are a part of the Catholic Church. Divorce has consequences in the Catholic Church. If you are part of the Catholic Church and believe you have a legitimate case for annulment, you may choose to go this route rather than deal with the stigma associated with a divorce.
If you are seeking an annulment in Maryland, you should discuss your situation with an experienced Maryland divorce attorney who can explain the nuances of this often-complicated process. For more information, call Nickelsporn & Lundin at 800-875-9700 today.