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When you go to trial for any type of personal injury claim, eye and expert witnesses can make or break your case. Witness testimonies are very often the difference between winning a case or walking away with zero compensation, so it makes sense that choosing the right experts and on-scene witnesses can help strengthen your claim and potentially sway a judge or jury in your favor.
Our team of personal injury specialists has helped countless clients by providing expert witnesses to help explain some of the more complex elements of a case, which typically are invaluable interpretations that are instrumental in terms of fortifying any type of injury claim. Witnesses who were there at the scene of an accident will also always have the ability to support your side of the story and help explain what exactly happened.
In this page, we’ll discuss the importance of both laymen and expert witnesses, and how our team of attorneys can help you find witnesses that can ultimately be one of the defining factors in terms of receiving your rightful compensation.
If you have any questions at all about our expert witnesses or how you can utilize witness testimonies to strengthen your claim, reach out to us for a free consultation so we can review your case and help you determine what’s available to you in terms of your legal options.
When it comes to layman witnesses, these people typically need to have actually seen the accident occur, but witnesses can also be anyone who arrived on an accident scene moments afterward and simply noticed your injuries and overall damages.
Witnesses can also be anyone who simply heard one of the cases involved parties talking about the accident in a way that implied that the fault of the accident was on someone other than you.
It’s important to remain as polite as possible when you are talking to people who were at the scene of your accident, and if they’re unwilling to talk to you for whatever reasoning you shouldn’t push them because there isn’t much you can do except potentially file a subpoena, which hopefully isn’t necessary.
If a witness does agree to cooperate and talk to you, then you should write down their name, phone number and address. This is one of the many reasons why you should always carry a car accident diary, and it will always go a long way if you can paraphrase a written statement from the witness as soon as possible and then send a typed copy to them to review, sign and return to you. The same goes for video statements as well, which also need to be reviewed and verified later on by the witness.
A lot of witnesses want to help people out in terms of proving who was at fault for an accident, but many people simply are wary about getting too involved. If you can make it easier for witnesses to have their perspective officially heard then you might have a better chance at obtaining multiple witnesses that can corroborate what happened on your behalf.
Expert witnesses are always renowned professionals in their respective industries, and they have the education, experience and specialized training to be able to provide legitimate evidence for your personal injury claim. These types of witnesses are very important when there are no eyewitnesses to a specific accident scene, but they are also an essential aspect of a case’s success for several other crucial purposes.
A witness is considered an expert when they possess some of the following attributes:
The types of experts you’ll need will depend upon the facts involved within your case, and some experts called in personal injury cases include the following examples:
There are certain parameters around utilizing expert testimonies in court, and these testimonies must include the following:
It’s also important to state that a layperson testimony is limited in that they are only allowed to talk about some of a case’s facts, and their testimonies are typically limited to their own opinions. Only expert witnesses can testify to things like the scientific and technical elements of a case.
Expert witnesses can help strengthen personal injury claims in a whole variety of ways, including the following very important elements:
If you or a loved one was injured in any type of accident that was caused by someone else’s negligence, then layman and expert witnesses will be able to provide a lot of valuable evidence to help support your claim. DuBoff & Associates has been able to build a successful track record with our three decades of experience as a leading personal injury firm in the Maryland, Virginia and D.C. areas.
Our attorneys will always work diligently to strengthen your case and secure your maximum, rightful compensation. Schedule a free consultation today to talk to one of our experts about your case, and what your legal options are.
You are always going to be entitled to your rightful compensation when you’ve aggravated a pre-existing injury in a car accident that was due to someone else’s negligence, but there are a ton of liability details and insurance schemes that are necessary to understand in order to have this type of successful personal injury claim.
Adjusters at insurance companies are almost always going to be the people who will help settle injury claims that an at-fault party caused in a car accident, and adjusters are always going to try their very best to pay you as little as possible. So within instances in which a pre-existing injury is involved, adjusters will undoubtedly argue that the injuries you sustained in the car accident were not actually caused by the at-fault party they cover.
You never need to accept these frankly outlandish arguments that adjusters make about your pre-existing injuries, which is where our team of Silver Spring, Bowie, College Park, Landover and Upper Marlboro Injury & Accident Attorneys comes into help handle your case.
You will almost always have the right to fair compensation for your injuries regardless of whether or not it’s an aggravation of a pre-existing injury, and by working with one of our experienced personal injury attorneys you’ll be taking a crucial first step towards ensuring that your legal rights are protected and your entitled compensation is fully recovered.
In this page we’ll unpack everything you need to know in terms of bolstering your pre-existing injury claim after a car accident, which includes all of the following:
The impacts induced by car accidents are many times very severe, which can cause a pre-existing injury to become much worse off. Here are some pre-existing injury examples that tend to be aggravated by car accidents:
All insurance companies simply won’t accept a personal injury claim without legitimate proof of their client’s fault, unless you’re filing a no-fault injury claim under your own policy. So you’ll pretty much always have to prove the other party was negligent in order to establish their liability, which includes proving the following:
Proving liability is always going to be something that requires producing legitimate evidence, and typically this comes in the form of the following:
You should always receive medical attention as quickly as possible after your accident, especially when you aren’t taken to the hospital immediately after your injury. You’ll need to inform your medical providers as much detail as possible about the circumstances of your injury, including a clear statement as to when your pre-existing symptoms and overall pain originated.
It’s crucial that you help establish the facts that you weren’t experiencing your current symptoms prior to the car accident, and the more you can ultimately distance your current symptoms with the medical attention of your pre-existing condition, the better. This can mean going to your doctor(s) who treated your old injuries and obtaining the records confirming the success of your previous treatment, and of course when that treatment occurred.
The Eggshell Injury Doctrine is a law that many states across the country have incorporated in order to protect individuals suffering from pre-existing conditions. This law essentially states that individuals with pre-existing injuries have the right to compensation for their injuries, even given the circumstances that their current injuries wouldn’t have been quite as bad if it weren’t for their pre-existing condition.
People with pre-existing injuries typically will have to prove that the following are true in order to receive compensation after a car accident:
Some healthy people may not be injured in the same accident scenario that an eggshell plaintiff may find themselves within, but just because someone’s pre-existing injury or overall condition leaves them more susceptible it doesn’t mean the at-fault driver isn’t liable for the overall damages their negligence induces. This is one of the reasons why the eggshell plaintiff argument is commonly utilized in low-impact accident cases in which there may be doubts that the accident directly caused the claimed injury.
No one ever chooses to be involved in a car accident, regardless of pre-existing injuries, so it’s important to know that you can always get reimbursement for all financial harms and medical expenses associated with your aggravated pre-existing injuries.
The major issue involved with pre-existing injuries is that insurance companies will almost always try to offer lower settlement amounts and find ways to withhold an accident victim’s financial compensation, but the Eggshell Doctrine helps protect people with pre-existing conditions from these types of attacks.
There’s no denying the fact that we have little control over when motor vehicle accidents occur and how serious they end up being, and this means that pre-existing injuries can overlap new injuries all the time.
This is why we always recommend that you disclose your pre-existing injuries to an insurance adjuster from the very beginning of the process, but it’s important to understand the significance of how you disclose your pre-existing injuries in terms of protecting your claim.
You should always be aware of an insurance adjuster’s tactics, which typically coincide with their training to do whatever it takes to reduce or deny your injury claim.
You’ll typically be asked to provide a recorded statement, and saying the wrong thing can sometimes sink your entire case because they are trained experts at making people admit things against their own interest. This is especially the case when it comes to pre-existing injuries, so essentially they will try to use your own words against you.
Adjusters will also always ask for medical bills and records, but they are undoubtedly going to be looking for medical information of any type that they can use against your claim. You’ll, of course, need to release this medical information to help reinforce your claim, but there are limitations in terms of what an insurance company can access in terms of your overall personal health.
You should always be careful when signing any forms provided by insurance companies, and by working with an experienced personal injury attorney you’ll be more protected from these types of disclosure loopholes that adjusters will try to trap you within.
If you or a loved one is involved in any type of car accident that was caused by someone else’s negligence, then you are going to need a reputable car accident lawyer to have your back in terms of getting your fair and rightful compensation from the at-fault party’s insurance company.
You’re never going to want to let an adjuster have the final word when it comes to recovering from your pre-existing injury, and when you contact us for a free consultation we’ll be able to help you begin the necessary steps towards a successful claim.
We understand that our track record speaks for itself in terms of the results we consistently provide our clients, and our representation on a contingency fee basis means that you’ll have absolutely no cost in terms of figuring out what we can do to support you or a loved one during these types of troubling situations.
At DuBoff & Associates, we’re here to help injury victims who need support in terms of standing up to the big shots at major insurance companies, so feel free to reach out to us today in terms of how we can support your aggravated pre-existing injury claim.
Riding bicycles is always a fun way to get exercise, not to mention it’s great for the environment when you bike as your way of commuting to and from work. Unfortunately, biking can also pretty dangerous no matter where you are throughout the state of Maryland.
That’s exactly why bicyclists and vehicle drivers must work together in order to keep Maryland’s roads safer. It’s important to first and foremost distinguish that bikes are considered vehicles in Maryland, so bicyclists must adhere to the same amount of care and attention as motor vehicle operators. On the other hand, motorists must also give cyclists the same amount of respect that they would provide to another vehicle.
It’s a distinct rule that motorists should provide at least three feet of space between cyclists when passing. Motorists can also do their due diligence in terms of keeping the roads safer by stopping for cyclists at crosswalks and always being prepared for when they may make turns. Bicyclists should also always wear a proper helmet, be as visible as possible, and be aware of their surroundings to do their due diligence towards safer roads.
At DuBoff & Associates, our highly experienced team of bicycle accident specialists is here to help you through these tricky legal scenarios. In this article we are going to go over Maryland’s bicycle laws so you can be more cognizant towards the rules of the road that everyone must obey when riding a bike.
By Maryland law, bicyclists are legally authorized users of every roadway, and bicyclists have the same rights-of-way and general duty to obey traffic signals as all motorists. But of course, bicycles are much less visible than cars, they’re quiet, and they don’t have any type of protective barrier to support a cyclist in the case of an accident, which is why all motorists must drive carefully around cyclists.
As we mentioned above, bicyclists in Maryland in general must adhere to the same rights and duties as motor vehicle drivers.
It’s crucial to know your legal rights and obligations while cycling throughout Maryland. The following is a list of laws you should always keep in mind while riding your bike:
Helmets are required for all bike operators and passengers under 16-years-old.
Maryland’s general DUI statute is the same as it applies to those riding bicycles.
Bicyclists must always ride with the flow of traffic as close as they can to the right side of a roadway.
Cyclists are allowed full lane use within certain situations, including when they are traveling at the same speed as traffic, on a one-way street, passing another motor vehicle or bicycle, preparing to turn, avoiding certain hazards within the road, or biking in a lane that is simply too narrow to share.
There are local ordinances throughout Maryland that may permit bicyclists to ride on sidewalks, but throughout the entire state cyclists must always yield to the right of way of pedestrians while on a sidewalk.
It is illegal for anyone to open a motor vehicle door with the intention of striking or interfering with a bicyclist in any way.
It’s required that cyclists ride in a bike lane when it’s available, but they are allowed to exit the bike lane when they are passing other cyclists, preparing to make a turn or avoiding any kind of hazards on the road.
Bicyclists must always come to full stops at stop signs and must adhere to red lights.
Bicyclists must always utilize hand or arm signals when they are stopping or making a turn, and it’s best to begin making these signals around 100 feet before the turn (if it’s safe to do so).
Motor vehicles must always give a minimum of 3 feet of space when they are passing a bicyclist on the road.
A motor vehicle driver should also always be able to see passed the bicyclist in their rearview mirror before returning to the original lane, and this includes ensuring you are clear of the recently passed bicyclist before conducting any turns.
The general rule is that cyclists must exercise extreme care when passing motor vehicles.
The law here is that bicycles are only allowed to ride next to each other in groups of two, and they generally cannot impede motor vehicle traffic.
The following are some tips to keep in mind while you’re out on the road here in Maryland:
If you or a loved one were injured in a biking accident, then it’s important to retain a Maryland personal injury attorney who can help you better understand your legal rights and get you on the right track towards your rightful compensation. Our team of specialists is always here for you when you need us most, so contact DuBoff & Associates, CHTD to schedule a free consultation with one of our skilled lawyers.
One of the most significant things you can do to support your personal injury case is to choose the right legal representation, and by hiring the very best attorney for the job you’ll be able to reap the benefits of the expertise and support that’s needed for more optimal outcomes.
There are always going to be many factors and considerations you’ll have to take into account when it comes to hiring your attorney, but the process of deciphering your best options is many times straightforward. There’s no denying how rigorous the researching and interviewing can be when it comes to these types of hiring decisions, so we’ve provided the following factors to help you better understand if a certain lawyer is the perfect choice for your case.
We are more than confident in the capabilities of all our attorneys, and by going through this article we are confident you’ll be even more rest assured that we have what it takes to provide your case with the utmost, professional care that drives the most favorable results.
As always, feel free to contact us with any questions you may have about how our firm can help you and your case. We know you’ll have plenty of questions after going through the following list of things to look for in your personal injury attorney, so we’re always available to talk and help you schedule a free consultation.
We fully understand how important your case is to you, so we advise you to consider the following factors/criteria when you’re looking for a personal injury attorney:
You’re undoubtedly going to come across some law firms and lawyers who try to do it all, so it’s important to hone in on an attorney who primarily focuses on specific areas of the law, in this case personal injury law. The main reason for this is because personal injury law is very intricate and many times entails specialized practices and rules, so you’re never going to want to hire a ‘Jack of all trades, but Master of None’. When it comes down to it, you’ll always be risking the overall quality of your legal representation when you choose an attorney who isn’t a personal injury law expert.
Here at DuBoff & Associates, we specialize in serving injury and accident victims throughout Maryland, Virginia and the D.C. Metro Area. Some of our more popular practice areas include bicycle accidents, car accidents, motorcycle accidents, product liability, medical malpractice and so much more within personal injury law!
There are countless lawyers out there who claim to exclusively deal with personal injury cases, but in reality they’ve never been inside a courtroom. This is because they’ll take on your case and then put pressure on you to settle for a meager amount from insurance companies.
There’s no denying how aggressive insurance companies are, and they know which lawyers and firms are more than willing to take cases to trial, and which lawyers tend to settle quickly. This is sometimes an overlooked aspect of personal injury law, but it really is crucial to hire an attorney who has ample experience taking cases to trial because you’ll ultimately be putting your case at a huge disadvantage without this type of legal experience supporting you.
Personal injury cases always affect you and your family, and they’re so crucial because these types of cases are your opportunity to be rightfully compensated for all the damages a specific injury created. If you’re undergoing a serious injury, it’s imperative that you hire an attorney who you know can deliver a large settlement.
Not every case is worth $1 million and more, but you shouldn’t be afraid to ask prospective attorneys about their biggest cases and reach out for past client referrals. By going through an attorney’s past, you’ll get a much better indication as to their previous accomplishments and overall track record, which will help you decipher if the attorney can deliver the type of settlement or trial verdict you’re after.
One of the many reasons why you should always choose a personal injury expert is because these types of cases will many times require rigorous investigations that are expensive to prepare and conduct. Countless personal injury cases will require attorneys to devote a lot of time solely to one case, and attorneys will many times need to have the resources available to hire all types of medical experts, economists, accident reconstructionists, rehabilitation specialists and life care planners to collaborate with on your behalf.
There are many instances in which properly preparing a personal injury case can exceed $100,000, so you’ll want to ensure that your attorney has the necessary financial resources to successfully prepare your case.
There are a lot of personal injury law firms that try to represent both accident victims and insurance companies, but you should always avoid firms that try to have it both ways.
It’s crucial to understand where your attorney’s loyalty rests, so you’ll be putting your case in better hands by choosing a firm that only represents accident victims.
A contingency fee essentially entails an agreement that you’ll not pay attorney fees unless you recover compensation for your case’s damages. You can be more rest assured in your attorney’s confidence and belief in your case when you hire someone who consents to work for a contingency fee.
We are by far one of the most reputable personal injury law firms in the region that’s comprised of Silver Spring, Bowie, College Park, Landover and Upper Marlboro Injury & Accident Attorneys who have been helping accident victims receive their rightful compensation for decades.
If you have any further questions for us and would like to learn more about how we can support you and your case, don’t hesitate to contact us so we can begin the first steps towards achieving your optimal case results!
A proposed Michigan bill could lower the official drunk driving level to .05, which would make Michigan one of two states (including Utah) in the country to have a drunk driving threshold below the .08 norm. The legislation introduced in late March by Rep. Abdullah Hammoud, D-Dearborn, has since seen leaping bounds of support throughout the entire state.
“We must address drunk driving, which is a completely avoidable epidemic,” said Rep. Hammoud in a recent news release. “As a former public health professional, I am motivated by facts and statistics, and as a legislator I know our current policies in place to prevent drunk driving aren’t working, which is why we must do more.”
Many other countries around the world have lowered their rates of drunk driving by lowering the legal driving BAC level to .05, and in 2013 the National Transportation Safety Board also suggested that every state lower the legal BAC level to .05. This is partly where Hammoud’s ‘Drink OR Drive’ campaign derived inspiration from to genuinely believe that Michigan constituents will not only pass these bills, but will truly benefit from the switch.
Hammoud has also cited studies that suggest that around 11% of all nationwide drunk driving fatalities (about 1,500 lives) would be saved if the entire country adopted this BAC reduction.
Here in Maryland we have the newly created Noah’s Law, which also strictly enforces DUI penalties and has largely expanded the presence of Maryland’s Ignition Interlock Program. Noah’s Law has been in effect since October 2016, and it largely requires convicted DUI drivers, DWI drivers with child passengers and DUI/DWI drivers who inflicted a life-threatening motor vehicle accident to utilize an ignition interlock device for a specifically mandated period of time.
Maryland’s general crackdown on drunk drivers over the past few years has instituted a significant increase in DUI punishments, but many local legislators throughout Maryland, D.C. and the Greater Virginia Area are currently looking to Michigan’s potential BAC legal limit decrease as an example to potentially follow to further prevent people from considering a drink or two before driving.
Another bill within Rep. Hammoud’s legislation package requires people who are convicted of their first DUI charge to utilize an ignition interlock device in order to continue driving. The main reason why Hammoud introduced this second bill is because of the fact that many people ignore their license suspensions after being convicted of drunk driving, and because studies have suggested it makes people much less likely to reoffend.
Hammoud was also inspired by the deaths of the Abbas family, who were killed by being impacted by a drunk driver going down the opposite direction on I-75 near Lexington, Kentucky.
“These proposals will help change behaviors, and they are backed by the science, and they are backed by the leading experts combating drunk driving across our country,” Hammoud said.
Some of the leading experts Hammoud cited include major groups like:
These groups are part of the team that has estimated an 11% decrease in fatal alcohol crashes across the country, if the entire country jumps on the lower BAC threshold bandwagon.
Helen Witty, the nationwide president for Mothers Against Drunk Driving, is encouraging Michigan and many other states to adopt the .05 change.
“Research shows that critical driving skills are impaired at .05 BAC, significantly increasing the risk of a horrible, 100% preventable crash,” Witty said. “We want to do anything we can to support states that are trying to stop these tragedies and keep drunk drivers off the road.”
As of right now the only sponsors of this stricter DUI bill are Democrats, and it’s still uncertain as to whether or not Republicans nationwide will support these types of measures. The American Beverage Institute has publicly come out against Hammoud’s plan stating that the bills are
“shifting to those who enjoy a drink or two over dinner – a group that is not overrepresented in traffic accidents.”
In order for these proposed bills to become law, they will have to pass the Michigan state House, state Senate and then be signed by Governor Gretchen Whitmer.
The attorneys at DuBoff & Associates have ample experience dealing with victims of drunk driving accidents, so we fully believe that lowering legal BAC levels can potentially have a profound impact in terms of saving lives and keeping drivers safer on the road.