"Thank you so much for all your guidance and support during this difficult period in my life.I Will Never Forget Your Compassionate Professionalism And Unparalleled Legal Expertise." -Zachary P..
"From the 1st meeting, he invested so much time & interest. He was so helpful & reassuring. We won in court." -Ina Lerner.
"They’re the best. You will never lose with them" -Ana Thomas.
"Their services were honest with integrity. I always walked out their office with a smile." -Damilola Adeyale.
"I had a tough case in the beginning but it ended wonderfully and I grossed more than I expected. I recommend each & everyone who has an accident or any other legal matters, to please call Duboff & Assoc." -Terrence Edwards.
"The service was great and very understanding and straight forward all the way to the end." -Kevin Hines.
"I had a great experience working with Duboff & Associates through my legal case. I was involved in a car accident by a tuck tractor at no fault of mine. Mr. Duboff was such pleasant person that he guided me through the process and through by medical care." -Mohamed A..
"We are most grateful to you personally as well as your entire staff at DuBoff & Associates. Had it not been for your legal expertise, our opponents would have prevailed. The series of meetings we had–especially on Sundays to accommodate our individual schedules and our witnesses–deserve special mention." -Isaac Vodi, Riteway Driving School.
"I will not hesitate to refer them to my friends and I have done it before. Again I am very pleased for the good service they provided me. I will always come back for future incident." -Read the full testimonial.
"You have been great to work with, you are a top notch attorney in my opinion. This is my first experience and hopefully my last but I appreciate your openness, patience, and honesty in guiding me through the process. You always made me feel you were working on my behalf to get the best settlement possible." -Larry McClain.
Parts of Maryland and surrounding areas, including Washington, DC, are very walkable. It is easy for pedestrians and cyclists to get around the city, even commute to work, by walking, running, or riding their bikes. The walkability of these areas also makes it very appealing for people who enjoy outdoor fitness activities. This means that there is a lot of foot traffic on the City streets. Cyclists are abundant in the area as well and it isn’t unusual to see accidents involving cars and pedestrians or cyclists.
Accidents like this can be traumatic and the injuries can be quite dramatic and catastrophic. Filing an insurance claim can compound the difficulty and stress when the victim seeks compensation for damages or injury. Most states recognize these difficulties and maintain a “comparative fault” policy when a crash occurs. However, a handful of states, Maryland and DC included, have long maintained a “contributory negligence” policy. This has changed in DC for certain persons but not all. Maryland meanwhile has tried but not passed anything as of this legislative term through the Annapolis legislature.
In most states, comparative negligence is used when judging personal injury cases. lt looks at both the defendant and claimant, weighs the negligence of each, and bases the damages awarded on the percentage of the fault of each side. For instance, if the claimant was found to be 25 percent responsible for an accident, they would recover 75 percent of the damages they sought instead of 100 percent. In some states, if the court finds the claimant to be at least 50 percent at fault, they are not entitled to any damages.
In personal injury claims, contributory negligence refers to behavior or action of the plaintiff that contributed to the accident, thus causing the injury. The plaintiff could be partly responsible or wholly responsible for their injuries or damage. For instance, if a person was crossing against the light at an intersection and they were hit by a car, they would be at least partially responsible because they were crossing against the light. If the pedestrian was in a crosswalk their claim may survive if the defendant driver then ignored the danger or gunned his engine.
In the 2018 Maryland General Assembly session, Senate Bill 465 was presented, establishing comparative negligence in the state. This would have been a huge sea change from Maryland’s long standing strict contributory negligence policy and it has been met with outright resistance from insurance companies as well as local governments and defense attorneys. The logic presented in the bill is that contributory negligence policies inhibit recovery of the plaintiff whereas comparative fault allows the plaintiff to recover at least part of the damages if they are partially at fault. This allows them the opportunity to recover from the accident.
This would definitely help pedestrians and cyclists who are on Maryland streets like what is allowed in Washington DC now! That would allow recovery now barred from recovery by the prohibitive confines of contributory negligence policies. Victims would be able to move forward and get the medical treatment and lost income recovery they need; lt seems the tide is turning, and the bill was gaining traction. The legislative session is over until next year but we will be back next year to encourage a fairer treatment for victims of negligence. Only time will time.
For decades Washington, DC was among the few states that had pure contributory negligence policies, but in November 2016 that changed. With the passage of the Motor Vehicle Collision Recovery Act of comparative negligence policies were put in place. Specifically, the Act allows a plaintiff to recover damages if they are less than 50 percent at fault in an accident with a vehicle. This was welcome news for all pedestrians and cyclists in one of the most walkable cities in the country. The Act covers all non-motorized users which not only includes bicycles, but also skateboards and Segway’s. This law was passed by the City council signed by the Mayor and approved by the United States Congress.
The few states that still subscribe to the harsh contributory negligence policy are receiving a lot of pressure from cyclist groups and others to come in line with the 46 state majority (92%) and offer more protection to cyclists and pedestrians. Whether or not they will follow suit is something we will just have to wait and see.
If you have been injured in a bicycle or pedestrian accident, you need legal representation right now. The laws surrounding these types of accidents are very complex and you shouldn’t try to go it alone. You may be entitled to receive compensation for your injuries and an experience, knowledgeable personal injury attorney can help you get it. Contact DuBoff & Associates today and get the representation that you deserve.
Your initial consultation is free, and we will work tirelessly to ensure that you receive the maximum that you deserve. Don’t wait to see if things will work themselves out, let us take your case so you can get back to living your life and healing. We are handling these new D.C. comparative negligence cases right now.
When driving down the street, you are taking all the necessary safety precautions. You are yielding to pedestrians in crosswalks, giving the right of way to other vehicles, and obeying all traffic laws. Yet accidents still have a way of happening even to the best drivers. Fortunately, you try to minimize the severity of your injuries by always having your seat belt on and by having a vehicle that is equipped with airbags.
Yet, what if an accident occurs where you are actually injured by the airbag? These supplemental safety devices are put in place to inflate during the event of a crash. The airbag fills with a harmless gas, such as argon or nitrogen, that inflates to prevent your body from striking the steering wheel, dashboard and side doors to prevent fatal injuries. However, injuries have occurred such as bruises, burns, concussions, eye injuries, bone fractures, internal bleeding, hearing damage and many others due to the airbag inflation.
Many injuries that occur are minor as the speed of the vehicle or the force of impact was so severe that it caused the person to slam into the airbag. In these instances, where the lack of the airbag would have caused even greater injury or even death, many people will forego any lawsuits. However, there are times when you should definitely seek out legal advice and representation regarding injuries that are caused by airbags.
A person may have a case if it is determined that the airbag did not inflate fully, and this lack of full inflation caused you to sustain an injury when your body stuck other parts of the vehicle. This issue may have been caused by the manufacturer or installer of the air bag. Malfunctions and defects could fall under legitimate reasons to file a lawsuit. What you would have to prove is that the airbag was either designed, manufactured or installed in such a manner that it became unreasonably dangerous to have in the vehicle.
One of the largest vehicle recalls in United States’ history is currently in effect due to faulty air inflators being installed into airbags. In 2017, it was discovered that Takata airbags posed a serious health risk as 21 people worldwide have been killed and over 180 people have been injured due to the airbags exploding. Currently, 14 automobile manufacturers are recalling vehicles as tens of millions of cars and trucks may have this type of airbag installed. This recall will be in effect up to the end of 2019.
You may be able to sue if you were involved in an accident and sustained injuries due to a faulty airbag. Even if your vehicle is not currently on the recall list, it still may have this type of system as new recall information is being released by vehicle manufacturers. Speaking with an experienced attorney will allow you to decide on your legal options as well as who the liable party would be in this circumstance.
An airbag may have been manufactured and installed correctly, but was tampered with due by other parties that caused it to malfunction. This tampering may have been unintentional or intentional, as it could occur if you are getting your car worked on at a garage by a mechanic or when you allow someone to borrow your vehicle.
When it comes to suing over injuries caused by an airbag, you will need to prove that you did not cause the airbag to malfunction. You will also have to establish that the accident and collision was not the cause for your injuries. In addition, you also have to prove that you did not cause or contribute to your injuries.
By proving that there was no personal negligence that caused the injury, you may be able to successfully sue the liable party for compensation if you are injured during the accident. Talking with a professional attorney who handles accident cases will allow you to determine your rights, as they can review the circumstances of the accident and provide you with the advice you need in regards to pursuing a personal injury case. Here at DuBoff and Associates, Chtd., we help people in the Silver Spring area of Maryland who need legal representation when they have been injured in an accident. If you or a loved one sustained injuries from an airbag and want to be compensated for your medical bills, lost wages, and pain and suffering, contact our office today. We can help protect your rights during your legal matter.
Every client who schedules a consultation at DuBoff & Associates, Chtd. asks about the value of their car accident case. It has less to do with greed and more to do with wanting stability since high medical bills, lost wages, and uncertain recovery is unsettling. Knowing whether a monetary award will be enough reclaim losses is often reassuring to people.
It is difficult to put exact values on car accident settlements because every case is different. Injuries present unique impacts to every individual too. A hairdresser is more likely to face work limitations from whiplash than a sedentary office worker. When considering distinct circumstances and lifestyles, the following four factors are the most influential when valuing car accident settlements.
More serious injuries generate higher medical expenses. Whiplash may require chiropractic treatment, massage, and physical therapy which costs less than multiple fractures requiring surgery and long term treatment plans.
Medical expenses do not just show the overall seriousness of an injury but also the impacts to the patient. While a soft tissue injury may not require extensive treatment when suffered by a healthy 28-year-old, it may cause considerable pain to the client who also manages arthritis. Some people require more treatment for certain injuries than others and that is always an important distinction to make during settlement discussions.
This makes medical bills among the first considered when valuing cases. They are a solid dollar amount as to the cost of an injury. However, they can also be a starting point for insurance adjusters to question treatment they consider too expensive or unnecessary.
Many clients miss work due to car accident injuries. Even if you receive paid sick or vacation time to recover, that can still be reimbursed in a settlement offer. After all, if the accident had not occurred, you would not need the time off.
If you do not have paid sick time, that reduction of pay is documented through time sheets and presented as part of the settlement package. This is not limited to days missed due to pain but also any time off you need for doctor appointments. If you are paid hourly instead of salaried, that missed time can also add up quickly so never discount it.
Serious injuries may result in physical disability. That can limit your employment opportunities and result in longer-term medical expenses.
For example, if you have a job that involves mostly manual labor but sustain a back fracture in a car accident, you can be compensated for not only your lost wages but also loss of future income. Any expenses for being re-trained into a new field could also become part of your settlement award.
The same theory works if you must undergo treatment your entire life or require mobility devices. Your settlement amount includes the amount of money you require to maintain this treatment or even make modifications to make life manageable, such as ramps in your home for a wheelchair.
Pain and suffering is the most subjective element in a personal injury case. Stoic types tend to avoid discussing pain and it can be difficult to assess how it affects them. There are also sensitive people for whom a headache is enough to miss work and make them miserable. Just as injuries have different effects on people, so does pain.
This is often documented by explaining limits on beloved activities and overall life impacts. If your car accident injury left you unable to compete in a marathon you trained for during the last year, that is significant and shows you faced substantial pain and suffering. However, if your lifestyle was sedentary before the accident and the pain did not limit your day-to-day activities much, it may be more difficult to prove you suffered greatly.
Records for prescription pain medication may also be considered. If you required a particular pain reliever to sleep or merely function during the day, that is also indicative of significant pain and suffering.
This is not limited to physical pain. If you have nightmares about an accident or develop a fear of driving, for example, those emotional and mental impacts may also be considered in this category.
In many ways, pain and suffering is a catch-all phrase that discusses all possible impacts from an accident. You may discover limitations after a car accident in the form of fatigue, depression or physical abilities. It is not uncommon for clients to hire house cleaners or landscape workers because they simply cannot finish this work on their own.
Proving these damages so you secure a fair settlement amount is often challenging. Even if you are involved in a rear-end collision where liability is obvious, insurance companies will question you throughout this ordeal. That is why hiring a personal injury attorney is essential.
DuBoff & Associates, Chtd. is the law firm that cares. We offer the experience, empathy, and dedication to secure the best result possible in your car accident case.Contact our office today to schedule a consultation.
Rear-end collisionsinstill a feeling of helplessness in our clients. Sustaining injuries because another driver followed too close or failed to stop on time is the ultimate definition of negligence. Since these collisions catch people unexpected and often lead to painful injuries, many Maryland residents are interested in how much they can receive in settlement and payout for their rear-end accidents.
Duboff & Associates, Chtd. sees these accidents frequently and preparing them for settlement or litigation is a daily task in our office. Here is an overview of what goes into rear-end collision settlements and why you should call us soon if you fell victim to one.
There is good news about rear end accidents, although they are never a good development to your day. Liability is normally left undisputed. The only possible scenario for the car in front to be negligent in a rear-end case is if the driver cut off the other driver too closely either in a moment of inattention or road rage. That is not the most common scenario with these accidents.
Most of the time, the driver sustaining the impact was stopped. The collision occurs because the driver behind was following too closely or was simply not paying attention. These accidents can be especially serious on highways as a sudden stop in traffic may lead to a chain reaction of rear-end collisions that result in drivers being killed or seriously injured. It can become a large mess to determine which driver is at fault and accurately assess the damages of each injured victim.
While there will still be argument as to the extent of your injuries and how they affected your life, it is unlikely you will have to prove you were not negligent. These are fairly cut-and-dry cases where the main dispute centers on damages.
Your settlement amount is a combination of economic and non economic damages. Economic damages are objective. They include medical expenses, lost wages, and the cost of repairs to your car. Non economic damages are personal. They are a subjective estimation meant to make up for what you lost in quality of life. Pain and suffering, emotional effects, and limitations on work and hobbies can all be assessed with non economic damages.
It is difficult to give exact amounts you could expect in settlement because ever rear-end car accident and its resulting injuries are unique. Verdicts involving the high four figures for neck injuries are rare unless there were extraordinary circumstances that move the jury. A rear-end collision that results in minor injuries will most likely attract a few thousand dollars but if your accident involved being hit by a semi truck with many painful surgeries following, you may find yourself looking at a six-figure offer.
Being a victim of a rear-end collision is a painful and disruptive experience. Even if your only injury is whiplash, you still require time to recover and need to focus on that goal.
Call DuBoff & Associates, Chtd. for assistance with your rear-end collision in Maryland. We offer the experience necessary to negotiate with insurance companies and assure a fair payment for rear-end accidents.Contactour office to schedule a consultation.
Sustaining a bulging disc injury in a car accident is always a possibility in Maryland, whether it is a side or rear impact. Clients often inquire on how much would a settlement be for a bulging disc injury and admittedly, these are complex matters.
Bulging discs are often linked to physical conditions a plaintiff faced before the car accident. This can lead to a battle with insurance companies that could end with a matter going to trial rather than being settled out-of-court. DuBoff & Associates, Chtd. spends time reviewing medical records carefully so we can show a strong link between the accident and the bulging disc. Here is an explanation of bulging discs and how they affect accident cases.
Bulging discs can emerge in the back or neck. They are similar to a herniated disc in that they involve soft tissue slipping and causing discs to move. However, they are not completely dislodged; they swell and protrude.
While this sounds like it would be instantly painful, most bulging discs do not produce symptoms. People live with them for years before realizing there is a problem. Once they advance far enough that they push on nerve roots, then that is when the pain begins and patients seek treatment.
It usually requires an extenuating development to get to this point. That can include the blunt force trauma of a car accident or fall.
The impact of a car accident or fall jars your body and damages soft tissue. This affects the cushioning and spacing of vertebrae and reduces flexibility. Discs become weaker and may herniate or bulge, resulting in the bulging discs.
If you suffered back or neck injuries before, you are more likely to face bulging discs from an accident. The accident is yet another pressure on already stressed vertebrae and it could be the last straw that turns a benign condition into an extremely irritating one.
Besides previous injuries, lifestyle can also affect vulnerability to bulging discs. If you work a job requiring heavy lifting, slouch at your desk job or wear high heels regularly, the soft tissue around vertebrae is already weakened. The blunt-force trauma of an accident could be the last step to pushing you over a very painful edge.
Even if you live relatively injury-free and do not face conditions that leave your back and neck vulnerable, another factor can still work against you with bulging discs–age. Since the back and neck go through substantial wear-and-tear even with reasonable activity, senior citizens are especially vulnerable no matter their previous medical history. The second most common cause of serious injury to senior citizens is car accidents, according to a study cited in the National Law Review. Many of these injuries involve exacerbating pre-existing medical conditions that may not have been known at the time.
With all the factors contributing to bulging discs, this creates a situation where insurance companies are likely to underestimate the role of the accident in the development of this condition and emphasize your previous challenges. That can make this a tough case which requires thorough legal guidance since you will face resistance to settlement at every stage.
Hiring a personal injury attorney when you suffer an accident makes life easier for you. Since recovering from a bulging disc is an uncomfortable affair, it is helpful to have us handle insurance company correspondence and medical record collection while you focus on healing.
This is especially true if previous medical issues contributed to the bulging disc. The insurance will argue that the accident did not have anything to do with your suffering and it will require expert testimony and medical reviews to show the link. Defendants cannot be held liable for conditions you suffered before the accident but they may face liability for aggravation. It can be a touchy process to prove that so you need strong legal expertise on your side.
Duboff & Associates, Chtd. can help you determine how much would a settlement be for a bulging disc and assure your fair treatment during the settlement and litigation process. Contact us today to schedule an appointment.