(301) 495-3131
Call For a Free Consultation
Serving Injury & Accident Victims
in Maryland, Virginia, and DC
Serving Injury & Accident Victims
in Maryland, Virginia, and DC
"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.
Synvisc-One, an injectable medication used to treat knee pain (specifically, arthritis) has been recalled by its maker Sanofi Genzyme. This is a very serious complication for the thousands of people who use this medication for pain relief. If you are on this medication, or you have taken it in the past, your first step is to contact your doctor immediately to learn more about how to safely stop taking it. In addition to this, you may be entitled to a cash settlement in some cases.
As experienced medical malpractice attorneys, we are working with patients who have taken the Synvisc-One injection and helping them to file claims with the maker and insurers for it. If you are suffering from any side effects or any illness, we encourage you to contact our offices immediately to learn more about your options – do not just settle your claim without legal representation through this process!
As a result, the company has issued an urgent hold on the product – a letter was provided to doctors, all clinics, and pharmacies using the product that came from this lot. Specifically, lot number 7RSL021 is being further investigated. This recall was due to the potential presence of microbial contamination, according to a release of information from the company.
The company reports that it issued the recall as a direct response to a high result of unexpected high levels of reports of adverse events. These seem to have happened in the United States specifically. Within its recall press release, the company notes that having this injection can result in an increased risk of infection in some patients.
If you are taking Synvisc-One – consult with your doctor immediately. Verify that your product is not from the lot mentioned here – 7RSL021 and that you have not received injections from this lot previously.
Some individuals struggle with the development of worse or severe pain located in or around their knee after they received an injection. Swelling in this area is also a sign of concern and needs to be treated by a doctor.
Other side effects of Synvisc-One include:
If you have these or any other symptoms, please seek out medical help immediately.
For those who have arthritis, the movement of a joint like the knee tends to be very difficult and painful. Synvisc-One, also known as Hylan G-F 20, is a type of injection placed into the impacted joint. It is an elastoviscous, high molecular weight product. It contains polymers Hylan A as well as Hylan B. These are derived from chicken combs.
Doctors prescribed this medication specifically to treat osteoarthritis in the knees. It was not a first line of treatment drug. Rather, it was often turned to when patients did not get the results they wanted from other types of drug therapies or nonpharmacologic treatment. Those who did not find relief from pain medications such as acetaminophen often had this recommended.
The drug combined three doses of Hylan G-F 20 and Hylan B hydrated gel. It was included in a sodium chloride solution with a pH level of 7.2. Generally, this medication was found in a 10 mL syringe that had three, 2-Ml doses in them. This was considered a complete treatment of the drug. Its makeup, then, included:
The U.S. Food and Drug Administration has approved the use of hyaluronic acid injections like this in patients who have osteoarthritis in their needs. It can sometimes be used in other joints as well. This acid is naturally present in the body’s healthy joints and works to allow the joints to move properly and smoothly. The specific concern here is with a batch of Synvisc-One that may be contaminated.
As noted, we highly recommend that anyone taking this medication or who has used injections into the knee due to knee osteoarthritis previously to contact our offices. This is critically important to your well-being and in claiming the settlement owed to you. Our team has decades of experience and an aggressive style of legal support. We’ll make sure you get the compensation owed to you. Those injured by Synvisc-One knee injects may recover the following types of compensation:
If your loved one died because of Synvisc-One knee injections, you may be able to file a wrongful death claim to recover funeral expenses and the pain the comes with losing a loved one.
For a free consultation, call DuBoff & Associates, Chtd., immediately for a consultation. Our attorneys are available 24 hours a day to help you. Call 301-495-3131or use our online contact form and our attorney will call you. We have offices in Silver Spring and Baltimore to help you.
Claims against Maryland government entities contain extra steps and several complications. It is easy to mishandle claims if you sustain injuries on government property or in an accident involving a city bus. If there is any situation where the guidance of a personal injury is vital, it is this one. Here is what to know about suing a Maryland city or state government.
You can sue a government, agency or even an individual employee of the Maryland government, but it requires taking additional steps. Otherwise, all other rules of a lawsuit apply.
Negligence and liability assigned to these entities are controlled by the Maryland Tort Claims Act. Every state has a statute similar to this and it describes the procedure for requesting damages from a government entity or employee.
The Tort Claims Act requires plaintiffs to send a claim letter within one year of an injury. It will also limit damages and require notification to specific officials. In Maryland, the damage cap is $400,000 per claimant and that includes medical bills, wage loss, and pain and suffering.
This law likely affects you more than you are aware. Most people imagine an accident while using public transportation or being rear-ended by an employee driving a county vehicle. However, the state also operates schools, universities, prisons, hospitals, bridges, roads, and a variety of other public services. If you are injured on the premises of a state university, for example, your claim will fall under the Tort Claims Act.
If you have a claim with the state, the tort claim letter must be delivered to the State Treasurer within a year of the incident. For city or local governments, you will send this letter to the city attorney.
Contents of the letter must include:
This changes slightly if your injuries involved public transportation. Rather than sending a tort claim letter to the Treasurer, you will send it to the Maryland Transit Administration (MTA). The MTA will act in the same capacity as an insurance company for accidents involving private individuals. It will investigate your claim and likely take longer than the two-year statute of limitations imposed on personal injury cases. You will likely file a lawsuit to preserve your claim before this investigation concludes.
The tort claims letter is often finished early in the claim except for demanding damages. If an accident happened one week ago and you are still receiving treatment, there is no reliable way to estimate damages. Many times, that section is the least detailed since giving a number early in the case can limit compensation later at the settlement stage. If you decide to wait until your injuries resolved, be careful not to miss the one-year deadline and write down the details now while your memory is fresh.
When you sue a local or state government, there are more procedures and they are often very technical in nature. If you neglect to submit a tort claims letter, you can still sue but the government’s attorney will move for dismissal and likely secure it.
Government entities have a good incentive to show claims against them are invalid–public relations. No one wants to deal with a negative public perception after a large bus crash or poorly managed city construction efforts. If there is any window to show that you were at fault rather than those associated with the government, attorneys will take advantage of it.
Sometimes, the problem is not with the entity itself but with one employee. People may neglect the tort claims letter and pursue the employee personally. This only works in rare cases of intentional misconduct or gross negligence (for example, causing an accident while driving impaired in a government vehicle).
You may also need assistance knowing who to pursue. Whether the defendant is a government, agency, transit authority or another actor in an official capacity, can be difficult to ascertain. Yet this determines how to proceed.
If you sustained injuries due to the negligence of a state or local government, hiring an attorney is the best way to assure you complete required procedures in a timely manner and present your claim in the best light possible. For assistance with your claim against the government, contact DuBoff & Associates, Chtd. today.
Pain and suffering is often misunderstood. Insurance companies often claim that an injured person is manufacturing or exaggerating symptoms to win larger personal injury settlements.
In reality, pain and suffering is just one factor in determining the settlement value of a lawsuit. It varies between individuals and honesty is likely the best way to recovery well on this element. Here are common questions about pain and suffering and how it is handled in personal injury lawsuits.
Pain and suffering refers to the subjective impacts of an injury. While a bone fracture or disc injury can be objectively proven through an x-rays, CT Scans, MRIs and medical notes, pain and suffering is perceived solely by the plaintiff and those around them.
Physical pain, emotional distress, and limits on activities of daily living are part of pain and suffering. If injuries from your accident prevented a major development in your life, like attending a graduation, traveling to Europe or running your first marathon, missing out on these events could also factor into pain and suffering. The same is true if you sustain a permanent disability, like paralysis. It focuses on the reduction in your quality of life due to the accident.
Unlike medical bills and lost wages which can be calculated to the penny, there is no set in stone formula for calculating how much an injured person’s pain and suffering is worth. Often times, no amount of money can wholly compensate someone who has suffered a permanent injury, scarring or disfigurement from a motor vehicle collision.
In high impact collisions with objective diagnostic injuries, permanent disability ratings, economists and vocational rehab experts, there is expert testimony and tangible examples of a person’s pain and suffering to present to the jury. There is somewhat of a template to operate and build from in presenting the pain and suffering side of a personal injury case.
In the moderate to low impact collisions with no positive diagnostic findings, it can much more difficult to persuade a jury or judge regarding a person’s high level of pain and suffering.
This is where a good attorney can be very beneficial in explaining the deep and wide ranging impact a motor vehicle collision has had on the injured person and their family. We recently had a case in litigation that involved an older retired gentleman involved in a moderate motor vehicle collision. When discussing with the client about how this impacted their home life, it came back to two main areas – grandchildren and their garden.
As our attorneys met with the client and his wife multiple times at their home, we noticed their multiple gardens were now weed beds and dirt. We asked the couple if they had any photos of their gardens before the collision and the wife proceeded to pull out photo albums filled with photos of beautiful gardens, grand children playing and a happily retired couple. When we asked the wife why she didn’t take care of the gardens herself, she said it wasn’t the same without her husband. That is what they did together.
This became the theme of our case. While it might seem silly to think before and after photos of gardens may be vital to a personal injury case, this theme illustrated and brought to life just how deep and impactful this motor vehicle collision effected this retired couple. After mediation and our firm’s presentation, the case settled for an amount beyond reasonable expectation.
When you start treatment, keep a pain journal. If you can document symptoms and how you feel in a contemporaneous manner, that is more reliable than relying on spoken testimony. It is too easy for defense counsel to claim you misrepresent symptoms if you rely solely on memory.
Ask loved ones to testify on your behalf. Friends, family members, and partners can explain what you were not able to do anymore. Spouses and live-in partners often become involved in caretaking duties, which gives them a first row seat to your experience If you have friends who visited frequently to help you with yard work or housecleaning, should testify too. Having others share their observations of your symptoms shows you definitely suffered and are not exaggerating.
Attend all your doctor appointments. The fact that you are willing to stick with treatment and keep appointments also adds credibility to your claim.
Pain and suffering is often the most difficult part of a personal injury claim. Presentation is everything when you pursue these damages. If you suffered injuries due to the negligence of another, contact DuBoff & Associates, Chtd. for a free consultation.
Nobody wants to deal with damages to their car or to their home. Yet accidents and acts of nature do occur, whether it is a truck ramming into your car or hail punching holes into your roof. When these things happen, your only option to keep repair costs and medical bills low is to file an insurance claim.
According to your specific policy, the insurance adjuster will arrive at the scene and evaluate the damage. Then they will determine the right amount of compensation to pay for home repairs, car damage, replacement items, and medical costs. When the settlement comes to your door, most people simply accept the quoted amount because they are afraid that if they don’t, the insurance company will simply pull the claim and offer them nothing.
Yet you do have negotiation room when it comes to settlement offers. You don’t have to take the first one delivered to you, or even the second one. Check out the following advice regarding first settlement offers from insurance companies and what you should do about them.
Long before the first settlement offer comes in, you want to gather as much information about the accident or damage that was caused. Take photos, gather receipts for the possessions that were damaged, keep all medical bills easily accessible, and gain repair quotes from local contractors and builders. You can use this information to determine a compensation amount that you think that you deserve.
It is also the appropriate time to review your insurance policy. You want your amount to cover everything, yet you have to ensure that the existing policy will cover everything. If you set up a compensation amount that is way higher than what the policy offers, then you won’t ever come to an offer agreement as your claim could drag on for months.
Never assume that the first adjuster’s report will be completely accurate. There can be omissions of certain items that you feel should be included which are lowering the amount on the compensation claim. There may also be measurements of damaged areas that are way off from what the true measurements may actually be. Don’t be afraid to reject the first settlement offer outright.
Return the check and inform them about the errors that were found. Often, the insurance company may say that you can file a supplemental claim to include any omitted items and to go ahead and start making repairs with the existing offered compensation. Yet it’s just best if they go ahead and cut a new check for the corrected amount after the insurance adjuster revises his report.
Never be surprised that the compensation amount offered by the insurance company comes in way lower than what you expect. You may even find that the amount will not sufficiently cover repairs or medical bills. You can reject the first offer for this reason and request that the insurance company explain why the amount is so low for certain items.
When you get an explanation about the low offer, go over each item and provide a concise reason on why you believe the amount should be higher. This is an ideal time to use your gathered documentation to back your claims. Also, ask if they need any other additional information that could change the adjuster’s report. This tactic will make it appear as if you want to be accommodating and help them have the most accurate information, while at the same time being firm that you won’t just accept any offer that is placed right in front of you.
Always make every complaint and counter-offer in writing. You want to have a paper trail available that you can review in case it seems like the insurance company is just bouncing back and forth with their reasoning. You should always write down why you are not accepting their offer and what type of resolution you desire to the problem. Set up a reasonable response time of how long you will wait for their next offer or to see it they accept your offer.
If you get to the point where it is obvious that the insurance company has placed in their final offer, and you still feel like it is not the amount you deserve, you should seek out the appropriate legal counseling. Here at DuBoff & Associates, we can look over your claim, evaluate your documentation, and help you negotiate with the insurance company.
Our firm can provide you with the consultation you need to determine your next course of action in reaching a settlement that you think is fair.
Contact us today so we can get started with your claims process.
Car accidents are inconvenient but also rather painful. This is especially true if you sustained a back injury. While you may suffer the annoyance of strains and sprains, it is also possible you face a spinal fracture and years of recovery. Here is what you need to know about back injury lawsuits and settlements.
Neck and back injuries are common results of a car accident because of the jarring force that takes place at impact. Most people suffer some form of whiplash and many times, that leads to pain in the upper back and shoulders too.
Insurance companies are skeptical regarding back injuries because they can run the gamut from minor to very serious. Complaints about a back injury may include:
All these injuries are limiting with their impacts to your day-to-day life. Just as with other accident injuries, back injuries are assessed on their economic and non-economic damages.
It is possible for you to collect three types of damages in a settlement: economic, non-economic, and punitive. Most cases involve economic and non-economic damages only.
Economic damages are those that can be proved objectively. They include wage loss, medical expenses, the cost of any services you require as you recover (like house cleaning), and future expenses if the accident renders you disabled. These are normally the easiest to recover because they can be proved with the right documentation.
Non-economic damages are subjective. These include pain and suffering and emotional distress. Impacts to family life and work may also be considered, especially if the injury renders you mentally or emotionally unavailable to those you love.
Punitive damages rarely arise in car accident cases. They are awarded when there is reason to punish a defendant for their negligence against you. You will only see them after a jury trial when the jury decides a defendant’s conduct was so egregious or negligent that punitive damages are necessary.
When it comes to settlements, an insurance adjuster reviews your medical records, bills, wage information, and other documentation that shows loss of income or an increase in expenses. Noneconomic damages are discussed as life impacts and any pain diaries or counseling records could help you prove those effects.
If your injuries are limited to soft tissue injuries like strains and sprains, your settlement will not be as high as a client who suffers a fracture and requires surgery. Similarly, if your injuries are merely annoying and do not limit your activities or income, your claim to non-economic damages may be unconvincing to an insurance adjuster.
However, just because your injuries involved fractures and aggressive treatment, like back surgery, does not mean your case will settle easily. Even if you suffer a serious injury, the insurance company will still try to settle your case for less than it is worth.
Whether you face soft tissue injuries and headaches or a full spinal fracture, there is one way to be sure insurance companies take your claim seriously. A skilled personal injury attorney not only provides essential advocacy, but takes care of formalities and communication so you can focus on recovering.
DuBoff & Associates, Chtd. is an experienced personal injury law firm that represents many clients with back injuries. We know a back injury is disruptive to both your work and personal life. That is why we work so hard to assure you secure appropriate compensation for your medical bills, lost wages, and pain and suffering. Rather than try to take on the insurance company alone,contact our office today to schedule a consultation.