Illinois man says teen’s games of “ding-dong-ditch” caused emotional distress, weight loss, financial problems: lawsuit

June 30, 2016 By

This ding dong ditch was damn near deadly, a new lawsuit says.

An Illinois insurance agent has filed a $50,000 lawsuit against the family of a teen neighbor who allegedly rang his doorbell and ran away so many times the man suffered financial and health problems.

The suit from Shorewood resident John Wright accuses the 14-year-old ringer of obsessively targeting his doorbell for several weeks, according to Paste. The teen chose Wright, the suit says, because he works with the boy’s father.

The teen “repeatedly rang the doorbell at the Wright residence, then when (Wright) went to answer the door, no one would be at the door,” court papers say.

“(T)his is commonly known as ‘ding dong ditch.’”

The teen darkened the doorway so many times that Wright “suffered severe emotional distress, severe anxiety, sleeplessness, extreme and rapid weight loss, and required treatment medication in order to function in his daily living,” the suit says.

Wright also somehow lost $30,000 in income from the rampant ring, the suit says, though it does not specify how.

Wright eventually called the police over the doorbell games, and the teen confessed to cops that he rang Wright’s doorbell and ran off at least once.

The suit, filed in Wills County Circuit Court last week, names the teen as a defendant, as well as his parents, Rick and Sara Papp

Filed Under: Blog, Personal Injury

When Man’s Best Friend Attacks – Dog Bite Law in Maryland

April 23, 2015 By

Dogs have earned the reputation as “man’s best friend.” They can be integral parts of our families, but can also become liabilities when they bite or attack others. Close to five million Americans are bitten by dogs each year, and about one sixth of those bites results in the victim seeking medical treatment for the injury.

The owner of the attacking dog can often face liability based on their pet’s actions. In Maryland, there is a statute that outlines what is a “Dangerous dog.”  A “dangerous dog” is one that, without provocation, has killed or severely injured a person.  Alternatively, it is a potentially dangerous dog that bites a person, when not on its owner’s real property; kills or severely injures a domestic animal; or attacks without provocation.  An owner of a “dangerous dog” must keep the dog securely enclosed on his or her property, or otherwise must muzzle and restrain the dog.  A person who violates statute section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $2,500.Dog Bite pic

The dog owner can also be held liable for the inflicted injury under one of two theories of liability. The first theory is frequently referred to as the “one bite rule,” and applies strict liability to dog bites. It basically holds that if the dog owner knew or had reason to know that the dog had dangerous propensities, then the owner faces practically certain liability. The idea behind this rule is that if the dog had bitten a person before, the owner will be responsible if the dog bites again, because the owner would have then known that the dog had dangerous propensities.

The second theory of liability is negligence, which holds that even if the dog had not bitten a person in the past, the owner will be liable if he or she failed to exercise effective control of the dog in a situation where it could reasonably be expected that an injury could occur. Additionally, there are local laws and ordinances that regulate dog owner conduct. For example, many counties in Maryland have leash laws requiring the owner to keep the dog on a leash when off of his or her own private property. However, if a bite occurred on the owner’s real property and the victim was trespassing, the victim will be unlikely to recover for injuries.

In Maryland, the determination of liability no longer has anything to do with the breed of dog. In the past, a dog bite victim could recover against the owner by establishing that the dog is a pit bull or a cross-bred pit bull. However, in 2014, former Maryland Governor Martin O’Malley signed bill into law that overturned a 2012 Maryland Court of Appeals decision regarding pit bull-type dogs. The new law applies the same standard of liability to all dog owners, regardless of the dog’s breed.

If you are bitten by a dog, there are important steps you should take. To be sure, the first thing to do is to seek immediate medical attention. Moreover, it is important to try to contain the dog that inflicted the injury and figure out how to locate the dog’s owner, if not readily apparent. You should also report the bite to preserve evidence of the injury and also document the injuries with photos.

Finally, you should contact a proven attorney to assist you navigate the confusing insurance landscape. For example, following a dog bite, you might be contacted by an insurance company; they are extremely skillful at soliciting information in a manner that protects their own interests and defeats your claim. Call the Law Offices of Stuart L. Plotnick, at 301.251.1286  for a free consultation.

Filed Under: Blog, Dog Bite, Personal Injury

Slip and Falls on Ice

March 9, 2015 By

Slip and fall injuries are a type of premises liability claim that are made when a person slips and falls as a result of an unsafe or hazardous condition on another’s property. As a starter, the law holds that a property owner or property manager must use reasonable and ordinary care to keep their premises safe, or warn persons of any hazards or dangers that are present, but the owner has not yet repaired or fixed. A hazard can be anything from that liquid that came from the broken bottle of Pepsi in “Aisle 9” at the grocery store, the recently mopped floor in the office building, or the hole or depression in the parking lot.  Although, these are all typical slip and fall scenarios, the focus of my comments here pertains to those falls, which occur on ice.

All slip and fall cases are difficult, but ones where the culprit is ice are particularly difficult in Maryland. In fact, until 2011, these cases were virtually impossible to win even when the owner of the sidewalk, parking lot, or stairs, did nothing to clear the area, or treat it with salt or sand. This is because Maryland follows the rule of assumption of the risk, which holds that if the victim had or should have had knowledge of the danger beforehand, but still proceeds ahead, he/she is choosing to take the chance that he/she might fall and be injured.

We all agree that when a person is walking on any surface, he/she has a duty to watch where he/she is going and to avoid hazards; however, walking in an area where there is snow or ice about can be like walking in a minefield because ice in particular, in some cases, cannot be seen. Until recently, Maryland courts were very unforgiving in these cases, as they would find against a plaintiff virtually automatically if the evidence showed that the victim knew or should have known from the surrounding weather or other conditions that ice might be present at the location where they fell. The property owner only had to prove that the weather or outdoor conditions were sufficient for ice to form (i.e. it was freezing and had been wet or snowy in the time period before the fall), and thus the injured party should have known that the surface where they fell could be icy. So, for example, if the victim was walking outside on the day after it snowed, the snow or ice appeared to be cleared or treated, but at the time of the fall, the temperature was at freezing and there were wet, snowy or icy patches close by, the victim should have concluded that the location they were walking over was very likely icy and dangerous too. This was the rule, even if the victim did not actually see the ice. We can understand this rule for snowy areas or where the ice is clearly visible because the victim can see the danger, but chooses to proceed ahead; but, how can one assume a risk that he cannot see or know of.

The “Black Ice” Exception:

The term “black ice” is used to describe clear coating of ice that is layered over usually (black) asphalt or some other surface such as a parking lot.  Black ice is often difficult to see and the surface usually just appears wet, so even if one is paying attention he likely cannot see the real danger ahead.  Fortunately, Maryland’s highest court agreed with this way of thinking, and in two decisions issued in 2011 gave slip and fall victims a fighting chance in (black) and other ice cases. In Poole v. Coakley & Williams Construction, Inc., 2011 Md. LEXIS 659, 417 Md. 501 (October 27, 2011), the plaintiff slipped and fell on black ice while wading through a stream of water running across the parking lot at his place of employment. Mr. Poole testified that the majority of the parking lot was covered with visible ice and snow, and that he chose to walk through the stream of water because it contained no visible ice and he believed it to be safer than attempting to cross the otherwise icy parking lot.  In Thomas v. Panco Management of Maryland, Ltd., 2011 Md. LEXIS 671, 418 Md. 190 (October 31, 2011), the plaintiff was injured after slipping and falling on black ice located on the sidewalk outside her apartment complex. Ms. Thomas testified that when she left her apartment complex early on the morning of the accident, she noticed patches of snow and ice on the sidewalk. When she returned to the complex in mid-afternoon, the ice and snow had melted, leaving only wet patches on the sidewalk. Ms. Thomas came and went from her apartment several more times that day and noticed that the sidewalk was wet. She saw no signs that salt pellets or sand had been put down on the surface either.  When she left her apartment at approximately 8:00 p.m. that evening, Ms. Thomas slipped on ice, which had formed because the wet areas had now frozen over as a result of the temperature dropping.  In both cases, the defense argued the current rule, that the victims, due to the surrounding weather conditions, knew or should have known the location where they fell was icy as a matter of course even though there was no sighting of ice.  The high court disagreed, and held that it cannot automatically be assumed that a certain location is icy because conditions around it may be or because the weather at the time may be favorable to ice.  As a result of these two opinions, the property owner must now prove that the victim actually knew or should have known that the specific location of the fall was icy, i.e. the victim could see the ice, but decided to chance it anyway.

Our experienced Maryland premises liability attorneys have handled several of these snow and ice cases and have been successful in getting recoveries for our clients. If you have been injured because of the negligence of a property owner in failing to remove or treat snow or ice, or fallen on “black-ice,” please contact the Law Offices of Stuart L. Plotnick, LLC today to schedule a free case evaluation. We represent injured victims throughout Maryland, Virginia, and Washington D.C., including Bethesda and Rockville residents.

 

 

 

 

Filed Under: Blog, Personal Injury, Premises Liability

Deadly Auto Accident Reveals Vehicle Defect

October 27, 2014 By

Despite ongoing efforts to better monitor and enforce recalls of defective vehicles or parts, a recent auto accident has revealed yet another unsafe product on the market, this time resulting in personal injuries from a faulty Takata airbag system.

After a fatal car accident claimed the life of a woman driving a Honda Accord, medical examinations revealed perplexing knife-like stab wounds to her neck. Closer investigation revealed that the wounds were actually caused by the explosion of the airbag due to a faulty propellant.

Safety experts have expressed concerns that more rupture cases are likely going unnoticed or underreported, though at least 2 other fatalities have been linked to the faulty airbag.

The resulting vehicle recall will affect more than 14 million defective vehicles containing faulty airbags that have been manufactured by Japanese auto supplier Takata

As the number of defective vehicles on the road seems to be increasing, it’s important for Rockville residents to be aware of your legal options when it comes to product liability claims.

As a personal injury lawyer, Mr. Plotnick understands the devastating consequences of car accidents and defective vehicles, and we want victims to have their interests rightfully represented. Keep in mind, in various instances of such defects the manufacturer knew of them but chose to cover them up or ignore a fix that would only cost a few dollars, all in the name of the bottom line.

While not every auto accident injury involving a defect results in a defective product claim, it’s important to contact a professional to assess your case to help you determine what action might be required.

If you or a loved one has suffered from personal injuries related to a defective vehicle, contact the Law Offices of Stuart L. Plotnick, LLC at (301) 251-1286 today. Our Rockville personal injury lawyer has represented victims of defective vehicles throughout Maryland, Virginia, and Washington D.C.

Filed Under: Blog

Walmart Requests Trial By Jury for Tracy Morgan Car Accident

October 1, 2014 By

Investigation is still underway to determine who is at fault for a fatal car accident in June involving a Walmart supply truck and well-known actor Tracy Morgan. The deadly crash, which left one dead and several others injured, occurred on the New Jersey Turnpike when a Walmart truck driver rear-ended Morgan’s vehicle while traveling 20 mph over the speed limit.

Morgan has since filed a lawsuit against Walmart citing negligence on behalf of the big box store for not complying with Federal Motor Carrier Safety Administration Regulations.

Morgan’s claim was made after evidence revealed the Walmart employee and driver of the truck, Kevin Roper, was speeding at 20mph over the limit and had not slept for more than 24 hours, a direct violation of safety regulations.

As of Tuesday, September 30th, Walmart has responded to Morgan’s claim with a request for a trial by jury, suggesting that the injuries caused in the car accident were actually a result of the plaintiffs’ failure to wear seatbelts. As a result, Walmart has also suggested that neither the company nor its employees should be held responsible for damages which were caused by third parties, however due to the ongoing National Transportation Safety Board investigation, Walmart did not directly address the claims regarding Roper.

This is a firm reminder that sometimes, even when you think you know who is at fault for your car accident and you assume you will simply get the damages you deserve, you still need to go through the legal process to do so, and it’s not always a straightforward affair.

If you have been injured in a car accident in the Rockville, Bethesda or greater Maryland area, contact the Law Offices of Stuart L. Plotnick at (301) 251-1286 to schedule a consultation with our experienced car accident attorney.

Filed Under: Blog

Common Types of Car Accident Injuries

September 29, 2014 By

When you get into a seemingly minor car accident, your injuries can still be seriously devastating and even fatal. Our Rockville car accident attorney understands the dynamics of car accident injuries and how they can impact your life long-term.

The type and severity of your car accident injuries will be affected by a variety of factors including:

  • Whether or not vehicle occupants were wearing seatbelts
  • The location the vehicle impact occurs
  • The speed of the cars involved at the time of impact
  • The vehicle types, makes and models of all automobiles involved
  • The presence and type of vehicular safety defects

These variables can easily turn seemingly harmless cuts, broken bones and bruises into life threatening or debilitating injuries. Some of the most common types of car accident injuries can include:

  • Neck, back and spinal injuries
  • Head injuries including traumatic brain injury
  • Internal organ damage
  • Damage to extremities

Depending on the extent of these injuries, it is likely that both your professional and personal life will be greatly impacted. In some situations, you may be unable to go back to work, whether at your current place of employment or any job at all. Activities you once enjoyed may become impossible to perform, and these changes can be permanent. It’s important that you get the compensation you deserve for all of the damages you suffer, whether immediately or long-term.

If you have suffered a personal injury due to a car accident, contact the Law Offices of Stuart L. Plotnick, LLC at (301) 251-1286 to schedule a free consultation with our experienced Rockville car accident attorney today.

Filed Under: Blog

Car Accidents Caused by Driver Distractions

August 20, 2014 By

In 2012, more than 3,300 car accident fatalities were related to distracted driving. According to a report that was recently released by the National Highway Traffic Safety Administration (NHTSA), nearly 10 percent of all fatal car crashes during the same year were affected by distracted drivers.

At the Law Offices of Stuart L. Plotnick, our Bethesda car accident lawyer understands that distracted drivers can cause accidents for even the safest drivers. If you have suffered a personal injury in a car accident due to a distracted driver, Mr. Plotnick can help you get the reparation you deserve.

The NHTSA considers driver distractions anything that diverts a driver’s attention away from the primary tasks of navigating the vehicle. Some of the most common distractions include:

  • Using Cell Phones – Texting while driving can be just as dangerous as driving while intoxicated. Even talking on a cell phone can have dangerous consequences.
  • Eating and Drinking – This can cause you to take your hands off the wheel and your eyes and mind off the road.
  • Navigating with a GPS device – Using these tools while driving poses a comparable risk to texting and driving.
  • Grooming – If you are looking in the mirror and adjusting your appearance, you are not watching the road.
  • Interacting with passengers – If your passengers cause you to divert your eyes or attention from the road, this can pose a threat to your safety.

There a range of other distractions that can impair your driving ability and result in an accident, so it is important to keep your eyes and your mind on the road at all times.

If you have been injured in a car accident as a result of a distracted driver’s negligence, please call (301) 251-1286 or contact the Law Offices of Stuart L. Plotnick for your consultation with an experienced Bethesda car accident attorney.

Filed Under: Blog

National Bike Race Underscores Auto Accident Attorney Expertise

July 7, 2014 By

An English socialite pedaled through Maryland this month as part of the Race Across America, the national cycling event that for years was dominated by Jure Robic, the Slovenian rider who died in 2010 after being hit on his bike during an auto accident.

At the time of his death nearly four years ago, cycling fans widely regarded Robic, who was 45, as the world’s best ultra-endurance cycler. The athlete was a five-time winner of the Race Across America, the same event in which Pippa Middleton, sister of Duchess of Cambridge Kate Middleton, is currently competing.

While drivers around Maryland and the Washington, D.C.-metropolitan area may quickly recognize the need for an auto accident attorney after a crash, pedestrians and bicycle riders are especially at risk of incurring life-threatening and even fatal injuries should they collide with a car. Despite his robust athleticism, Robic died at the scene of his accident four years ago. His injuries reportedly resulted from a head-on collision with a car while he was cycling near his home, according to local police reports.

If you have been seriously injured in an auto accident or a car-bike collision, or if you lost a loved one as the result of such tragedy, make sure you receive the compensation you deserve for your losses. Please call 301-251-1286 or email the Law Offices of Stuart L. Plotnick today for a free case evaluation. We serve clients in Maryland, northern Virginia and Washington, D.C.

Filed Under: Blog, Car Accident

Recent Dump Truck Accidents Highlight Risks

May 4, 2014 By

A recent set of accidents involving dump trucks in Maryland highlight the particular risks these vehicles bring with them onto our roads. When people think of accidents involving large trucks (as opposed to personal pickups or SUVs), the typical image in ones mind is that of a tractor-trailer, “big rig,” or semi. Despite this thinking, dump trucks account for a sizable percentage of large truck accidents in Maryland and they come with their own set of specific risks to watch out for.

Recently ,  major dump truck accidents occurred in both Anne Arundel County and in Towson. In each case serious injuries resulted, necessitating hospital visits for the victims. Because of the variability in what dump trucks may be carrying they may actually be heavier than a semi or big rig. This has important implications for stopping capability  and means that drivers need to be at least equally worried about dump trucks as they are about their supposedly larger counterparts.

However, the most critical difference between dump trucks and other large trucks is that many vehicle collisions involving dump trucks do not actually even involve the truck itself.  What happens is more often is that thee contents from the truck end up on the road, where unprepared and surprised  motorists are caught off guard. These road hazards can be sudden and exceptionally dangerous – there is no training or preparation for large foreign contents spilling out onto the highway while drivers are moving at tremendous speeds. Even though, it may be the contents of the dump truck involved, it makes no difference should an accident result.  There may still be negligence. It is essential to remember that in that this situation you are still usually entitled to recover for damages, both personal injuries and property damage caused by the accident even if the truck itself is not involved in the crash. This is because had the driver not been negligent in making sure the load stayed in the truck you would not have been injured.

Filed Under: Blog, Car Accident

Vehicle Backup Cameras Are Here to Stay

May 4, 2014 By

When automobile manufacturers began implementing “backup camera technology” into vehicles a few years ago most people marveled at the latest advance on our already quite impressive in-car experience. However, most people probably did not realize the tremendous safety implications, and even fewer, likely would have the guessed the technology may become mandatory on all cars.

Well that once far-fetched reality seems to be exactly what is happening. Drawing on recent studies, the National Highway Traffic Safety Administration (NHTSA) has decided to mandate that the majority of new cars, minivans, and SUVs in the United States must have backup cameras installed by 2018. Originally NHTSA had only recommended the cameras, but after reconsideration, decided to make it a formal rule that manufacturers had to follow. According to the NHTSA the safety benefits far outweigh the costs, which the agency estimates at about $140 per unit.

The NHTSA ruling comes on the heels of a comprehensive study conducted by the Insurance Institute for Highway Safety (IIHS). IIHS concluded that backup cameras are superior to parking sensor technology using radar. Also, Consumer Reports released data showing approximately 300 people are killed and 18,000 suffer injuries annually as a consequence of drivers backing up without being able to properly see behind them. The dangers of these “back-over” accidents are particularly acute for children who are often unseen and unaware of the risks that drivers may be negligent in backing up. Overall, this is a positive development as no one-child or otherwise-should become the victim of driver negligence if there are practical ways to avoid it.

Filed Under: Blog, Car Accident

Important Advice for Area Bike Riders

April 24, 2014 By

As cold winter weather leaves us for spring’s warmth and eventually the heat of summer many area residents will be dusting off their bikes, taking them out of their garages and onto the road for some healthy exercise and fun. However, in addition to always taking the proper safety precautions such as wearing a helmet or using lights at night riders and following all applicable laws there is one rule in particular that all DC-area cyclists need to know: contributory negligence.

Contributory negligence is an old “common law” doctrine holding that if a person is injured in part due to his or her own negligence (i.e. his or her negligence “contributed to” the event that caused the injury) the injured person is not entitled to collect any money damages from the other party involved. Under this system if the injured person is 1% negligent and the other party is 99% negligent they do not get a single penny of recovery under the law.

Sound harsh? Yes it does – and that is because it is. As the law evolved the results of contributory negligence lead the vast majority of states to change this rule in favor of “comparative negligence” where the injured person may still recover money damages, but the amount of money may be lessened due to their own negligence that also caused the accident. That 1% versus 99% example seems a lot fairer under that system. Currently only four states (and the District of Columbia) still apply “pure” contributory negligence along the common law lines. However, two of those states are Maryland and Virginia-placing the entire area under this regime.

Therefore, it is critical that area residents know what this rule means in practice. For example, if a rider wears headphones and gets into an accident this may bar recovery, especially if local law (as is the case in Virginia) classifies this behavior what is called negligence per se. That means that under the law the headphone-wearing rider is negligent as a matter of law no matter what other circumstances may or may not have played into the accident and he or she will not be able to recover even from a driver who admits or is found negligent. The same result may happen if the cyclist is speeding or in violation of some other traffic rule they may or may not know of.

There is one major caveat to all of this: the negligence of the injured person must have actually contributed to the cause of the accident. So, if a cyclist is riding at night without proper lights and reflectors and is struck in a well-lit parking lot their negligence may not have actually been a partial cause of the injury. Under this system it becomes essential that riders are extremely careful in what they say and whom they speak with in the aftermath of an accident. Being injured on the roads is a stressful and difficult ordeal, and because one small act of negligence may prevent all recovery those on the other side of the dispute will be digging for this information. This may all seem like a draconian rule or a relic from history, but even if sometimes unfair it is the law and resident bike riders are better off knowing how it works.

Filed Under: Blog

The News About GM Ignition Switches Only Getting Worse

April 11, 2014 By

In its lead story, the CBS Evening News (4/10, lead story, 2:50, Pelley, 5.08M) reported that it “got worse” on Thursday for GM “and the owners of more than two and a half million recalled cars.” CBS (Glor) added that GM said that in addition to the problems with the ignition, “keys in the recalled vehicles can be pulled out while the engine is running.” CBS also said that GM announced that it suspended two engineers as part of the ignition switch investigation.

The New York Times (4/11, Vlasic, Subscription Publication, 9.65M) reports GM said “it had suspended two engineers, with pay, as part of its internal investigation of its decade-long failure to recall defective ignition switches in Chevrolet Cobalts and other small cars.” Reps. Tim Murphy (R-PA) and Fred Upton (R-MI) said in a statement, “Although the two employees on leave played a part in G.M.’s safety failure, there are still many unanswered questions about who else was involved and the extent of the breakdown.”

The Wall Street Journal (4/11, Bennett, Lublin, Subscription Publication, 5.51M) reports that GM on Thursday estimated that the costs of repairing the recalled vehicles had climbed to $1.3 billion, which is more than three times the company’s original estimate.

Filed Under: Blog, Personal Injury

WRONGFUL DEATH SUIT AGAINST U. OF ALABAMA FOR STUDENT WHO FELL OVER SIDE OF RIVER BOAT DURING SORORITY PARTY

April 9, 2014 By

The family of a University of Alabama student who drowned in the Black Warrior River in April 2012 has filed a $10 million wrongful death lawsuit days before Alabama’s statute of limitations would have prevented them from doing so.

Charles Jones is the father of Tre Jones, a 20-year-old University of Alabama student who fell into the river during a sorority’s party on the Bama Belle riverboat in April 2012. He filed the lawsuit Friday and wants $10 million for his son’s death, claiming that several parties should be held responsible for it.

Charles Jones alleges that several people were tasked with making sure no underage passengers drank alcohol that night but failed to keep his son from doing so. He also complains that not enough was done to try to save Tre as soon as he fell in the water. According to the lawsuit, a deckhand saw the man fall overboard and struggle on the surface of the river, but boat officials made no effort to stop immediately and attempt to rescue him. Divers found his body in deep water around 3 p.m. the following day.

According to the complaint, an autopsy indicated the student’s cause of death was drowning and acute alcohol intoxication, and a toxicology report showed his blood alcohol content to be .133 g/100 ml.

Included in the defendants Charles Jones named in the lawsuit are the Tuskaloosa Riverboat Company, who owned and operated the Bama Belle at the time; Stand Alone Security, a local company hired to keep the party safe and prevent minors from drinking on the boat; and the Delta Sigma Theta sorority, who hosted the riverboat party.

Jones claims that those parties failed to prevent his son from drinking and getting drunk, failed to supervise him and keep him from falling overboard, failed to rescue him and failed to notify authorities of his plight in a timely manner.

Filed Under: Blog, Premises Liability, Wrongful Death

Fraternity Parties Coming Under Attack for Rash of Sexual Assaults

March 31, 2014 By

Fraternities and their famed parties have been a part of the American collegiate experience almost as long as colleges and universities themselves have existed. Unfortunately, the issue of sexual assaults at fraternities, and on college campuses generally, has become a major national problem garnering a lot of attention and raising many important questions.

A recent case from Wesleyan University in Connecticut highlights many of these issues. An undergraduate student there has filed suit against both the Psi Upsilon fraternity’s national organization and the local Wesleyan chapter where an alleged rape took place at a typical fraternity party. The suit claims that because the fraternity house is on campus it is therefore “university housing” and thus has a duty to keep its residents and guests safe. It goes on to note that under the school’s Community Standards and Residential Regulations the hosts of events are to be held liable for harm endured by guests. The assailant and individual fraternity members are also named as defendants, but Wesleyan University it not. As for the party itself the scene described is all-too-regular: a “wildly out of control” affair with numerous underage and “extremely intoxicated” students stopped being fun and turned into a nightmare for this particular freshman. The alleged assailant was expelled after internal University disciplinary proceedings were brought.

This case raises many of the complex issues associated with liability for the events at fraternity parties on the part of the fraternity as an organization and college where it resides . The quasi-official status of the fraternities varies in how much they are recognized by each school, and the relationship of each individual “chapter” to the national organization make these difficult cases. There is also the issue of alcohol, which more often than not plays a role in these unfortunate events, and this complicates the picture further.

If you or your child has suffered from a fraternity-related event, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Rockville attorney. Our office is conveniently located in Rockville, Maryland.

Filed Under: Blog, Personal Injury

Change in Court interpretation of insurance policies to benefit consumers?

February 6, 2014 By

This year the Maryland Court of Appeals will hear arguments in a case involving the collapsed carport of Gregory and Moria Taylor. State Farm Fire and Casualty Co. denied a claim filed by the couple because their insurance policy covered the collapsing of a “building” and the company did not consider the carport a building.

Most states require consumer insurance policies to be interpreted to the benefit of the consumer. Maryland, however, has followed a different standard that allows the insurance company to interpret their own policy as long as they act in good faith and their definitions comply with the reasonable and commonly accepted understanding of the words used.

The Court of Appeals will decide this year whether to follow the trend to require the interpretation of ambiguities in the policy to favor the consumer instead of the insurance company. This case could be a great victory for consumers in our state.

If you have been denied unfairly for your insurance claims, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick for your consultation with an experienced Maryland attorney. Our office is conveniently located in Rockville.

Filed Under: Blog

Inadequate Security and Premises Liability

October 24, 2013 By

Property owners have certain responsibilities to keep their premises reasonably safe. These responsibilities vary depending on the type of property and your status as a visitor at the property. When certain locations – college campuses, hotels, parking garages – are not kept safe, then tragic events or accidents can result, including sexual assault, murder, robbery, shootings and other crimes.  These fall under the doctrine of law and duty of inadequate security.  Property owners, landlords, shopping malls, hotels and motels, college campuses have a duty to protect their consumers from dangers they know or should know about.  They must know the character of their surroundings and that includes for the risk of a crime to a person on the property and take adequate measures consistent with the level of risk, whether it be a new lock on the door or a security force who patrols the premises.

Some examples of inadequate security that can lead to serious injury are:

  • Faulty or inadequate locks
  • Faulty or inadequate lighting
  • Failure to warn of known criminal activity or danger
  • Failure to install security cameras
  • Failure to provide security personnel in certain situations

Inadequate security can lead to catastrophic injuries and trauma, and in some cases have caused fatalities.

As your aggressive advocate, premises liability lawyer Stuart Plotnick will determine if the property owner was negligent in his or her duties to maintain a safe environment, and if you were injured as a result of this negligence. We will be at your side to provide support and help during this traumatic time.

If you or a loved one was seriously injured because of inadequate security and want to know if you have a case, please contact the Law Offices of Stuart L. Plotnick, LLC to schedule a consultation with our experienced Maryland premises liability attorney.

Filed Under: Blog

Common Causes of Truck Accidents

October 14, 2013 By

There are many steps involved in a tractor-trailer operation. Not only do trucks require special skills and training to drive, they also must be maintained and loaded a certain way. The driver is not always the cause of a truck accident. There are in fact a number of parties who may at fault.

Some of the common causes of truck accidents include:

  • Driver fatigue or lack of adequate rest
  • Driver intoxication
  • Driver error
  • Overloaded cargo
  • Unbalanced cargo
  • Poor truck maintenance
  • Failure to check and secure cargo properly

The person responsible for causing the accident could be the driver, the trucking company, the truck owner, the manufacturer of a defective truck part, another party or all of the above. Our experienced truck accident attorney, Stuart L. Plotnick, knows how to investigate the details of your case to determine who is at fault. For example, drivers are supposed to log their driving and rest time, they of course are required to have active CDL licenses as well.  Also, most trucks are required to maintain or have a “black box” similar to what we hear about in airplanes, which records things such as speed, hours of operation and movement. The rules that apply to truck safety and operation are not the same as those that apply to ordinary passenger vehicles.  They are more strict and require more safeguards.  If you choose us to represent you, we will tirelessly pursue compensation for your recovery from your injury and investigate the role that every party who had some responsibility for the safe operation of the truck that was involved in your accident.

If you have been injured in an accident that was not your fault and want to pursue compensation for your injuries and other damages, please contact the Law Offices of Stuart L. Plotnick, LLC to schedule a consultation with our experienced Maryland truck accident attorney. We also represent clients from Virginia and Washington DC.

Filed Under: Blog

Top Driver Distractions that can cause Car Accidents

October 8, 2013 By

Distracted driving or drivers has/have become one of the most common factors causing car accidents. Cell phones and other electronic devices are everywhere, and within arm’s reach most of the time, and let’s face many of us cannot resist the urge to wish to read or respond right away. These devices can be a major distraction while driving. Many states, including Maryland and the District have, no texting and hands-free laws now. Even without a cell phone, a driver needs to consciously avoid distractions in order to drive safely and avoid car accidents. Before, the cellphone and GPS devices, it was struggling to eat that hamburger and balance the Coke while driving, but mobile devices have more than exaggerated the temptation to become distracted.

The National Highway Traffic Safety Administration says in 2011, more than 3,000 people were killed in auto accidents caused by distracted driving.

There are many ways a driver can become distracted and cause a car accident. Some of the most common driver distractions include:

  • Texting
  • Cell phone use
  • Eating
  • Applying makeup or grooming
  • Reaching for something in the car
  • Reading, such as a map
  • Having a conversation
  • Thinking about work, a fight, or something else that is demanding your concentration

These distractions can cause life-altering car accidents and devastating injuries. If you were injured by a carelessly distracted driver, you deserve compensation for your injuries.

If you are searching for an experienced and aggressive Maryland car accident attorney, please contact the Law Offices of Stuart L. Plotnick, LLC to schedule a consultation. We represent clients in Virginia, Maryland, and Washington DC.

Filed Under: Blog

Determining Liability and How to Preserve Evidence After Your Auto-Accident; Act Fast!

August 30, 2013 By

Proving legal liability in a car accident case can be challenging, and car insurance companies only make it harder by working to minimize their losses and  not pay the injured party what they deserve. Virginia auto accident attorney Stuart L. Plotnick is dedicated to helping victims of car accidents recover the compensation they need.

The party “at-fault” in the accident is generally the party who will be obligated to pay for the property damages and medical bills of the other party. If that person was obviously negligent, for example, if they were speeding or ran a stop sign, then proving your case is much easier. If other factors contributed to your accident, such as road or weather conditions, it can be more difficult to determine who is liable because this gives the other a driver an excuse. Further, in states such as Virginia the rule of contributory negligence can be a real challenge.  The rule holds that even if the defendant or responsible driver was ninety-nine (99%) at fault, but the injured party was only one (1%) percent to blame, the injured party loses and cannot make any recovery at all. Totally unfair, but true!

It’s important after any car accident to seek medical treatment if necessary and gather as much information at the scene. Your health and recovery are always the priority; however, if you are able yourself, or with the assistance of a friend or family member, get photographs of the scene, your injuries and damage to both cars, get contact and insurance information for the other driver, contact for witnesses, the police officer and any other key information, as possible. The more evidence you have about the circumstances of the accident and the sooner you get it, the more likely it is to be preserved, and  the better our investigation can be of  your case.

If you or a loved one has suffered injuries in an accident, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Virginia auto accident attorney.

Filed Under: Blog

Choosing Your Personal Injury Attorney

August 16, 2013 By

Choosing your personal injury attorney is one of the most important decisions you’ll make about your mishap case. Your choices can seem overwhelming in the Maryland and Washington DC area, but when you know what to look for in a good personal accident attorney, your decision will be easy.

Look for a lawyer that you trust. You want someone to answer your questions about your case honestly, and you want someone who can explain what to expect in plain English. If you don’t feel comfortable with your consultation, you won’t feel comfortable with your representation.

You should also look for an attorney who has the experience you need. If you’ve been injured in a motorcycle accident and your attorney has never handled a motorcycle accident case, then you should keep looking. You want your accident attorney to understand the legal strategies that will work best in your case.

Lastly, look for an attorney that will give you the personal attention you need. Too often clients are shuffled off on junior associates that don’t have the experience you want in your representation. Make sure your attorney will be personally handling your case. You want them to be as personally invested in your settlement as you are.

If you or a loved one has suffered a personal injury at the hands of someone else, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Maryland personal injury attorney. We represent clients in Maryland, Virginia, and Washington DC.

Filed Under: Blog

Cell Phone Searches by Police for Distracted Driving Car Accidents

July 31, 2013 By

In an effort to combat the rising numbers of car accidents and injuries caused by distracted driving, the New Jersey legislature is considering a bill that would allow police to confiscate driver’s cell phones at the scene of accident if they have “reasonable grounds” to believe the driver was texting or talking when the crash happened. By all accounts this move is one of the first of its kind by law enforcement and other states are expected to review similar laws.

Maryland and Washington DC have already banned the use of handheld devices while driving, but New Jersey is taking it a step further in considering allowing police to search the driver’s cell phone for evidence. Police officers would be required to give the phone back to the driver after searching its texting and call history.

Opponents of the bill say the proposed law will face constitutional challenges for authorizing unlawful searches. “Probable cause” is generally required before police are allowed to conduct searches, especially for such a personal device as a cell phone, which is not only confiscation of the device itself, but the personal and private information or data usually stored on it about or concerning the owner.

Whether New Jersey is successful in passing this law and cutting down on distracted driving, it is clear from the 3,000 distracted driving deaths and 387,000 injuries reported in 2011 that something must be done to keep our families safe on the American roadways.

If you have been a victim of an accident involving distracted driving, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Maryland car accident attorney. Our office is conveniently located in Rockville, Maryland.

Filed Under: Blog

How long do I have to file a personal injury claim?

July 1, 2013 By

If you have suffered a personal injury at the hands of someone else, you shouldn’t delay in contacting a Maryland personal accident lawyer for a consultation about your possible claims. Statutes of limitations enacted by each state govern how long you are able to file a claim before your action is barred.

  • Maryland – most personal damage cases in Maryland have a 3 year limit from the time of injury to file your case.
  • Washington DC – also generally gives the injured person 3 years to file a claim.
  • Virginia – only 2 years are allowed to lapse before an injured person’s claim is barred.

If you do not file within the allotted time, you will not be allowed to pursue your personal injury claim, and you cannot recover damages from the defendant. And to file for damage protection benefits under your own policy the timeframe is usually shorter; for example a year in Maryland.

Remember that not all cases are alike, and there can be exceptions to the rules. When you’ve been injured in an accident, it’s best to consult an accident lawyer as soon as possible to see if you have a claim to recover compensation for your injuries.

If you or a loved one has been injured by someone else, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Maryland personal injury lawyer.

Filed Under: Blog

Pit Bull Debates in Maryland General Assembly

June 4, 2013 By

Last year, the Maryland Court of Appeals handed down a decision labeling pit bulls as “inherently dangerous.” A victory for dog bite victims and dog bite lawyers alike – this label means that owners and landlords are automatically held responsible for any injuries that their pit bull causes.

The General Assembly however, isn’t sure that the label should stick. They are expected to debate legislation during this session that would prevent any breed of dog from being labeled “inherently dangerous” by the state.

Dog bites cause personal injury to almost 5 million people each year. Those victims can recover compensation for their injuries much more easily if the legislature allows the state to categorize pit bulls as inherently dangerous. Without the inherently dangerous label, victims of dog bites and their dog bite lawyers will have to prove the negligence and liability of the pet owners and landlords, making it a much longer and difficult process to receive compensation for dog bite injuries.

Pet owners should be held responsible for dog and animal attacks. At the law offices of Stuart L. Plotnick, we are following this legislative debate closely. We are ready to fight for the victim’s rights and get you the compensation you deserve for these injuries.

If you’ve been injured by a dog bite, please contact the Law Offices of Stuart L. Plotnick for your free consultation with an experienced Maryland dog bite lawyer.

Filed Under: Blog

Cardiac Malpractice

May 31, 2013 By

Causing nearly 600,000 deaths a year, heart disease is the leading cause of death in this country. Unfortunately, the problem is often made worse by doctors and other medical professionals who don’t identify the signs and symptoms in some patients as heart related.

Medical malpractice lawyers see the same practice mistakes leading to cardiac injury time and again. These include:

  • Misdiagnosis or late diagnosis, especially in younger patients. Doctors are often reluctant to take heart disease warning signs seriously because they think the patient is too young to have a heart attack.
  • Surgical error. All surgeries come with risks, but the chance for medical malpractice makes them even more dangerous. For example, using a cardiopulmonary bypass machine for too long during heart surgery can result in complications for the heart, lungs, kidneys and brain.
  • Medication errors. Errors with medication can occur during prescribing, transcribing, dispensing, administering or monitoring your medication. There is a lot of room for human error in getting the correct medication for your cardiac health issues.

Medical malpractice lawyer Stuart L. Plotnick is committed to making negligent doctors acknowledge and pay for their mistakes. When you are concerned about your heart health, you want to know that a doctor is providing good medical care and not endangering your life with substandard practices.

If you or a loved one has suffered cardiac complications because your doctor has been negligent in your care, please contact the Law Offices of Stuart L. Plotnick for your free consultation with an experienced Maryland medical malpractice lawyer.

Filed Under: Blog

Why Do You Need a Medical Malpractice Lawyer?

May 24, 2013 By

When you or a loved one is injured by the negligent practice of a doctor or other medical professional, you can feel angry and betrayed. A medical malpractice lawyer can help you understand what went wrong and seek compensation from the doctor, hospital or their insurer.

Experts Needed

Medical malpractice cases require experts to analyze the care you were given and testify that it did not meet the accepted standard of care in that medical community. Whether it’s a hospital error, surgical error, or misdiagnosis, our medical malpractice lawyers understand the complexity of testimony needed for these types of cases. We can make sure you have the right experts to evaluate your claim.

Time Limits

Because of the technical nature of medical malpractices cases, it’s wise to hire a medical malpractice attorney as soon as you know about the injury. In most states a statute of limitation will apply that enforces a time limit on bringing your case. And in every case, it’s better to start gathering information and investigating the incident as soon as possible.

If you or a loved one has suffered injuries because of the negligence of a medical professional, please contact the Law Offices of Stuart L. Plotnick for your free consultation with an experienced Maryland medical malpractice lawyer.

Filed Under: Blog

Car Accidents in Parking Lots

May 17, 2013 By

Although we often think of parking lots as relatively safe places with slow moving vehicles, these congested areas full of pedestrians and distracted drivers are ripe for car accidents and serious injuries. As a Maryland car accident lawyer, Stuart L. Plotnick has seen client’s lives thrown off course by car accidents in parking lots.

Parking Lots Can Be Deadly

In a study conducted by the National Safety Council’s Journal of Safety Research 2,057 work-related deaths were reported in a ten year period on company parking lots. These are just work-related deaths and don’t take into account other injuries or the thousands of injuries and deaths that occur in shopping center, airport, or other parking lots.

We shouldn’t let our guard down in parking lots. Pedestrians and drivers should treat parking lots with attention and care just as they would an intersection. Car accidents with pedestrians cause more than 70,000 injuries a year.

Avoiding Parking Lot Accidents

Take precautions when driving in a parking lot. Use lower speeds and be aware of your surroundings. Just because you’re driving slowly through a parking lot, doesn’t mean it’s time to pull out your cell phone or send a text.

If you have been injured in a parking lot car accident, please contact the Law Offices of Stuart L. Plotnick for your no-cost consultation with an experienced Maryland car accident lawyer.

Filed Under: Blog

Can I Receive Compensation If I had a Preexisting Condition?

May 10, 2013 By

Yes. Even if you have preexisting injuries, you can recover compensation for injuries you received because of someone else’s negligence. When you first meet with your Maryland personal injury lawyer you should talk about your preexisting condition and how your injuries have worsened.

You Can Still Receive Compensation

Insurance companies often like to bring up preexisting injuries as a defense to paying out what they should for your recovery. But under the law, the negligent party is responsible for aggravation of your condition. The person at fault doesn’t get to benefit by paying less because you were already injured.

For example, if John had a shoulder injury from playing baseball in high school and he got hit by a truck on the highway, he should still be able to recover compensation for his injuries in the truck accident.

Get Help from a Personal Injury Lawyer

Getting a personal injury lawyer to fight for your rights is important in every case. But if you have a preexisting condition, it’s even more critical to have a personal injury lawyer like Stuart L. Plotnick on your side. He’s worked for the insurance companies. He knows what defenses they will try and how to combat them.

If you’ve been injured in an accident, please contact the Law Offices of Stuart L. Plotnick for your no-cost consultation with an experienced Maryland personal injury lawyer.

Filed Under: Blog

What is negligence and can I recover if I am injured?

May 6, 2013 By

Negligence of one party causing personal injury to another is one of the most common and leading causes of accident. Here is my take on an explanation of negligence and how it leads to personal injury lawsuits, which I hope you will understand and appreciate in terms of what your rights may be and whether you need help from an attorney.  I write this because I face these common questions and issues when a new client contacts me about an accident or injury that he/she may have sustained and want(s) to know what their rights are and if and what they can recover.

What is negligence and how is the defendant found to be at fault ? In short, negligence occurs in several ways.  First, you need to accept the fact that we live in a world of rules and regulations as to how we are supposed to interact or “play” with each other.  Negligence occurs when one person does not follow a rule of the game (i.e. legal duty) at all, or they perform the rule or duty improperly and this failure results in an accident to somebody, which in turn gives rise to a claim or lawsuit.    The law holds the person who did not follow the rule to be responsible to the injured party or “Plaintiff” for all injuries, losses or damages  caused by the failure to meet the rule.

Not Criminal; I did not mean to hurt you: In cases of negligence the conduct of the wrong-doer is not intentional.  The wrong-doer usually does not intend to break the rule or hurt anyone, as in criminal cases where the defendant wants to hurt or do harm.  In a negligence case, the defendant usually just did not know the rule, was mistaken about it, or was not paying attention with the level of detail that the rule requires, and as a result did not live up to the standard of action required. That’s why we use the word accident when discussing negligence and personal accident cases.

How do we know if there is negligence:  We live in a society where there are certain laws, rules or regulations, and essentially “codes” of acceptable behavior or conduct that create standards of care which serve as a measuring stick as to how we should act, or not, in almost every situation or activity.     Driving is great example. How often do we drive by the scene of a car accident on the way to work and pause to think about what happened?  The driver of one of the cars had a duty either imposed by the law, an unwritten rule of the road, or common sense to drive his car in a certain manner or standard, but failed to, which resulted in the auto-accident and possibly personal injuries to the other driver.    That duty or obligation may be to stop at the stop–sign, drive at a certain rate of speed, follow at a certain safe distance, keep the car brakes in good working order, or obey some other traffic signal or rule of the road, but due to some reason, which is or is not excusable, the driver failed to live up to this standard or rule, and bang, causes an auto-accident, injuring somebody else .  This same concept that applies to the auto-accident applies to more complicated matters such as a medical malpractice case, where the doctor did not meet the rule/standard e.g. missed something during the patient examination or made a mistake performing a surgical procedure, that is determined, based upon a rule or practice in medicine, to be something he/she should have seen or done.  This failure then leads to some injury to the patient.

Instructions on the back of the lawnmower box or in the owner’s manual can also be evidence of the proper standard of care to use, as can common sense, e.g. don’t touch a stove when it’s hot.

Laws, regulations or common practices are usually a good benchmark in determining negligence:      In many cases we look first to see if there are laws or written rules that apply to the situation in order to determine how we are supposed to conduct ourselves. Staying with the auto-accident example, the proper standard of conduct may come from the traffic laws e.g. the speed limit sign posted where the accident occurred.  In a truck accident, the trucking company’s own driving policies and procedures may be proof a standard and the appropriate conduct.   Finally, if there is no fixed law or standard, we look to what reasonable people would deem appropriate conduct in the situation. This is based upon our everyday experience and common sense.  This is called the “reasonable-man” standard.

Also, there may be different levels of duty for identical situations. For example, there will be different level of duty between the driver of a passenger car and the driver of a tractor-trailer carrying dangerous cargo.  We know that the laws of physics do not apply in the same way as to how such vehicles react under the same conditions (e.g. braking on wet roads), so the driver of the tractor-trailer, because it is harder to maneuver and presents a greater danger if driven improperly, will have to be better skilled and perform with a higher level of precaution when driving.  That’s why he/she must have a special license and training. For example, he will have to apply his brakes a further distance back from the red light in order to stop his truck in time on a highway versus the Honda mini-car.

Second, even though there may not be a particular law that spells out word-for-word what is required of the other driver or the doctor, years of experience and human behavior can also provide guidance as to what the proper standard of behavior or duty in a particular situation should be. We don’t need a law to tell us that ice is slippery, and thus in turn creates a duty on a landlord or property owner to clear the ice or take some precaution to make his sidewalk or parking lot safer when there is ice on it. This is common sense based upon experience (slippery ice leads to falls).  We simply know many things or actions are do’s and don’ts, which can create a danger, based upon experience, and as a result it may trigger a duty to protect against them even when there is no formal law or rule on point.

Assuming I have been injured due to negligence; now what. Is there a case! First, keep in mind that there are exceptions to every rule, including the rules of negligence.  These will be discussed in more detail in future writings, but here are some basics.  Contributory Negligence:  First, your attorney must examine the other side of the coin. There are always two sides to a story.  A key one is, did you have any role in causing the accident that has harmed you.  If you did, you will likely not win your claim.  The law calls this defense or bar, contributory negligence.  Contributory negligence is a harsh and even unfair to injured Plaintiffs because it is not a “majority wins” rule.  For example, in the auto-accident case above, we learn that the driver who was hit in the rear stopped short possibly not giving the other driver sufficient notice or distance to slow down, or the victim changed lanes in front of the Defendant right before the impact.  It is possible that a jury could find that the act of stopping short was not only improper but it too was negligent and contributed to the accident.  The Plaintiff loses!

If you see the ice, you too have to be more careful. The rule is so harsh that it holds that the Defendant can be 99% at fault, and the victim only 1%, but that is enough to defeat the case. Maryland, the District of Columbia and Virginia are several of many states that apply this all or nothing approach to negligence claims.

What if there is no contributory negligence or fault on my part; then do I win?  Well maybe; it depends: In any claim there are two parts the we as lawyers and our clients must examine; who is responsibile (negligence—see above); and what are the injuries or damages caused, if any.  Let’s assume the Plaintiff (Car #1) who is hit from behind was not negligent in any way, so they will win on negligence, the next part of the evaluation becomes are there losses or injuries worth pursuing, and if so, do we any have other issues.  If you just stubbed your toe, well then a lawyer is not likely to take your case because it has no value, whereas if you were severely injured, the value is much greater.  This is the Catch-22.  Would you rather have little or no damage and get little or no recovery, or be able to get a large settlement, but only  because you have been severely injured!  I would hope the first situation, where you are okay and good as new in a few days or weeks.

The world of causation:  Assuming you do have an accident or loss that has some value attached to it, the next question is what we call one of causation.  Did the accident cause your injury or did something else?  Example:  John has had back problems for the last 5 years.  He has had a surgery and is still under the care of doctors for his back at the time of his accident where he is clearly the victim.  He claims an injury to same part of his back that has bothered him for many years.  This is a causation problem.  We have to be able to separate the two injuries, the one from the accident and the one from John’s previous/ongoing back issues. If we cannot, it is an uphill, difficult battle for John because there is another reasonable explanation for his back damage.  Thus, the closer the overlap in time and location between the one accident and the other, the harder the case. Separate body-part: Now on the other hand, if John was under care for his lower back at the time of the accident, and now has problems in his neck (upper back) and left arm, then there is a clearly separate injury caused by the accident. Aggravation of prior injuries:  Let’s use John and his auto-accident again.  If John did have a prior back problem, but it was 10 years ago and there is no treatment or complaints from John for 10 years, and then the accident causes his damage to flare-up all over again, then the law holds the negligent party potentially for what is called an aggravation of a preexisting injury i.e. John was doing just fine until you hit him.  The important factor here is we have a gap in time between John’s past damage and the flare-up.  We can show separation and two distinct timeframes.

I hope this helps. If you have suffered a personal injury due to negligence, or if you need our help with an employment discrimination claim, please contact the Law Offices of Stuart L. Plotnick, LLC today to schedule a free case evaluation with one of our experienced Maryland personal injury attorneys. We look forward to meeting you.

Filed Under: Blog, Personal Injury

Questions to Ask Your Car Accident Lawyer

April 26, 2013 By

When you meet with car accident lawyer Stuart L. Plotnick, he’ll have a lot of questions for you about your accident, but don’t be afraid to ask questions too. You want to make sure that you feel comfortable with the process of pursuing your legal case and confident in the representation you’ll receive.

You should feel free to ask any questions you need your car accident lawyer to answer. No question is silly. Consider asking questions like these:

  • What is your experience as a car accident lawyer?
  • How much do you think my case is worth?
  • How long do you think my case will take?
  • How much do you charge?
  • What can I do to help my case?

A personal injury and damage claim can take a while to settle and may need to go to trial. You want to be sure that your car accident lawyer is committed to seeing your claim through and has the experience necessary to get you the compensation you deserve.

Mr. Plotnick has spent years representing clients like you, and he has worked for insurance companies on the other side. He knows the ins and outs of preparing car accident cases, and will work to recover the compensation you are entitled to.

If have been injured in a car accident, please contact the Law Offices of Stuart L. Plotnick to speak with an experienced Maryland car accident lawyer. Your initial consultation is free.

Filed Under: Blog

Whiplash Injuries

April 19, 2013 By

Whiplash injuries occur most often in car accidents. They require medical treatment and can require extended rehabilitative care. Maryland car accident lawyer, Stuart L. Plotnick can help you pursue the compensation you need for recovery.

Whiplash is a likely injury from rear-end motor vehicle accidents. When struck from behind, the head and neck of the driver or passengers is jerked forward or backward causing a neck sprain. Symptoms may take more than 24 hours to develop. You may experience:

  • Headaches
  • Neck pain and stiffness
  • Should pain or pain between shoulder blades
  • Dizziness
  • Ringing in the ears
  • Blurred vision

In most cases a CT scan or an MRI is needed to diagnose a whiplash injury because the damage is centralized in your soft tissues, which can’t be seen on standard x-rays. Treatment will vary for each individual, but you may need physical therapy, pain medications, and a cervical collar.

A common myth about whiplash injuries is that whiplash doesn’t happen in low speed impacts where vehicles don’t sustain much damage. The opposite is actually true. Low impact collisions can cause higher incidences of whiplash because your body is absorbing greater injury from the crash than the car is.

If you’ve suffered whiplash in a car accident, please contact the Law Offices of Stuart L. Plotnick for your free consultation with an experienced Maryland car accident lawyer.

Filed Under: Blog

Wrongful Death as a Result of Medical Malpractice

April 12, 2013 By

As the sixth leading cause of death in the United States, medical malpractice is to blame for more than a quarter million deaths each year. These deaths could have been prevented with competent treatment from a medical professional. Maryland medical malpractice lawyer Stuart L. Plotnick believes in holding negligent doctors responsible for their mistakes.

Wrong Diagnosis

Misdiagnosis or late diagnosis can be a huge factor in medical emergencies or cancer cases. When time is of the essence and the doctor completely misses the mark with diagnosis, it can cost your loved one their life. Survival rates, especially for cancer patients, significantly decrease the longer the illness goes untreated.

Surgical Errors

In the operating room, the patient’s life is in the doctor’s hands. Although all surgeries have risks, negligence by the surgeon shouldn’t be one of them. Surgical errors range from leaving surgical instruments in the body to perforating healthy organs.

Hospital Errors

Hospital errors lead to 180,000 deaths annually. Errors by hospital staff and doctors can be as simple as failing to wash hands between patients. But that’s an easy way to spread infections and disease. When hospital staff aren’t provided enough training, resources, and supervision, you and your loved ones suffer the consequences.

If you’ve lost a loved one because of medical malpractice, please contact the Law Offices of Stuart L. Plotnick for your free consultation with an experienced Maryland medical malpractice lawyer.

Filed Under: Blog

Cell Phone Use and Car Accidents

April 5, 2013 By

Cell phone use is a major contributing factor in car accidents today. As a Maryland car accident lawyer, Stuart L. Plotnick has seen too many lives devastated by drivers who chose cell phone distractions over safety.  According to the National Highway Traffic Safety Administration:

  • You are 23 times more likely to get into a motor vehicle accident if you text while driving
  • Over 800,000 vehicles are being driven every moment during the day by someone using a handheld device
  • 16 percent of all distracted driving accidents involve drivers under 20 years old

The text or the call can wait. It’s just not worth your life or someone else’s. The states are starting to come to terms with these dangers and mandate that we put the phone down while we’re driving.

  • Maryland and Washington DC ban all handheld cell phone use including texting while driving.
  • Virginia bans texting while driving and handheld cell phone use for novice drivers (under 18).

If you’ve been the victim of a car accident because someone else decided to use their cell phone while driving, please contact the Law Offices of Stuart L. Plotnick for your free consultation with an experienced Maryland car accident lawyer.

Filed Under: Blog

How Do I Know if I Have a Personal Injury Claim?

March 31, 2013 By

If you’ve been injured by someone else, you may have a personal injury claim and be entitled to compensation for your injuries. Meeting with a Maryland personal injury lawyer is the best way to get your claim evaluated, but generally you must meet the following criteria to have a successful personal injury claim:

  • You were injured
  • You suffered damages
  • Someone else was at fault

Personal accident claims can arise from car accidents, work accidents, medical malpractice or any other circumstances where someone owed you a duty of care and failed to meet that obligation. You may be able to recover compensation for:

  • Medical bills
  • Lost wages
  • Pain and suffering

The compensation you will be able to recover depends on the extent of your damage, the time needed for recovery, and the impact the accident will have on your future. Personal accident claims can include injuries like:

Suffering with your injuries is painful enough, but knowing that someone else’s negligence altered your life can make you feel helpless and angry. Talking with a lawyer can help you understand your legal rights and get you on the path to physical and financial recovery.

If you’ve suffered injuries because of the carelessness of someone else, please contact the Law Offices of Stuart L. Plotnick for your free consultation with an experienced Maryland personal injury lawyer.

 

Filed Under: Blog

Dealing with Insurance after Car Accidents

March 25, 2013 By

When you purchased your auto insurance, the insurance company was probably very helpful and offered assistance in person, on the phone or online. Once you’ve actually been involved in a car accident though, the insurance company can become unreachable and uncooperative. That’s when you need a Maryland car accident lawyer on your side.

When dealing with a car insurance company after a motor vehicle accident, remember these tips:

  • Don’t sign paperwork until you’ve had your car accident lawyer review it
  • Don’t give a recorded statement to an insurance adjuster
  • Don’t speak with anyone about the accident except your lawyer, your doctors and the investigating officer at the scene
  • Don’t accept an insurance settlement until you have consulted a car accident lawyer

At the offices of Stuart L. Plotnick, we have over 20 years of experience dealing with insurance companies. Before starting the firm a decade ago, Mr. Plotnick worked as a lead trial attorney for two major insurance companies. He is well aware of the tactics they will use to deny your claim or get you to settle for less compensation than you deserve.

If you’ve been injured in an accident, please contact the Law Offices of Stuart L. Plotnick for your free consultation with an experienced Maryland car accident lawyer.

Filed Under: Blog

How to Make Sure Your Child Isn’t a Bully

March 18, 2013 By

As a Virginia bullying lawyer, Stuart L. Plotnick sees the focus in many bullying incidents on protecting our children from bullies. As parents, we should also be concerned that our children aren’t the aggressors.

Signs that your child may be acting as a bully include:

  • Getting into frequent physical and verbal fights
  • Showing increasing aggressiveness toward others
  • Getting detention and frequent calls to the principal’s office
  • Having unexplained extra cash or new belongings

You can take certain precautions at home to make sure your child understands that social, physical, and cyber bullying are not acceptable.

  • Encourage your children to talk about bullying and the effects it can have on them and other children.
  • Promote a nurturing home environment filled with mutual respect and understanding, where they can express how they are feeling in a safe space.
  • Don’t allow bullying behavior between siblings. This extends beyond normal sibling rivalry, and if tolerated at home can send the child the message that it’s okay to act aggressively toward schoolmates.
  • Avoid telling your children that bullying is part of growing up.
  • Avoid telling your children that fighting physically or verbally is a good resolution to problems with others.
  • Don’t be afraid to seek professional help if your child is acting out and bullying others. A medical or mental health professional can help you and your child understand bullying behaviors and how to develop alternate expressions for the child’s emotions.

If your child has suffered from bullying, please contact the Law Offices of Stuart L. Plotnick to schedule your free consultation with a Virginia bullying lawyer.

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