Every case is different. Settlements and verdicts in all cases depend on various factors and circumstances which are unique to each individual case. Past case results are not a guarantee or prediction of similar results in future cases.

Blog Posts in January, 2011

  • Deadly Accident on Canal Road Could Have Been Prevented.

    Posted By Page1Admin || 31-Jan-2011

    Two men were killed on January 14, 2011 in a fatal car crash that occurred on Canal Road between Clark Place and Reservoir Road. The driver of the vehicle, Milos Milicevic was driving on Canal Road shortly before 5 a.m. when he lost control of his 2001 Jaguar on ice. The car slid across the road and into oncoming traffic. This particular area of Canal Road has been a trouble spot for years. The ...
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  • As hundreds of thousands of young athletes practice and compete in a wide variety of sports daily, there is no doubt that these sports are a great way for kids and teens to stay healthy, as well as learn important leadership and team-building skills. However, researchers are discovering that young athletes often do not recognize when they have a concussion. A concussion can have long term impacts ...
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  • Because the law wants to encourage people to take out insurance, the fact that you have health insurance does not interfere with your ability to recover. If you collect your medical expenses from your insurance carrier you may still collect from the wrongdoer. The law does not protect or reward the wrongdoer a benefit because you were smart and thoughtful enough to purchase insurance to protect ...
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  • WMATA Safety & Security Tips while riding Metrobus:

    Posted By Page1Admin || 21-Jan-2011

    Call boxes at the end of each rail car enable any rider to report an emergency to the operator. Train operator is in constant radio communication with Central Control. Every rail car has an emergency door release behind the panel next to the middle doors. The panel carries instructions for releasing the doors and evacuating passengers. Door chimes alert passengers to stay clear of the doors as ...
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  • Compensatory Damages

    Posted By Page1Admin || 20-Jan-2011

    There are basically two types of damages for which an individual can recover, compensatory damages and punitive damages. Compensatory damages in a personal injury case involve compensating the carelessly injured party for personal injuries that they sustained depending on their extent and duration, whether they are permanent, the extent to which they affect the overall physical and mental ...
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  • Damages

    Posted By Page1Admin || 19-Jan-2011

    An individual can recover for damages for bodily injury even though the person may have a preexisting condition or a susceptibility to injury. What that means is that the wrongdoer does not benefit from the fact that the individual that they carelessly caused an injury to happened to be very old, frail, or had preexisting conditions or diseases (such as arthritis) which make them particularly ...
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  • Contributory Negligence and Assumption of the Risk

    Posted By Page1Admin || 19-Jan-2011

    We have discussed at length the fact that negligence means the careless conduct by an individual causing an injury. However, even if another individual caused an injury, the injured party must be completely blame-free or he will not be permitted to recover. So, a plaintiff cannot recover if his carelessness is a cause of the injury. Similarly, if an individual assumes the risk, for instance, of ...
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  • Last Clear Chance

    Posted By Page1Admin || 18-Jan-2011

    Ordinarily if a plaintiff causes or contributes to the incident taking place, the plaintiff is barred under the concept that he was also careless. However, there is a doctrine called "last clear chance", which permits even a negligent plaintiff to recover if the wrongdoer saw that the plaintiff was in a dangerous situation and thereafter, even though he had a fresh opportunity to avoid the injury ...
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  • One frequently asked question relates to whether a child can be prohibited from filing a claim because their parent did not do what they should have done. For instance, if a parent failed to properly place a child in a car seat or seat buckle the child in and the parent drives negligently or the parent is driving and another individual or driver causes a collision, does the fact that the parent ...
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  • The Doctrine of Res Ipsa Locquitor

    Posted By CSCS || 17-Jan-2011

    When an accident happens the court is not permitted to conclude that the accident happened as a result of negligence. Instead, there ordinarily has to be proof of negligence - that somebody went through a "red light" or acted unreasonably under the circumstances. An exception to this rule is when an injury does not happen ordinarily in the absence of negligence. In that case, we can ...
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  • Negligent Misrepresentation

    Posted By Page1Admin || 16-Jan-2011

    Negligence not only takes places in the context of automobile accidents, medical malpractice, and slip and falls, but can also take place in a context of misrepresentation. Misrepresentation involves a statement made by one person to another which contained a misrepresentation of a material fact. The person who made the misrepresentation of the material fact must have had reason to believe, and ...
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  • The Concept of Negligence

    Posted By Page1Admin || 16-Jan-2011

    Negligence is doing something that a person using reasonable care would not do or not doing something that a person reasonable care would do. Reasonable care is the skill or attention a reasonable person would use under similar circumstances. Accordingly, a determination whether or not somebody was negligent can come down to something as simple as whether or not they went through a red light - ...
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  • A local government has the duty to keep its public sidewalks, streets, and highways in good repair. When defective or unsafe conditions are known or should have been known to the government, it has a duty to give warnings to the public of these defective or unsafe conditions that are still unrepaired. The government is supposed to know about a defect or unsafe condition if reasonable care would ...
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  • The duty to share the roadway with a pedestrian:

    Posted By Page1Admin || 15-Jan-2011

    A pedestrian is an individual who is traveling on the roadway on foot. An operator of a motor vehicle has the same duty to exercise ordinary care when confronted with pedestrians sharing the roadway. The pedestrian must also exercise ordinary care to avoid being injured by motor vehicles. So, the obligations of the motor vehicle operator and the pedestrian are reciprocal, which means that each has ...
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  • There are excuses that are often asserted that cause the collision excusing the negligence. One example of that is if there was a sudden emergency. A sudden emergency requires a driver to react quickly because of an emergency that takes on the roadway which was not of his making. Under those circumstances, a driver is expected to use reasonable care under the circumstances, rather than the ...
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  • We have previously discussed the fact that you could be held liable for the negligent acts of your employee or your agent, even somebody that was just running an errand for you. Another way you could be responsible for the acts of another individual is if you carelessly provide a motor vehicle to an individual who you know presents a danger to others on the roadway. Examples of individuals who you ...
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  • Misuse of legal procedure

    Posted By Page1Admin || 13-Jan-2011

    The newspapers are replete with stories about "frivolous lawsuits". The law protects against the filing of frivolous lawsuits. Therefore, the concept is just a publicity campaign by insurance companies and others who have little sympathy for individuals injured as a result of the negligence of large corporations and others. The law recognizes that if you sue somebody without any cause ...
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  • Assault and battery: what is the difference?

    Posted By Page1Admin || 13-Jan-2011

    Many people talk about assault and battery as if they were the same thing. An assault is an intentional act or a threat to cause physical harm to another person without consent of the other person. Actual contact is not necessary for there to be an assault, but it must appear to the person that the threat is made against that the person who is making the threat has the ability to carry it out and ...
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  • What is defamation?

    Posted By Page1Admin || 12-Jan-2011

    Defamation is a false statement about another person that exposes the person to public ridicule, contempt, or hatred and discourages other members of the community from having a good opinion of that individual or wanting to associate with them. Defamation can either be verbal, at which time it is called slander, or in writing, at which time it is called libel. An individual is defamed either in ...
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  • What is a nuisance?

    Posted By Page1Admin || 7-Jan-2011

    We frequently refer to somebody as a nuisance. Well the law recognizes "nuisance" as an inappropriate behavior pattern. The nuisance is an unreasonable conduct which causes real, substantial and unreasonable damage or interference with another person's ordinary use and/or enjoyment their property. Nuisance could relate to an adjacent landowner's use of loud music, burning or utilizing other ...
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  • The duty of a landowner to individuals on their property varies depending on the status of an individual who is on the property. Generally speaking, an individual who is invited onto a person's property is owed the highest duty of care. An invitee can expect that the landowner used reasonable care to make sure that the property may be expected to be user safe. However, if the invitee goes beyond ...
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  • Mot only are operators of vehicles or other agents responsible for their behavior, but individuals and corporations that employ the negligent party are also responsible for the negligent conduct of their driver. The law imposes a duty on the employer and others to assure that they select competent personnel and that they are adequately trained and supervised. The law demands that the employee not ...
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  • There are basically two types of witnesses. There are people without special, professional qualifications that have relevant information regarding the case. Those are called "lay" witnesses. The second kind of witness is an expert witness. An expert witness has knowledge beyond that of a "lay" witness and can provide opinion testimony. Ordinarily lay witnesses cannot provide testimony regarding ...
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  • Set forth below is some important information about the law: What does the law provide? The new law prohibits drivers from using a cell phone without a hands free device while operating a motor vehicle in motion on a street or highway. The law also prohibits school bus drivers or a holder of a learner's permit, or provisional license from talking on a cell phone while driving. Are there any ...
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  • Direct and Circumstantial Evidence

    Posted By Page1Admin || 4-Jan-2011

    In evaluating evidence there are basically two types of proof. One is direct evidence, such as eye witness testimony or photographs. Another type of evidence is circumstantial evidence- that is evidence that leads to a conclusion based on a chain of facts and circumstances that point to the existence of a particular conclusion. For instance, if an eye witness saw a motor vehicle come to a quick, ...
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