ChasenBoscolo Injury Lawyers | Injury Law Blog

Maryland Wrongful Death Lawsuit Challenges Caps on Compensatory Awards

by Keith Adkins | January 27th, 2015

If a person dies as the result of negligence on the part of a government official in Maryland, the family of the victim has a right to seek compensation for their losses from the municipality the defendant is associated with. Caps placed on civil judgments against the government may limit the award though.

Current Maryland legislation dictates that local governments are limited to liability of no more than $200,000 per claim and a total of $500,000 for all claims stemming from an individual case; however, a Maryland wrongful death lawsuit is challenging this particular law.

According to an article from the Washington Post, a 43-year-old Maryland man was shot and killed in an altercation with an off-duty Prince George’s County police officer who was working as a security guard. The officer argued he acted in self-defense, but a jury disagreed and awarded the victim’s family $11.5 million.

The case was appealed though, on the grounds the award violated the Local Government Tort Claims Act. A decision in the case is expected at a later date.

Those in favor of the caps say they are an effective means of preventing local governments from being bankrupted by a single claim. Those opposed to the caps say they are in violation of Maryland’s constitution.

The Maryland personal injury attorneys with ChasenBoscolo Injury Lawyers have seen how difficult it can be to recover physically and financially after the loss of a loved one and that’s why we’re hopeful a decision in this case will bring a sense of closure to the family of the victim.

 

 

 

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Virginia Lawmakers Consider Easing Penalties, Though Speeding Is a Leading Cause of Accidents

by Keith Adkins | January 21st, 2015

Speeding is a serious problem along the roads and highways surrounding our nation’s capital. In 2013, speed was listed as one of the causes of auto accidents in 339 Virginia crash fatality reports, which is why it’s so surprising the commonwealth is considering changes to the law that would loosen the penalties for speeding violations.

According to an article from ABC 7 News, lawmakers are considering passing a bill that would bump the limit for a misdemeanor reckless driving charge from 80 MPH up to 85 MPH. Those in favor of the change say it’s not fair that individuals caught going a mere 11 MPH over the speed limit on a highway can face harsher penalties to someone who is driving 55 MPH in a 35 MPH zone. The bill’s sponsor, Del. Jeffrey L. Campbell, also states many drivers who plead guilty to such charges don’t understand the severity of the violation.

Those who are against the changes argue that increasing the limit could send the message that speeding is tolerated in Virginia.

The bill will go before a committee hearing prior to being voted upon at a later date.

At ChasenBoscolo Injury Lawyers, we’re aware of the hazards speeding can pose not only to the driver engaging in the behavior, but other motorists on the road as well. That’s why our Virginia personal injury attorneys encourage you to do your part to keep our highways safe by pledging not to speed when driving. Simply promise that you won’t go above the posted speed limit when you’re behind the wheel and encourage others to do the same. Getting all motorists to obey the law is the only way we can reduce accidents, injuries, and deaths on our roadways.

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What’s Protecting You From a D.C. Train Injury?

by Keith Adkins | January 13th, 2015

The Metro is an integral part of how the citizens of Maryland, Virginia and Washington, D.C., commute around the metropolitan area. In recent months though, Metro trains, subways and the new streetcar system have come under heavy public scrutiny due to a large number of accidents involving these vehicles.

On Monday, January 12, tragedy struck when one passenger died and at least 83 passengers required medical treatment at area hospitals after a Metro train was stuck 800 feet into a smoky tunnel near the L’Enfant Plaza Metro platform. The National Transportation Safety Board is investigating the circumstances of the tragic event. Although the NTSB has not yet set forth the cause of the fire, it is believed that an electrical arcing event occurred in front of the train, filling the tunnel with smoke.

According to The Washington Post, a construction worker first noticed smoke coming from a street vent at 9th and Water streets, SW and called 911 at approximately 3:18 p.m. At 3:22 p.m., Metro told the D.C. Fire Department that there was smoke in the Metro station. By 3:44 p.m., Metro notified firefighters that electricity to the third rail had been shut off and the firefighters could enter the tunnel. According to one passenger’s text, the first fire fighters arrived to the train cars at 3:48 p.m.

According to Metro, its the first passenger death since the 2009 Red Line train derailment in Silver Spring, Maryland, that lead to nine deaths.

With so many accidents occurring and such a large number of metropolitan D.C. residents dependent on these systems as their means of transportation, many wonder what is being done to protect public safety regarding trains.

Those who are injured as the result of a train accident may have a right to seek compensation for their losses, whether they were WMATA employees, first responders, fire fighters, emergency personnel or passengers.

If you’ve been injured in a train accident, it’s important to recognize that help is available and the Maryland, Virginia and Washington, D.C. personal injury attorneys at ChasenBoscolo Injury Lawyers are here to assist you. Our legal professionals are standing by to not only answer any questions you may have regarding your case, but we can also walk you through each part of the legal process of securing compensation for your losses. To learn more about what we can do for you, give us a call at (888) 744-7761.

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How Obeying “Move Over” Laws Can Help Prevent a Virginia Car Accident

by Keith Adkins | January 6th, 2015

Emergency responders—like police officers, paramedics, and even tow truck drivers—risk their lives each day along our highways to ensure the safety of others; however, many drivers don’t offer these individuals the same protection by moving over in traffic when they see a stopped emergency vehicle, which can often lead to a deadly Maryland and Virginia car accident.

An article from NBC- Washington News highlights just how common Virginia car accidents caused by a driver’s failure to move over for a stopped emergency vehicle are. The report discussed two recent collisions that were caused by drivers who didn’t adhere to “Move Over” laws—one was fatal and the other resulted in a State Trooper being seriously injured.

There are laws in place in both Virginia and Maryland to prevent these crashes, but reports indicate a large number of motorists are unaware of “Move Over” laws or simply don’t obey them. The regulations require all vehicles to move over a lane in traffic when an emergency vehicle is stopped with its lights activated. If there is no other lane to move into, vehicles should slow down to a speed of 20 miles per hour below the posted speed limit.

At ChasenBoscolo, we recognize the importance of adhering to “Move Over” laws and our Virginia personal injury lawyers ask that all drivers do their part to keep emergency workers safe by changing lanes of traffic and slowing down when they see a stopped emergency vehicle.

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The Basics of What You Need to Know About a Spinal Cord Injury

by Keith Adkins | December 30th, 2014

It’s estimated that each year, approximately 12,000 Americans will suffer a spinal cord injury that inhibits their ability to function. With so many individuals falling victim to these injuries annually, many wonder who is most at risk, what the common contributing factors to these injuries are, and what you should do if you suffer a spinal cord injury.

Spinal Cord Injury Statistics

Data indicates men are more likely to suffer spinal cord injuries than women, considering more than 80 percent of victims of spinal cord and back injuries are male. Caucasians are more likely to become victims of this particular type of injury as well, accounting for more than 60 percent of reported cases since 2010.

Causes of Spinal Cord Injuries

According to the National Spinal Cord Injury Statistical Center, there are several common contributing factors to spinal cord injuries in the United States. Vehicle and transportation accidents are among the most commonly reported causes, making up more than one-third of all spinal cord injury cases that are reported. Slip and fall accidents follow closely behind, making up 28.5 percent of spinal cord injuries. Acts of violence and sports-related injuries are also reported as causes of spinal cord injuries on a regular basis.

What Should I Do if I Suffer a Spinal Cord Injury?

Treatments for spinal cord injuries can be costly and time-consuming. That’s why you may want to speak with a Maryland personal injury attorney about your legal rights if you’re the victim of such an injury.

At ChasenBoscolo Injury Lawyers, we can help guide you through the legal process, and may be able to help you get the compensation you deserve for your spinal cord injury. Feel free to give us a call at (888) 744-7761 to learn more about how we can help you.

 

 

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What You Can Do to Prevent Holiday Drunk Driving Accidents

by Keith Adkins | December 23rd, 2014

As we prepare to celebrate for the holidays, it’s important to remember that the chances of being involved in a drunk driving accident tend to spike around Christmas and New Year’s in Maryland and Washington, D.C. Data shows that each year, the region sees a number of fatalities and dozens of injuries as the result of collisions where alcohol or drugs were a contributing factor.

To help combat the problem of increasing chances of drunk driving accidents around the holidays, a new smartphone app is available to help you know if you’ve had too much to drink. My FOX DC reports the app was funded by a $50,000 grant from the National Highway Traffic Safety Administration and was then developed by the Maryland Highway Safety Office.

The technology is called ENDUI—pronounced “End DUI”—and is simple to operate. Users input their personal information, like sex, weight, height, and how many drinks they’ve had, and the app calculates the individual’s blood-alcohol level. You can then use the number provided to determine if you need to find an alternative ride home.

There are also several games to test motor functions. One game tests users’ reaction times by requiring them to hit a “brake” button when prompted, while another game measures memory recall.

While these devices can give you an idea of how intoxicated you are, the Maryland personal injury lawyers with ChasenBoscolo ask that you never get behind the wheel of a car if you’ve consumed any amount of alcohol. Instead, utilize a designated driver or taxi to get home safely. We hope these tips and technology help you to have a happy and safe holiday!

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Juries Award $46 Million In Damages to Victims of Transvaginal Mesh Failure

by Keith Adkins | December 16th, 2014

Medical products in the United States must undergo rigorous safety testing to ensure the device is safe for use on patients. Sometimes though, products are released that can cause serious harm.

Take the dozens of cases of transvaginal mesh failure that have been filed in courts across the country as an example. The product was designed to support the internal organs of women who have undergone hysterectomies or had complications due to menopause or childbirth. Unfortunately, the materials and techniques used to implant the devices are prone to failure, which can cause the mesh to cut into the body, embed itself, migrate, perforate organs, and cause a host of other painful injuries and complications. This can lead to serious pain, infection, erosion of tissues, and many other repercussions that affect patients’ quality of life and ability to earn a living.

These complications and their associated financial, physical, and emotional impacts have led many women to file lawsuits against the makers of the transvaginal meshes implanted in their bodies. Two recent jury verdicts reached in federal court sided in favor of two groups of women who claimed Boston Scientific—the manufacturer of the Pinnacle transvaginal mesh they received—failed to ensure the safety of the product.

In a Florida court, jurors awarded four women a total of $27.5 million in compensatory damages for complications suffered after receiving Boston Scientific’s Pinnacle pelvic-organ implant. According to Reuters, a West Virginia jury also found in favor of four women who received the Pinnacle transvaginal mesh device, and awarded the group a total of $18.5 million in damages—including $1 million in punitive damages for each victim.

These verdicts highlight the possibility of compensation for other women who have been harmed as the result of complications caused by a transvaginal mesh failure. If you or a woman you love suffered pain, corrective surgeries, or other serious complications after receiving a transvaginal implant, our team of Maryland defective product lawyers want you to know there is hope. We’re here to help if you’ve been harmed by such a product. Call us at (888) 744-7761 so we can get started today and help you get the compensation you deserve.

 

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Maryland Personal Injury Lawyer Settles Slip and Fall Accident Case

by Keith Adkins | December 9th, 2014

It’s estimated that as many as 8 million Americans will seek medical treatment for injuries sustained in a slip and fall accident this year. Around 250,000 will be hospitalized, while thousands of others will lose their lives due to these injuries.

Numbers like this leave many citizens wondering what protections are available from slip and fall accidents. The attorneys with ChasenBoscolo Injury Lawyers explain businesses and property owners have a responsibility to practice what’s known as “duty of care”. This means a company or individual will use reasonable caution to prevent employees or others from being injured due to a hazard. Any failure to practice duty of care could result in a business or property owner being held liable for damages if someone is hurt.

At ChasenBoscolo, we have experience helping victims of a slip and fall accident with the legal processes that are necessary to receive compensation for injuries. In fact, John T Everett, a Maryland personal injury lawyer with our firm, recently assisted a Maryland woman with a claim after she was injured as the result of a fall down three stairs while shopping at a local retailer. She sustained black eyes, back, and knee injuries as a result of the fall. The case was later settled for an undisclosed amount, but The Washingtonian named the case as the 13th largest personal injury settlement in the state this year.

If you’ve been injured in a slip and fall accident that wasn’t your fault, help is here. Call us today at (888) 744-7761 to learn more about what we can do for you.

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Study Shows Growing Number of On-The-Job Slip and Fall Accident Reports

by Keith Adkins | December 2nd, 2014

The United States economy is finally beginning to recover from one of the greatest recessions our nation has ever seen. This means more people are getting back on the job, but one report is also showing a new trend in the workplace.

Reports from the U.S. Bureau of Labor Statistics indicate a growing number of slip and fall accident fatalities are occurring on job sites in the United States. Human lives aren’t the only costs to these accidents though, as researchers were able to put a price tag on non-fatal slip and fall accidents as well.

An article from ThomasNet.com says that there are hundreds of slip and fall accidents in the construction, manufacturing, and energy industries each year. In 2012 alone, the construction industry saw 290 workers suffer fatal injuries caused by slip and fall accidents, while 39 such incidents were recorded in the manufacturing industry. More disturbing though is the 360 percent increase in fatal slip and fall accidents recorded in the energy industry from 2008 to 2012.

These numbers have workers and citizens alike questioning what can be done to prevent slip and fall accidents. Experts from the Occupational Safety and Health Administration suggest businesses take precautionary safety measures to prevent slip and fall accident hazards. This can include installing adequate lighting, handrails, and ventilation systems in areas where employees work.

Accidents may still occur though, even after precautions are taken. That’s why the Maryland personal injury attorneys with ChasenBoscolo say the most important thing for you to know is that you have legal rights if you or a loved one have been injured in a slip and fall accident. To learn more about the options that may be available to you, call us at (888) 744-7761 to speak with a member of our legal team.

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Safety Tips to Avoid a Maryland Car Accident This Thanksgiving

by Keith Adkins | November 25th, 2014

The upcoming Thanksgiving holiday is expected to be one of the busiest travel days of the year in Maryland, but an onslaught of winter weather could make getting to your destination difficult.

Weather maps are currently showing there could be heavy rain and snow falling on Wednesday, November 26—the day before Thanksgiving and when most citizens say they are traveling. That’s why the Maryland State Highway Administration has offered several tips to help motorists avoid a Maryland car accident.

According to WBAL Radio News, motorists should avoid traveling on this coming Wednesday if at all possible. Officials are also reminding drivers to stay up to date on current road conditions as well as to buckle up.

The Maryland personal injury lawyers with ChasenBoscolo Injury Lawyers point out there are several other steps you can take to stay safe on the roads this Thanksgiving, including:

  • Prepare Your Vehicle for Winter Conditions- Make sure your tires aren’t too worn and that the brakes on your vehicle are functioning properly. It may also be wise to pack emergency supplies, like food, water, blankets, and flashlights, in case you become stuck.
  • Be Vigilant- Travel slowly, watching for icy patches and other vehicles on the road. Also, be sure to obey all traffic signals and signs.

We hope these tips help keep you and your loved ones safe as you travel for the holidays this year!

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