Monday, April 5, 2010
Wednesday, December 30, 2009
Friends and family facing the loss of loved ones in automobile collisions, medical malpractice errors, defective product malfunctions, or workplace disasters are often at a loss for how to put their lives back together. Such losses are nearly inconsolable. This video shows a man who lost his wife and son in an automobile accident several years ago. A priest, now known to us as St. Josemaría, wished to help him with some consoling words. Faced with such pain, St. Josemaría would ask God, “Why”? (Video 0:1:48).
Wednesday, July 1, 2009
Experience in handling mass torts, or multi-party injury cases.
Injured MD & DC citizens should choose a law firm that has experience in mass torts involving dozens or hundreds of victims, from many locations. In September 1988 I was beginning the practice of law in the Greater Washington DC area. On the 9th of that month, there was a catastrophe in a Maryland High School Gym, when a set of bleachers collapsed and almost 100 students suffered serious injuries. My job was to litigate with two senior lawyers until we had gathered the facts and evidence we needed to compensate all of the students. With the three of us working around the clock for weeks and months on end, we were able to force a settlement so large that the manufacturer of the bleachers had the agreement sealed to protect the company's reputation. The experience that comes from working through all of those claims against a huge out of state company has given me the skills to win against METRO in this current catastrophe.
Location - can you find a lawyer whose firm practices in DC & MD?
Adding to the challenge of finding an experienced lawyer is the challenge of finding one that practices wherever the court requires it to be tried. Since the METRO crash happened in DC, that might mean a DC lawyer. But many cases against METRO are filed in Maryland state and federal courts. You will need to discuss with your firm, its ability to file in all state an federal courts in the greater Washington DC region. Don't settle for a lawyer who will file the case where it is convenient for them. Ask them why it should not be filed in each of the other courts in the region. If you don't get a smart, clear, logical answer, then you haven't found the lawyer you need.
Convenience - can you find a lawyer near you, who has the experience and abiltiy to file in multiple courts?
Adding to the challenge of finding an experienced lawyer is the challenge of finding that lawyer near your home. Being injured means facing difficulties with travel and with financial demands at home. What you need when looking for a lawyer is someone who you can see and meet at your convenience, and that means someone nearby. When looking for a lawyer, you should be looking near home. And that should not mean sacrificing experience. firstname.lastname@example.org
Tuesday, June 23, 2009
Wrongful death claims are often brought by spouses, children and parents, for their losses. A separate legal claim known to lawyers as a survival claim represents the loss suffered by the person who has died, and it is brought by the personal representative of the estate.
In a wrongful death case, the person who has suffered the loss of a family member must prove: that METRO or another defendant negligently caused the death of decedent. Weimer v. Hetrick, 309 Md. 536, 547 (1987). In addition the plaintiff must meet the law's definition of a beneficiary and the case must be filed within what is known as the statute of limitations, 3 years in Maryland. Md. Cts & Jud. Proc. Art. § 3-904.
In a similar fashion, the personal representative of the estate must prove that METRO or another defendant negligently caused the decedent’s injuries, and, to claim damages for pain and suffering, the estate must show that there was a degree of consciousness before death. Tri-state Poultry Coop. v. Carey, 190 Md. 116, 125 (1948).For further information, please contact Michael J. Schreyer about his firm's cases against METRO. Michael.Schreyer@vzw.blackberry.net 301-861-5070.
Saturday, June 20, 2009
Often in cases like this our litigators have engineers at the scene within 24 - 72 hours, to preserve evidence and build the case from the ground up. Many intersection cases involving trains can also be lost by a failure to quickly gather this evidence. By contrast the insurer and claims team for the railroad are likely on the scene now. They may be collecting photographic, video and witness information.
At trial there may well be a team of defense experts in addition to this initial investigative team. The result may well be a legal battle of experts, and a jury left to determine which group is most credible and objective.
Friday, June 19, 2009
The case I had today is a good example. My client had a bad back injury that resulted in her losing her job and suffering a significant physical impairment of her daily activities. In addition she had an obvious difficulty in understanding basic information. I hired a consultant to test her and we found a learning disability. This will likely result in a doubling of the value of the benefits she will receive. Similar cases to this include those where injured workers have worn glasses, had high blood pressure and diabetes.
The answer to these cases really comes down to preparation, careful, thorough preparation. And the results show the fruits of that work.
Wednesday, June 10, 2009
The appellate court decided a Baltimore City Circuit Judge failed to follow proper procedures in holding McCrary's business associate in contempt, and found that her ruling was an abuse of judicial discretion in not allowing the defense to contest the alleged damages.
The suit was filed in February 2007, a year and a half after Hurricane Katrina interrupted renovation of an old downtown New Orleans office building. McCrary alleged defendants had secretly pocketed millions of dollars in insurance proceeds. The June 2008 verdict awarded McCrary $15.8 million in compensatory damages and the same in punitive damages without any of the defendants in court to defend the claim for damages.