SPECIFIC COMMON INJURIES: Lumbar strain-sprain /Cervical strain-sprain [Whiplash]

I've highlighted some injuries commonly sustained by the victims of Maryland car accidents. You'll see some medical terminology in this article. But make no mistake, I'm not a doctor, and nothing in this article is medical advice, and should not be used as such. These materials are presented for general, educational purposes only. If you've been injured in Maryland car accident, by all mean seek the care and attendance of a qualified physician without delay.

Maryland car accident lawyers handling motor vehicle and car accident cases deal with these types of injuries on a daily basis. A ligament is a sinew that attaches bone to bone. [e.g. the "ACL" / anterior cruciate ligament in the knee]. A tendon is a sinew that connects bone to muscle [e.g. the "Achilles tendon" in the leg]. When the forces involved in a Baltimore automobile accident cause the ligaments in the neck and back to tear, doctors call this injury a sprain. When the forces involved in a Maryland automobile accident cause the tendons or muscles in the neck and back to fray or partially tear, doctors call this injury a strain. If the damage is severe enough, it's referred to as a full thickness tear. Sprains and strains are rated by severity from Grade 1 to Grade 3 [complete tear]. Injuries to the neck [cervical] or the back [lumbar] in Baltimore auto accident cases are sometimes referred to collectively as strain/sprain. Maryland car accident lawyers practicing in the 70s, 80s and 90s would commonly see strain/sprain injuries to the neck referred to as "whiplash"- although use of this term is decreasing. In current parlance, cervical and lumbar strains and sprains are referred to as "soft tissue injuries". Although commonly used by medical professionals, the insurance industry often uses this phrase as a prejorative [e.g. "she can't be hurt, these injuries are just all soft tissue".] Anyone who's ever had a cervical strain would justifiably be insulted by that statement.  Common complaints of car accident victims with these injuries are pain, pain on movement loss of range of motion, stiffness, tightness and the like. If pain radiates into the extremities, it may be evidence of a more serious condition. Physical therapy, anit-inflammatory and pain medications and chiropractic care are the common modalities of treament. Most of these types of injuries resolve within three months.

SPECIFIC COMMON INJURIES: The Herniated Disc

I've highlighted some injuries commonly sustained by the victims of Maryland car accidents.You'll see some medical terminology in this article. But make no mistake, I'm not a doctor, and nothing in this article is medical advice, and should not be used as such. These materials are presented for general, educational purposes only. If you've been injured in Maryland car accident, by all mean seek the care and attendance of a qualified physician without delay.

Maryland car accident lawyers have seen myriad labels applied to this condition: slipped disc, pinched nerve, ruptured disc, bulging disc, protrusion, disc bulge without frank herniation.  The spinal column is composed of bony structures known as vertebra, and in between each is a "disc" that acts as a cushion. The spinal cord is located inside, and is protected by the spinal column. Nerves branch off the cord. When the disc is injured, material from inside the disc can be forced outside the disc. This material can press on the nerves, or the cord, causing symptoms. Baltimore car accidents can certainly cause a disc to rupture.  Maryland car accident lawyers frequently see accident victims with complaints of pain, pins and needles, tingling, shocking, numbness. This is often referred to a radiculopathy. If the disc injury is in the neck, these symptoms typically occur in the arm. If the disc injury is in the back, these symptoms typically occur in the legs. It's interesting, but most people over a given age have herniated discs, as the aging process can cause herniations as well. It gets more interesting because many people with herniated discs have no symptoms. Seasoned Maryland car accident lawyers certainly know that the size of the disc herniation is not related to the amount of pain experienced by their clients, and that some injury victims have debilitating back and neck pain, but tests show no hernitated discs.

MARYLAND CAR ACCIDENT LAWYER What is negligent entrustment?

Car accident lawyers in Baltimore have used this theory to recover damages from the owner, as opposed to the driver, of a car that causes an accident.  The owner of a car may be held responsible if they lend their car to another, and they have reason to believe that person will be "reckless" "incompetent" or "dangerous". [Maryland Civil Pattern Jury Instructions 18:5] Car accident lawyers in Baltimore have successfully argued that  allowing another to use a car is negligent where; the driver was inexperienced; the driver abused alcohol or drugs; the driver had a lot of tickets, or caused a lot of accidents; or was "uninsurable".   

MARYLAND CAR ACCIDENT LAWYER Medicaid/Medicare

Car  accident and injury lawyers in Baltimore are very well familiar with Medicaid/Medicare's "right to reimbursement". Reduced to its most basic form, this statutory reimbursement methodology requires car accident and personal injury attorneys to insure the federal government is paid back for medical expenses covered by  Medicaid/Medicare –from the proceeds of a case. Seasoned Car accident and injury lawyers in Baltimore have been successful, in appropriate circumstances, in convincing Medicaid/Medicare to reduce or change the amount they've claimed. A vital role for any personalinjury lawyers handling a  Baltimore caraccident case with a Medicaid/Medicare recipient is to examine the lien for accuracy, and get it reduced as appropriate.

MARYLAND CAR ACCIDENT LAWYER Should the Insurance Company Pay for the Diminished Value of My Car

My personal injury clients sometimes ask, in addition to their medical bills, pain and suffering and the cost of repair of their vehicle damaged in a Maryland car accident, if they can recover for the diminished value of their car? The Insurance Information Institute defines as diminished value as "[t]he idea that a vehicle loses value after it has been damaged in an accident and repaired." The argument is that, in the future, you decide to sell that previously wrecked car, but can't get what you believe fair market value because the car has been "wrecked and repaired" That's Diminution in Value / DiminishedValue.  Of course it makes sense that the purchaser of a used car wants one that hasn't been wrecked, but are there any objective reasons supporting the concept? A variety of reasons are typically offered for why diminution in value occurs: every car loses value after being wrecked and repaired; the insurance company approved body shop used inferior parts, or, uses improper repair techniques.  [Diminished Value, Harry Hitzeman, Insure.com 2010.] Imagine a scenario where someone was responsbile for a Baltimore car accident, and they-or their insurance company- is responsible for the loss.  This is typically referred to a  "third-party" claim – you make it against someone else's insurance company.  Should that insurance company pay for the loss in value due to the wreck, at the time of the repairs, as part to the claim? In many states, the answer is "NO". However, the answer in Maryland is "YES"  "[I]f the plaintiff can prove that after repairs his vehicle has a diminished market value from being wrecked, then he can recover in addition to the cost of repairs the diminution in market value, provided the two together do not exceed the diminution in value prior to the repairs." Fred Frederick Motors, Inc. v. Krause, 12 Md.App. 62, 277 A.2d 464 (Md. App., 1971) Of course careful documentation  is vital, and an appraisal from a professional to prove the loss in value might be necessary. Be sure to discuss the possibility, and viability, of a diminished value claim with your personal injury attorney, as part of your claim.

What if there is no other insurance company? Say for example, you crash your car into a tree. Your insurance company agrees to pay for the repairs. This is typically referred to a  "first-party" claim – you make it against your insurance company.  The question becomes, in the that scenario, should your insurance company make good on my loss. i.e. pay for this diminished value. In most states, the answer is again "No". Id. However, if your vehicle is insured in Maryland, coverage for diminished value may be available under your policy. Be sure to mention it to your adjuster and get something in writing from them if they tell you such coverage is not available.

MARYLAND CAR ACCIDENT LAWYER-Is the driver of the car that hit me responsible?

Any Baltimore caraccident attorney will advise you that all Maryland drivers are charged with the obligation of using reasonable care for the safety of others when driving. Many Baltimore car accident lawsuits come about when a driver fails to use the degree of caution and attention that an ordinary person would use under the circumstances. The nature of the duty may change depending on the circumstances [e.g. adverse weather conditions]. If you've been hurt through no fault of your own, consult an experienced Baltimore car accident attorney to examine your legal rights, and the possibility of a financial recovery for your injuries. An experienced Baltimore car accident attorney can advise you of the role of the "emergency rule" in your personal injury case.

MARYLAND CAR ACCIDENT LAWYER Is the owner of the car that hit me responsible?

Yes, but it depends on the circumstances. A Maryland car accident attorney will advise you that the non-owner operator of a negligently driven vehicle is responsible for their own negligence. Now, if that vehicle were covered by insurance procured by the owner, typically there would be coverage for an accident caused by the non-owner operator, as long as he or she had the owner's permission to drive the car. Many times, perhaps most, that is the case. Maryland car accident attorneys sometimes face situations where it is necessary to convince the jury the owner, in addition to the driver, should be separately responsible for an accident. One such scenario, discussed in a separate chapter, is where the owner is a business, and the non-owner operator is an employee, operating the vehicle in the scope and course of their employment. If that employee is negligent, the business/owner is responsible. Some Maryland car accident attorneys have successfully argued that where the owner of a vehicle has reason to know that a driver would be negligent-based on that driver's past poor driving- the owner may be liable for an accident based on a theory called "negligent entrustment".

Another scenario where seasoned Maryland car accident attorneys have successfully argued that a non-driving owner is responsible for the conduct of a non-owner driver is where that owner is present in the car.  Maryland law provides that if the owner asks another to drive, while still in the car, the owner has the obligation and duty to make sure the vehicle is operated safely. If the person driving is negligent, it is assumed the owner agreed to the conduct, and is responsible for it. Powers v. State, 11 A.2d 909 [1940]. But what about a non-owner passenger under those same circumstances? Do they have to stop the driver from driving negligently? Are they contributorily negligent if they do not? Experienced Maryland car accident attorneys know that a non-owner passenger is not necessarily negligent for riding with an intoxicated driver, or failing to complain of excessive speed, but they might be. It depends on the unique facts and circumstances of each case.