Maryland Courts and Judicial Proceedings Code Ann. §10-1101 to §10-1105 (2011) outline the new requirements for a Maryland accident lawyer or individual injured in an accident to obtain information about the maximum amount an insurance company may be required to pay to satisfy all or part of a claim.

After written documentation is provided about the circumstances surrounding a Maryland accident and the injuries sustained, an insurance company must fully disclose the extent of the insurance policy limits within 30 days so long as the claim involves a death or injuries that resulted in at least $12,500 in bills or lost wages.

According to the requirements of the statute, the lawyer or claimant must provide written documentation including the date of the accident, the name and last known address of the driver or tortfeasore, a copy of any accident report, the insurance company’s claim number, lost wage documentation, medical bills and copies of medical records for injuries caused by the accident. If the accident resulted in death, a copy of the death certificate, letters of administration for the estate and the name and relationship of each beneficiary of the deceased must also be provided.

Previously, a lawyer or claimant was only able to Maryland accident insurance policy limits information once a lawsuit was filed. However, obtaining this information prior to a complaint being filed may provide valuable information to assist individuals injured from an automobile accident in Maryland when deciding how to proceed with their claim and whether to accept a settlement offer.

The case stems from the death of a five-year old, who drowned in July 2006 at the Crofton Country Club pool. After hearing all of the evidence presented at trial, including information about the negligence of the pool operators and the impact the death has had on the parents, the jury awarded the family $4 million in compensation. However, under the Maryland damage cap, that jury award was cut to about $1 million.

The Maryland pain and suffering damage cap currently limits a plaintiffs damages to $725,000. However, the cap increases by $15,000 on October 1st of each year, so it was $665,000 at the time of this child’s death in 2006.

For Maryland wrongful death lawsuits where there are two or more claimants (in this case both parents presented claims), the court can award damages equal to 150% of the cap. Therefore, the family’s non-economic damages, including damages other than medical expenses, funeral expenses or other quantifiable financial loss, was capped at $997,500.00.

Caps on damages are imposed for all Maryland personal injury lawsuits, creating an unfair situation that does not provide adequate compensation to those who have suffered the most. Capping damages also results in a situation where corporations are able to act without regard to consumer safety, knowing that their damages will be limited regardless of the catastrophic impact of their negligence.

Plaintiffs argued at a hearing last week that the damage cap is also unconstitutional by interfering with the decision of the jury.

Although it is unlikely the Court of Appeals will strike down the 24 year old law, and reverse prior rulings that have upheld the cap, several courts from other states have recently overturned or limited the use of such jury award caps. This year, the state supreme courts in both Illinois and Georgia have overturned medical malpractice caps in those states, agreeing that they violate individuals’ constitutional right to a trial by jury.

Our Maryland personal injury lawyers have seen first hand the unjust impact that the damage cap can have by limiting the recovery for individuals who have suffered devastating loss and who are often left with a life-time of severe pain and suffering. It is impossible for the legislature to determine the amount of compensation an individual is entitled to as a result of the negligence of another. That decision is best left to the individual jury and judge who sat through the trial and heard all of the evidence presented.

The legislation, House Bill 825, increases the minimum required insurance for cars in Maryland from $20,000 to $30,000 for any single person and from $40,000 to $60,000 for the combined total for any one accident.

Motorists can (and should) purchase higher insurance for Maryland cars to protect themselves and ensure that they have more coverage in the event they are involved in an accident with a vehicle that only has minimal limits. However, many vehicles only carry the minimum required coverage, leaving many Maryland personal injury victims without adequate insurance coverage for their injuries.

Automobile insurance coverage not only protects motorists in the event that they cause an accident that results in a personal injury or wrongful death to another person, but it also provides coverage for their own injuries in the event that they are involved in an accident caused by an uninsured motorist of underinsured motorist.

While it is the opinion of our Maryland accident lawyers that the minimum insurance coverage in Maryland should be even higher, raising the floor from $20,000/$40,000 to $30,000/$60,000 would be a step in the right direction. The minimum insurance for Maryland automobiles has not been increased since 1972, while the cost of medical care associated with auto accident injuries has dramatically increased over the past three decades.

The House is scheduled for a final vote on this legislation tomorrow morning, so take this opportunity to email or call your elected official to show your support for this legislation.

This week, the Maryland House Judiciary Committee is scheduled to consider new legislation which would make it easier for individuals who were injured by elevated lead levels to obtain compensation through a Baltimore city lead paint lawsuit.

The Baltimore City Lead Poisoning Recovery Act, House Bill 1156, is designed to enable property owners and victims of lead poisoning in Maryland to file a lead paint lawsuit against the various manufacturers who used the additive in paint they sold under a “market-share liability” theory. This would allow Baltimore City lead poisoning victims to file a lawsuit, even in situations where it is impossible to identify the specific manufacturer who caused their injury.

According to an article in the Maryland Daily Record from March 6, 2009:

[Baltimore City Del. Samuel I. "Sandy"] Rosenberg’s proposal would require poisoned individuals or landlords suing to recover remediation costs and lost rent to show that the lead-pigment manufacturers listed as defendants made, produced marketed or sold their product in the relevant Baltimore area before the poisoning occurred. If a judge or jury finds for the plaintiff, damages would be apportioned among the lead-pigment manufacturers based on their share of the relevant market.

Supporters of Rosenberg’s measure say it would make it easier to recover damages because the plaintiffs could recover against manufacturers to the extent they contributed to the general risk of lead poisoning. Many plaintiff attorneys say it is nearly impossible in Maryland to recover damages in these cases because of the immense difficulty in proving that a specific paint caused the poisoning.

A similar bill was defeated last year by corporate lobbying groups, but that legislation would have allowed lead paint victims throughout the state to file lawsuits without identifying the specific manufacturer of the paint used in the property. The current legislation would only apply to Baltimore City, which has the largest number of reports of lead poisoning in Maryland, accounting for roughly 70% of the elevated lead level blood tests were found for the entire state in 2007.

In recent years, the overall number of Maryland lead poisoning cases are down, but problems associated with lead paint continue to cause substantial health issues in Baltimore City. If young children or infants inhaled lead paint dust or ingested paint chips that flaked off of the walls, it could lead to long term health issues throughout their life, including:

• Brain Injury
• Damage to the Nervous System
• Seizures or Convulsions
• Decreased Growth Rate
• Mental Retardation
• Coma
• Death

BALTIMORE LEAD PAINT LAWYERS

If your child, a friend or family member have been diagnosed with elevated lead levels or lead poisoning in Maryland, request a free consultation and claim evaluation with our Baltimore Lead Poisoning Lawyers.