KramersLaw.com

Personal injury and insurance law attorneys share their expertise in Maryland accident lawsuits, trial litigation and other legal news.

A Full and Final Release of (Almost) All Claims

According to the Maryland Court of Special Appeals, an injured party’s execution of a Release of all claims may not bar a subsequent claim for underinsured motorist benefits against her own insurance company.

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4th Circuit Strictly Applies Federal Tort Claims Act

If the need for firm compliance with the Federal Tort Claims Act was ever in doubt, a recent opinion from the 4th U.S. Circuit Court of Appeals illustrates how fatal non-compliance can be.

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Assumption of the Risk and Contributory Negligence: Separate and Distinct Defenses in Personal Injury Actions

Where evidence exists to generate both defenses, a jury must have the opportunity on a verdict sheet to consider these separate and distinct defenses.

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Applying Maryland’s Cap on Non-Economic Damages in Survival and Wrongful Death Actions

Last month, the Court of Special Appeals rejected a tortfeasor’s argument that damages awarded in a survival action and in a wrongful death action should be aggregated before Maryland’s non-economic damages cap is applied.

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After 165 Years, 1% May No Longer Bar Claim

Presently, Maryland is one of only five “contributory negligence” states, meaning that in a negligence action, a plaintiff who was in any way negligent is barred from recovery, even when the plaintiff was only “1% negligent.”  That may soon change.

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