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Stephen Allen Markey
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Stephen Markey’s Answers

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  • I want to sue a late pastor's church entity for past tithes and offerings given as well spiritual abuse and seducing me. Can I?

    The pastor's ex-wife has even been featured in a national publication confirming his lifestye of drug use and adultry.

    Stephen’s Answer

    You need to provide far more information to answer this question. In general you have 3 years from the date of the abuse or seducing to file a claim. You have 6 months from the date the estate is opened ( the Pastor's estate following his death) to file a claim with his estate. If no estate is opened, you can open one, but you still need to be within the 3 years. If you were sexually abused and you were under 18 at the time of the abuse, you have 7 years from the time you turn 18 or until you are 25 to file a claim. You do not have to file a claim against the estate to sue the pastor's church., but still must be within 3 years (or seven if sex abuse of a minor). Much will depend on what happened to you, under what circumstances (was he counseling you at the time, etc), and how were you injured. I am glad to try to respond further if you give more details.

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  • Do I need to hire additional legal counsel for lawsuit as a result of an auto accident?

    I am being sued for an auto accident that occurred several years ago. It occurred when there was as pile-up of cars in front of me. I avoided the pile up, but after clearing that accident, I was hit and other people hit the vehicle that hit me. I...

    Stephen’s Answer

    Sometime in chain reaction collisions it becomes difficult to determine who is at fault. As a result, if one carrier doesn't take responsibility (and rarely do they), an attorney may decide to sue everyone and let the court or jury figure out who is at fault. That means people not at fault get dragged in. Your insurance company will provide you with a defense so you should turn this over to them ASAP. Depending on how serious the plaintiff's injuries are (or are being claimed), and the amount of liability coverage you have, will decide if you should hire your own lawyer. In other words, if the Plaintiff's injuries are potentially worth more than your liability coverage, you should consult an attorney in addition to whomever is assigned by your insurance company.

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  • Can I sue my rental management for ignoring mold growing in my home that resulted in the ill health of my family?

    I had flooding in my home and in the bathroom, a direct result of lots of rain. The front carpet got soaking wet which resulted in mold growing on my door frame and the wall in the bathroom. I contacted maintenance several times and the issue w...

    Stephen’s Answer

    • Selected as best answer

    Roughly 30 percent of people are sensitive to mold. The longer the exposure the worse the sensitivity becomes and you can become sensitive to mold. The first thing you should do, immediately, is have a qualified Industrial Hygienist inspect your home and test for mold. The test should include a minimum of three indoor air samples and swabs including the HVAC system. The cost will be $600 to $850. Do not do your own testing with online or hardware store kits. They will not hold up in court. Locally I recommend Bruce Jacob at Industrial Hygiene Consulting. Beware of companies that claim they can test for a few hundred dollars. You will get what you pay for. Take the results to your doctor and get a recommendation whether the mold levels are unsafe. Mold can cause many problems including, but not limited to asthma attacks, respiratory problems, infections, rashes, headaches, vision problems, lethargy, achy joints, For more information on mold illnesses look up Richie Shoemaker, MD or go to www.survivingmold.com
    If you have toxic mold based on the testing and the doctor tells you the levels are dangerous, you also need to have your personal property cleaned before you take it to a new home. You do not want to take the mold spores with you. Serv Pro , Service Master and Healthy Home Restorations, Inc. are three companies that can give you an estimate to clean your property. It is important you get a cleaning and moving estimate.
    Do you need an attorney? The answer is yes, but most attorneys that can help you will charge by the hour because the Maryland Court of Appeals has made it very difficult to bring mold personal injury lawsuits. Getting you to a safe home and protecting your property is generally not part of a personal injury case which is the most important thing right now.

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  • How long after a fender bender can you to to the doctor for injuries related to the accident?

    About 8 days ago I was rear ended by a car. The damage to the vehicle was her front license plate bolt(screws) we're imprinted into my rear bumper. We exchanged information. She has set up a claim with her insurance to repair my rear bumper. When ...

    Stephen’s Answer

    If you are injured, you should go to the doctor. Your insurance will provide some medical benefits (and wage benefits) as long as you didn't waive PIP which you should NEVER do. If no PIP, hopefully you have health insurance. You should not wait any longer for treatment. You never know when a seemingly minor injury turns out to be severe. Yes a doctor can opine whether the injury was caused by the accident.
    Report to your insurance. Her insurance will either pay for the property damage or reimburse your insurance company and your deductible if it is determined to be her fault. No statements to her insurance company.
    Hire an attorney asap.

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  • Legal Advice > Legal Advice on Patient Injured In Va Hospital, Baltimore

    my husband was physically injured by a health tech at the Baltimore VA hospital, she hit him on the head causing large gash that needed to be stapled and left bruising front & back of his body. I have POA for my husband who was 83 at the time with...

    Stephen’s Answer

    Federal Tort Claims Act is confusing to a lot of attorneys and is not something I would ever suggest a lay person handle. You have 2 years to file the SF95 and whatever you put in the SF95 you are stuck with. Failure to include all damages or claims can be fatal to a claim. Consult with an attorney that regularly practices in the Federal Court (most don't) and is familiar with the requirements under the FTCA.

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  • What about product injuries that cause loss of body parts.

    13 surgeries

    Stephen’s Answer

    It is not possible to answer this question without a lot more information. If you lost body parts from a defective product, you should consult with an attorney. Products liability is a specialized field requiring an attorney with at least some products liability experience. These cases are often expensive to bring so you also need an attorney that is capable of advancing the costs.

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  • What are my options after car accident? Other driver at fault w/insurance no insurance for us. Is this medical malpractice?

    Driver fell asleep behind wheel also was drinking.our car was totaled.we had just got it that day.i was a little banged up but my fiancée was in and out of consciousness.She complained of shoulder,head, neck and back pain.She was rushed to the hos...

    Stephen’s Answer

    You should get an attorney immediately. You have a number of things going on and need advice on all. If you just bought the car and had insurance on another car, you have 30 days to add the new car to the policy. Don't wait if that applies to you. If you didn't have insurance the car dealer shouldn't have let you off of the lot. Also, did your financee have insurance or any relative in your household?
    You look like you have a good claim against the other driver. Hopefully he has insurance. Other issues such as: Whose car was he driving? Was he working or running and errand at the time of the accident? Did someone let him drive drunk?... need to be investigated. Take pictures of injuries, the cars, the location of the accident. Start a diary regarding what happened and what was said at the scene, at the hospital, etc.
    As for medical malpractice, the answer is yes if they missed the fractures, but... Hopefully the delay in finding the fractures does not cause any worsening or condition. If the condition did not worsen, you have malpractice, but no injury. Consult an attorney today.

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  • Will I owe taxes on a settlement I received as a result of a personal injury lawsuit?

    My father was involved in a personal injury lawsuit and passed away while the suit was being pursued. His lawyer was able to continue the suit naming my sister and I as his clients and the original suit continued. We were awarded settlement mone...

    Stephen’s Answer

    First, you should ask the attorney that is representing you. Most of the time when a case is settled, it is settled in a way that the proceeds are not taxable. However, if the settlement includes lost wages or future wages, it probably would be taxable. Also, was the recovery for the estate or under the wrongful death statute? If wrongful death then probably not taxable. Estate taxes may depend on the state that the estate was opened in, in addition to whether wages were included in the settlement. More likely than not the settlement was not just for wages and was a discount of the possible highest recovery so it was probably set up so no income taxes are due, but you need to verify that with your attorney.

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  • What to do if a child falls off playground equipment due to it being faulty?

    Hello, my seven year old sister was playing on the money bars in our apartment complex when a bar broke off and she fell and hit her head on concrete. Both my mom and sister are currently at the hospital; I am not sure of her exact injuries, but ...

    Stephen’s Answer

    I am very sorry to hear about your sister. You and your family should concentrate on her getting the best treatment possible. Contacting an attorney early on will allow you to do just that as the attorney should worry about the legal end.
    You have already started to do the right thing by taking pictures. Pictures will be very important to verify the bar broke. An attorney should immediately get a letter to the leasing office to preserve the broken equipment. I would also expect to call the Housing Authority to get an inspector from the City of Rockville or Montgomery County to look at the equipment as well. An attorney will probably immediately get a playground/safety engineer involved to inspect the equipment. Once the broken equipment has been secured and inspected by the proper experts, an attorney would likely wait to see how your sister recovers. Hopefully she will make a full recovery. If not, the attorney will be ready to help.
    I realize it is difficult to worry about a potential lawsuit at this time, but the faster you get a lawyer involved the better.

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  • I was injured by a taxicab in maryland, what happens if my medical bills exceed the policy limit

    Can I bring legal action against the company itself? As i understand it taxicabs have in many cases more than one layer of protection, when does it become necessary to know what all the options available to me? Do they have to disclose all the det...

    Stephen’s Answer

    You are correct, most taxi cabs are owned by separate corporations that own nothing more than the vehicle and license to operate the cab. That way they can carry minimum insurance (30,000/60,000) and if you get a judgment against the company, there is little to collect from. It is a legal scam that our legislature refuses to correct. Sometimes you get lucky and the cab company owns multiple vehicles that are under one name instead of multiple companies. If your loses are in excess of $12,500 you can demand the disclosure of insurance limits before suit. An attorney should be consulted to see if he or she can get through the layers of protection to deeper pockets. Also, you or a family member you live with may have underinsurance limits higher than the cab's limits. Finally, when the coverage is lower than the value of the case, ofter an attorney can negotiate with medical providers or lien holders to get reductions to allow the client to obtain more in his or her pocket. Trying this on your own will almost certainly not be as successful.

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