Hello. My daughter and I were involved in an accident while waiting at a stop light in January, 2015. We were struck by a car who had crashed into a police officer, and the officer then struck us. I obtained a lawyer, and received a settlement fo...
Your settlement is based upon economic damages... and that includes what insurance paid on your behalf. The theory being you're not entitled to recover for medical expenses you didn't pay for out of pocket, else it amounts to a double recovery.
Most insurers will subrogate claims. I always tell my clients insurance can seek reimbursement for claims paid on your behalf. A lawyer is not obligated to notify your insurance company of a settlement -- that's your responsibility. Some insurers do t pursue subrogation liens, some do. The only responsibility an attorney has with respect to liens is to report claims to Medicare/Medicaid and those are to be paid first.
You are responsible for the subrogation liens, and chances are you can negotiate them to a lower amount.See question
I got a letter from court that the defendant's lawyer was stricken from the case?
The lawyer is no longer representing the defendant in the case.See question
I was contacted a debt collector reference a 11 year old debt was told a judgment can be place. I thought in Maryland the stature of limitations for a debt collector to be able to sue is 3 years
Acknowledgement of a debt can toll the statute of limitations. Also, if the paperwork by which you incurred the debt was signed with the word "seal" next to your name, then the statute of limitations is 12 years. Review your paperwork and/or take it to an attorney to determine whether limitations has passed -- because there are debt collectors who are unscrupulous and will proceed knowing limitations has expired.See question
Is it legal to pull over an individual, NOT flashing the sirens UNTIL the individual has reached their property/driveway on a speeding violation, detected VIA radar?
You can be pulled over on private property for a violation that occurred on a public road.See question
I lived with someone, I was the only one on the lease but we had a verbal agreement to move in as well as pay the rent. We couldnt afford it so I gave her a 30 day notice for us both to move out. With the rent past due, and the fees from breaking ...
You have to prove that there was an oral agreement and/or this person unjustly benefitted from your paying the rental payments. You can prove oral agreements by actions, i.e. she moved in with you. If you can't prove this agreement existed, it will be unlikely the the court will rule in your favor.
The problem is this: getting a judgment and proving the existence of a contract is the easy part. Collecting on the judgment is another story -- simply, you can't get blood from a stone. You might be forced to garnish bank accounts/wages, etc. in connection with any judgment you obtain.See question
If a parent remarries will that impact child support?
It doesn't impact child support. A new spouse's income is irrelevant. The only thing impacting child support would be a "material change in circumstances"...i.e. loss of a job or huge promotion, change in overnight stays in visitation, etc.See question
My husband and I were married a little over one year with no children. I had to leave because he was mentally cruel, extremely rude, and excessively controlling; it was impossible to live with him. These are things I can prove in court. We are ...
Marital Property is property, however titled, acquired during the marriage. If your respective retirement accounts grew during the marriage, then a portion of them could be considered to be marital property. Given the circumstances of your divorce; however, extenuating factors may affect the ultimate property distribution.See question
Me and my siblings own a home and .95 acres that was given to us after our grandparents both passed. My concern is is there anyway to divide the land up? Right now me and one of my siblings want to sell, and the other sibling does not. I understan...
The question is: it depends....mostly on the local zoning and/or subdivision regulations which would control the situation. You may or may not be able to split the land.
If the third sibling doesn't want to sell, then file a judicial action for Judicial Sale in Lieu of Partition. Courts aren't going to force you to be stuck on the title of property. Usually once these types of actions are filed, it will prompt people to agree to a sale because conditions of judicial sale are less than favorable (meaning, courts aren't obligated to get the best price).See question
I am behind 1 month (December 2016) and I received a notice last week indicating my court date is January 17. I called the court and was informed there was no pending case for me. I contacted the management company and they told me my eviction is ...
Landlords in Maryland cannot undertake self-help eviction. Meaning, you have to go through the court process and be found to owe rent before the landlord can evict you. Even then, you can redeem the property by paying the amount of rent found to be due and owing at any time up through eviction. Once you go to court and get a judgment against you, the landlord cannot file a Petition for Warrant of Restitution until 4 business days after the judgment and then the Sheriff will schedule an eviction. The process can take a few weeks depending on the local Sheriff's schedule.See question
We gave the landlord a security deposit to hold the apartment but we have not yet signed the lease. We are now reviewing the lease. If we find anything that is not acceptable and decide not to sign, can the landlord keep the security deposit?
The landlord can't keep the security deposit if you don't enter the lease and move into the residence. If you gave the landlord a hold deposit or other kind of deposit other than a security deposit, he may be entitled to hold it.See question