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Hearsay is probably the best known trial objection by the general public. Hearsay is the subject of courtroom dramas, and cited by arguments among laypeople. Now, a recent Maryland injury case has expanded the kind of records that can be admitted in a Maryland injury trial, even if the records are otherwise hearsay.

Defendant’s Expert Uses Hearsay Medical Records

The case deals with issues that are common to Maryland injury cases – whether the injury that the victim sustained is actually caused by the accident or by something else. In this case, the Defense argued that a longstanding pre-existing injury to the victim’s shoulder was the culprit.

Take the stairs, they tell you. It is a healthy alternative to elevators or escalators. What could possibly go wrong? Hopefully, nothing, but it is worth noting that according to a study published in the Journal of Emergency Medicine, over one million people yearly are injured on or in stairwells.

Study Highlights Stairway Injuries

The very young and the older population are most likely to be injured, but most hospitals report that people of all ages sustain injuries while taking the stairs.

In many cases, damages that a personal injury victim can recover include those items that do not have a dollar figure attached to them. These are damages that recognize that human suffering is compensable, even though there is no bill attached to it. 

Non-Economic Damages

You may already know that traditional non-economic damages include things like pain and suffering, loss of enjoyment of life, anger and anxiety, or mental anguish. They can even include the loss of or damage to personal relationships, such as the changes that a spousal relationship might undergo when one spouse suffers a serious disability due to an accident.

A major part of any injury lawsuit is proving causation. That is, showing to a jury that someone’s negligence is what actually caused the victim’s injury, and not some other force or cause. It may seem like this is an easy bar to meet, but causation is often the most difficult part of a lawsuit. In many cases, proving causation may even require in-depth medical testimony to show that injuries are the result of the accident.

Causation can be Difficult to Prove

Sometimes causation is easy to prove. Take, for example, a rear end car accident where the victim is an otherwise healthy young athlete. There is often little doubt the car that hit the victim from behind caused the accident. Because the victim is healthy, there is little doubt that whatever injuries the victim is complaining of stemmed from the accident.

The use of e-cigarettes as a replacement for real cigarettes was supposed to make smoking safer. By creating a “fake” smoking experience, e-cigarettes were supposed to wean people off of the harmful effects of nicotine, by providing a smoking experience without the actual smoke.

Using e-cigarettes—sometimes called “vaping” because of the inhalation of vapors as opposed to smoke—is causing trouble in other ways, as defective products are causing more and more injuries.

Devices are Exploding

For many of us, going to work every morning carries risk. That is because some of us work in very dangerous fields, where the risk of injury is part of the job. In fields where danger is prevalent, we depend on our employers to try to make the workplace as safe as it can be. But sometimes they fail, and fail badly. When they do, an employee’s options for recovery may depend on the facts of the case.

Workers’ Compensation Immunity 

Assuming that your employer has and offers workers compensation, you are generally barred from suing them for negligence after an injury. The good thing about workers’ comp is that it does not matter who is at fault for your injury and you do not have to prove that anybody was liable for anything. That saves a victim time and allows him or her a relatively available pot of money to help with medical bills and lost wages.

Just as the media, law enforcement, and government have gotten the word out about the dangers of driving while distracted, another way to distract our eyes from the road has arisen. We all know about the dangers of text messaging, using in-car infotainment systems, and talking on cell phones while driving. App developers and cell phone manufacturers have even begun to create lockouts and warning systems to try to coerce people not to use their phones when they are behind the wheel. But it is possible we have not given enough attention to games.

Study Shows Correlation Between Game and Accidents

It would seem almost comedic to tell people not to play video games on their phone when they are driving, but sadly, that is exactly where law enforcement may be going in the newest battle against distracted driving. A recent study from Purdue University recently found a significant increase in car accidents after the release and widespread usage of an augmented reality game called Pokemon Go.

When someone is catastrophically injured in an accident, it is generally accepted that they will have ongoing medical needs, and that those medical needs have costs to them. Usually, as long as there is liability for the accident, a jury will provide a victim compensation to provide for those ongoing medical costs.

What about the costs associated with caring for someone who is made disabled due to an accident that go beyond medical treatment? What about all the costs of the significant changes in the victim’s entire life?

What is a Lifecare Plan?

The federal government is a large part of all of our lives. We can debate how much of a part, and debate whether that is good or bad, but the fact is that when any agency or entity is so much a part of our daily lives, there is always the chance of injury and liability.

Claims for injuries caused by the federal government can have a broad range. Liability can include veterans injured my malpractice in a VA hospital. It may include an injury suffered in an accident involving a post office vehicle, or a vehicle driven by a federal law enforcement agent. You may slip and fall in a government building, such as an office building or a courthouse.

When can the Federal Government be Sued?

One of the most common questions that injury victims have for their attorneys is what their case is worth. Of course, nobody can put a value on limbs, or health, but certainly injury victims want to anticipate what they can expect from an injury lawsuit. There are no easy answers to this question, and a number of factors will be weighed to come to a value. Many of those factors may not even be determined until months or years after your initial injury.

How Injured are You?

One factor is how you recover from your injury. As humans, we often recover at different levels even with the same injury. One person with a wrist injury may never be able to write again. Another may recover so well that he or she is back to playing sports. This makes value evaluation difficult in the early stages, as your medical improvement has not yet been determined.