What rights do people have after a drunk driving crash?

People involved in car crashes don’t always notice their injuries immediately. They may already have significant pain symptoms due to an issue with their shoulder or their hip that they have had for years. As such, the pain they feel immediately after a car crash may not seem much different than their status quo. However, as time passes, it may become quite obvious that the car crash worsened a pre-existing injury. Chronic medical conditions and persistent injuries are relatively common. Federal researchers estimate that roughly one in two adults in the United States has a pre-existing medical condition, many of which are functionally-limiting injuries. Do people with an injury that existed before a car crash have the right to request compensation if the collision worsened their symptoms? 1. If a crash worsens an injury, a claim is possible It is possible for those with a physical injury worsened by a motor vehicle collision to hold the driver at fault accountable for their new or more severe symptoms. The claims process is roughly the same, although the amount and type of evidence required is a bit different when seeking compensation for the aggravation of a pre-existing injury. Generally speaking, the party making the claim needs medical documentation regarding the severity of the injury and any treatment they underwent before to control or address their symptoms. Medical records regarding their treatment and symptoms after the crash can help demonstrate that the collision worsened a pre-existing condition. Details about the timeline for their recovery, their long-term prognosis and even their work restrictions can help people prove that a collision worsened a pre-existing medical condition. They may need help evaluating the increased care costs and lost earning potential generated by their aggravated injury. 2. Acting promptly is necessary An injury claim related to the aggravation of a pre-existing problem is subject to the same Maryland statutes as any other personal injury lawsuit. The injured party has three years from the date of the crash to initiate litigation in most cases. It is also critical that those with aggravated injuries undergo professional medical evaluations, possibly including imaging tests, as soon as possible. If a car crash made a back injury or similar pre-existing medical issue worse, the injured party may have grounds for a compensation claim on the basis of the aggravation of a pre-existing condition. Those in need of compensation and facing a complex claim after a car crash can call the team at Cohen, Snyder & Eisenberg, P.A. for support. Our team provides free consultations and answers the phone 24/7. Click here or call 1-800-INJURED (1-800-465-8733) to discuss how a collision worsened a pre-existing injury.

People typically understand that they need to take action after severe car crashes. When someone ends up in a coma or dies because of the collision, insurance often isn’t sufficient. In cases where a collision is minor and produces only property damage or minimal injuries, a simple insurance claim could suffice. Many crashes leave people with moderate injuries. Moderate injuries require medical attention but may result in a full recovery with the right care. Whiplash, internal bleeding, concussions and even disfiguring wounds on the face are all examples of moderate injuries. They can generate significant medical expenses and impact an individual’s income, but they are likely to resolve with care. Those with moderate car crash injuries may need help as they seek compensation for their losses. What steps do people need to take to address moderate collision injuries? 1. Documenting the situation carefully Ideally, anyone involved in a car crash makes an effort to document the scene as accurately as possible. Gathering proof of what happened before and during the crash can be critical to establishing fault later. Maryland has a strict contributory negligence rule. Accusations of having partial fault could prevent a plaintiff from pursuing a lawsuit. Therefore, the preservation of the scene by taking photos and the collection of witness information are of the utmost importance for the pursuit of compensation later. 2. Seek medical care Moderate injuries aren’t life-threatening or permanent, but they can be costly. People need to see a doctor as soon as possible to diagnose their whiplash or other injuries. They can also develop a treatment plan and estimate the costs of addressing their injuries. A medical report from the same day as the crash helps connect the condition to the collision and validate claims that the other driver should cover medical expenses and lost wages. 3. Consult with an attorney As soon as possible after a crash, an injured person likely needs to discuss the situation with a legal professional. They usually only have three years in which to take legal action. Attorneys can help make sense of insurance coverage. They can let an injured person know if they are likely eligible for a personal injury lawsuit. They can help communicate with outside parties and manage the legal process on behalf of the injured person. Attorneys can also prove invaluable when negotiating with insurance providers. Taking the right steps immediately after a crash can make all the difference for those with moderate collision injuries. Reaching out to the team at Cohen, Snyder & Eisenberg, P.A. for a no-cost review can help people understand their options after a car crash.

Drug use in the workplace can inspire serious consequences for both workers who are trying to avoid occupational harm and for some who have already suffered due to work-related circumstances. For example, in Maryland, workers who are injured on the job are generally entitled to benefits regardless of fault. However, if drug use played a role in causing their work-related harm, those benefits can be denied or significantly reduced. Proving—or disproving—that connection often becomes a central issue in workplace injury cases involving positive drug tests. Workers’ comp is a no-fault system… most of the time Under Maryland law, employers or their insurers can argue that intoxication or drug impairment was the primary cause of an accident. If successful, this defense can prevent an injured worker from receiving compensation for medical care, lost wages or disability. The key question is causation: Did the drug use directly contribute to the injury, or did the accident occur independently of any impairment? For example, a worker who tests positive for an illegal substance after being struck by falling equipment may still be eligible for benefits if their impairment had no role in the incident at issue. Recent research underscores how pervasive workplace drug use has become in recent years. For example, a recent survey published by the National Safety Council indicates that one-third of American workers have witnessed the use of cannabis by others during work hours. Additionally, “More than half of employers that eliminated THC testing reported an increase in incidents or workplace performance concerns.” This trend suggests that many workers use marijuana while on the clock, potentially due to stress, chronic pain or “simply” accessibility. Marijuana use can cause drowsiness, confusion, apathy and slowed reaction times—all of which heighten the risk of workplace accidents. Even so, a positive drug test does not automatically disqualify a worker from receiving benefits. The Maryland Workers’ Compensation Commission requires evidence that the intoxication directly caused the injury at issue in a workers’ claim. A skilled legal team can help affected workers – who are obviously not alone, given the widespread nature of drug use in the workplace – to make their case as successfully as possible. Employers and insurers often use drug test results to limit liability, but workers still have rights. Anyone facing a disputed claim due to alleged drug use is generally wise to seek immediate legal guidance accordingly.