FAQ

Automobile Accidents FAQs

Automobile Accidents

What should I do if I’m involved in a traffic accident?

Take notes and report the accident. The most important thing you can do is to document the entire situation by taking careful notes soon after your accident. This step can help make the entire claim process easier on you — and increase your chances of receiving all the compensation to which you are entitled. Having notes to remind you of all the details of what happened, and what you went through, is far easier and far more accurate than relying on your memory. Write things down as soon as you can: Begin with what you were doing and where you were going, the people you were with, the time, and the weather. Finally, make daily notes of the effects of your injuries. You may suffer pain, discomfort, anxiety, loss of sleep, or other problems which are not as visible or serious as another injury, but for which you should demand additional compensation.

What determines who is responsible for a traffic accident?

Figuring out who is at fault in a traffic accident is a matter of deciding who was careless. And, for vehicle accidents, there is a set of official written rules telling people how they are supposed to drive and providing guidelines by which liability may be measured. These “rules of the road” are the traffic laws that everyone must learn to pass the driver’s license test. Complete rules are contained in each state’s vehicle code, and they apply not only to automobiles but also to motorcycles, bicycles, and pedestrians.

Sometimes a violation of one of these traffic rules is obvious and was clearly the cause of an accident — for example, when one driver runs a stop sign and crashes into another. In other situations, whether or not there was a violation won’t be as clear. For example, a car crash that occurs when two drivers both merge into a single lane of traffic at the same time.

Can I be found liable if my car is rear-ended in a crash?

If someone hits you from behind, the accident is virtually always that driver’s fault, regardless of the reason you stopped. A basic rule of the road requires that a driver be able to stop safely if a vehicle stops ahead of the driver. If the driver cannot stop, he is not driving as safely as the person in front of him.

What should I do after a car accident?

The first thing you should do is make sure everyone involved seeks immediate medical attention. You can do this by calling 911 or, if you appear unhurt, by going to the nearest hospital for a complete checkup. You should also call the police. Some important things to remember to get from the accident include:

  • Any other driver’s information including their full name, driving license number, address, phone number and their insurance card information.
  • The make, model, VIN (vehicle identification number), color and license plate number of all vehicles involved.
  • Information from all passengers and witnesses to the accident, sometimes just a business card or email address can be enough.
  • Get the names and ID numbers of all police who arrive at the scene, even if no police report is written.
  • Make a note of conditions in the area including time of day, weather, traffic and any other physical conditions of the area which may include lighting, debris, sidewalks, pedestrians and others.
  • Pictures of the area that the accident occurred in can also help your case. Take as many as possible and if you aren’t able to at the time of the accident, return to the scene and take pictures then.

What if I can’t afford to hire a lawyer?

At Bertram Law Group, PLLC, there is no cost to meet with a lawyer to discuss your case. If we decided to represent you, then we will work your case on a contingent fee basis only. A contingent fee is a small, preset percentage of a successful award. If we are unsuccessful in settling your case you do not pay us these fees. We are only ever paid at the conclusion of your case. Contingent fees allow the general public to hire experienced and professional lawyers without worrying about paying expensive legal fees. We can begin your case as soon as you contact us.

What is uninsured or underinsured motorist coverage?

The purpose of uninsured and underinsured motorist coverage is to protect against situations where one party to the accident does not carry enough insurance or does not carry insurance at all. Therefore, the reason this coverage is required is to protect people against financially irresponsible people who have hurt others while operating an automobile, because of their own fault. If the uninsured or underinsured person is not at fault, most underinsured/uninsured motorist policies will not apply. Most states have statutes that require insurance companies to offer uninsured/underinsured motorist coverage as a part of each automobile/vehicle insurance plan. In most places, an individual may be considered underinsured when his or her insurance policy coverage is not enough to fund the full amount of damages he or she is liable for due to an accident or other event covered by his or her policy. In other states, a person is considered underinsured when his or her insurance coverage maximum is less than the coverage maximum of the other individual’s (in the accident) policy. Of course, uninsured persons are those that do not carry automobile liability insurance.

Who is usually included in my uninsured and/or underinsured motorist coverage?

Generally, uninsured/underinsured motorist insurance coverage will include the named insured (person who has the insurance policy) and the family members who reside in his or her household. Usually, the injured insured person and/or family member must be a passenger in the vehicle, a pedestrian injured by the vehicle or the driver of the vehicle in the accident. In the past, some insurance policies excluded coverage for the insured’s family members. However, these types of exclusions have been found invalid by most state laws. The only time such exclusion may be found valid is when the family members already have a separate insurance policy of their own. This type of exclusion is valid by most state laws because it is in the interests of public policy and the insurer. Along these lines, an insurance policy may not exclude a family member of the insured who is not covered by the policy, but who is injured while in a automobile that is owned by a family member who is covered by the insured’s insurance policy. Attorneys at Bertram Law Group, PLLC are experienced and knowledgeable in uninsured/underinsured motorist coverage laws in Maryland, Virginia and D.C. jurisdictions.

As an employee, am I covered under my employer’s uninsured/underinsured motorist insurance policy?

It depends on the language of your employer’s uninsured/underinsured insurance policy. Depending on what the policy says, it will determine who is covered under that policy. The uninsured/underinsured motorist statute in your jurisdiction may also determine who is covered under your employer’s policy. In some jurisdictions, an employee will be covered by his or her employer’s corporate policy if the employee is using his or her own vehicle for business purposes, at the direction of his or her employer. The employee’s personal vehicle may be considered leased, or hired, by the employer. In other jurisdictions, an employee using his or her personal automobile for work purposes will not be covered under the state law’s definition of a “named insured” (person or persons covered under the insurance policy) under the corporate policy.

If you have question or want more information please call 202-335-0185 or email us to learn more.

Burn Injury FAQs

Burn Injury

What is a burn injury?

Burn injuries include damage to muscle, nerve tissue, and bones as well as the skin. The most common type of burn injury is a thermal burn, resulting from exposure to fire, scalding water, or hot objects, including the sun. Chemical burn injuries are another type of burn injury. There are four main types of burns: (1) Thermal burns – caused by contact with flames, steam, hot water or other hot liquids, and other sources of intense heat. (2) Light burns – caused by contact with sunlight or other sources of ultraviolet light. (3) Chemical burns – caused by contact with an acid or an alkali. (4) Radiation burns – caused by contact with nuclear radiation or ultraviolet light.

How do I know if my burn is serious?

The severity of a burn injury will fall into one of three categories. First degree, second degree or third degree which is the most serious. A first degree burn happens when only the first layer of skin is burned. A first degree burn is characterized by reddened skin that will heal in approximately one week and may peel. A second degree burn happens when the first and second layer of skin is burned. A second degree burn is characterized by moist-looking skin and blisters. Lastly, a third degree burn happens when all layers of the skin are burned and the underlying tissue is damaged. A third degree burn is a serious injury and is characterized by a white or black dry wound. Permanent scarring is inevitable with third degree burns.

Who can sue for a burn injury?

Anyone who is seriously burned as a direct result of some other person’s negligent act can sue for their injuries. This could include a burn that is caused when another individual is handling a material in a dangerous way and spills it on you, causing a burn. It could also be a claim against a person who is burned in a home fire caused by another’s carelessness. Another example is when person is burned because of the failure of a product that was meant to prevent a burn, such as a gas control valve whose safety shutoff future does not function properly leading to a gas explosion and severe burns. That could be the basis for making a claim. Claims have also been brought for chemical burns caused by one person misapplying chemicals such as a hair dye, which leads to the development of chemical burns.

Who can be held responsible for a burn injury?

It all depends upon the facts of the particular accident. Sometimes it is the manufacturer of product, such as a gas control valve that has a safety shutoff valve that fails to operate properly. It also can be an individual such as a cosmetologist who misapplies chemicals on a customer causing chemical burns. It could also be a homeowner who is involved in some activity that causes a fire that leads to burns on a visitor to the home. If you were burned as a result of a defective product, for example, it may be possible to file suit against anyone involved in the commercial chain, from the designer and the manufacturer to the marketer of the product.

Is it important to quickly investigate an accident, which results in a burn injury?

Yes. It is very important to investigate quickly. Usually the burn is accompanied by substantial damage of surrounding property. The property needs to be investigated quickly and thoroughly to determine what the cause or causes of the fire were so a further determination can be made as to whether there is an individual or product manufacturer that was responsible for the cause of the fire.

What compensation may I be eligible for?

The amount of compensation you are entitled to recover depends on a variety of factors, but can include compensation for medical and rehabilitation costs, loss of wages, inhibited earning capacity, pain and suffering, and punitive damages. If a member of your family has died as a result of his or her burn injuries, your family may be able to obtain compensation for funeral costs as well as the loss of companionship and support.

Do I need an attorney if I received my burn injury while on the job?

Even if your employer acknowledges that your burn injury occurred in the commission of your normal on-the-job duties, it is a good idea to hire an experienced attorney to investigate whether you have a personal injury case in addition to your worker’s compensation case. In some situations, you may be entitled to bring a personal injury claim for an unsafe product or as the result of the carelessness of another company or person other than your employer. It can be difficult to obtain workers’ compensation, especially in the amount needed to cover all of the expenses and losses resulting from your injury. A burn injury attorney may be able to identify liability in your case and work to ensure that you are properly compensated for medical expenses, lost wages, pain and suffering, and other related damages.

Do I need a burn injury lawyer?

Filing a lawsuit is a complicated process, and it can be costly and difficult to bring your case to a successful resolution unless you have a thorough understanding of the law and have extensive litigation experience. The attorneys at Bertram Law Group, PLLC have been involved in significant burn injury cases and will work diligently to assert your rights and improve your chances of obtaining the full compensation that you deserve.

If you have question or want more information please call 202-335-0185 or email us to learn more.

Medical Malpractice FAQs

Medical Malpractice

How do I know if I have a medical malpractice case?

Most medical malpractice cases require these key elements:

  • Proof that a doctor, nurse, or some other health care provider did something wrong, or failed to do something that should have been done; and
  • Proof that the substandard care caused an injury or death.

If there was bad care, but you suffered no injury, generally there is no case.

If there was acceptable care, but you suffered a recognized complication, you may not have a case.

An experienced medical malpractice lawyer will carefully investigate your claim, including all medical records, images and slides, and will have it reviewed by experienced independent medical experts to determine if the care was really substandard and if the substandard care caused permanent injury or death.

I carefully screen all of our cases and will not take a case unless we are confident that it is very strong.

How do I pay for an experienced attorney to file a medical malpractice claim?

Most attorneys experienced in medical malpractice take these cases on contingency fee agreements. Most firms take 40% because these cases are very complex and require significant funding of expenses by the firm during the litigation. In general, I have a tiered fee arrangement for these types of cases. If I am able to resolve your case early our agreement provides for a lower percentage attorney fee, which means more funds go to the client and the family if we can resolve it early.

Regardless of the exact percentage, the term “contingency fee” generally means the client does not pay attorneys’ fees unless your lawyers are successful in getting a settlement for you or they get a verdict and you get paid after a trial. You also want to make sure your attorney agrees to pay all the litigation costs upfront on your case as these can be very expensive. These include fees for medical experts, deposition fees and court costs. With most attorneys you are not expected to pay these costs back unless and until there is a settlement or verdict, at which time these litigation costs will be repaid out of the settlement proceeds.

Can I file a medical malpractice lawsuit any time after I have been harmed?

No. In every state there are time limits by which you have to file your lawsuit. Many states, including DC, Maryland and Virginia, have other requirements that must be met before the lawsuit can be filed. In Virginia there are certain requirements regarding expert reports that must be accomplished before the lawsuit can be served.

It is very important that you find an experienced medical malpractice lawyer to represent you and that after an initial phone interview, if the case seems like it might have merit, I will meet with you or speak with you at length by phone if it is hard to meet in person under the circumstances. I do make house calls or come to the hospital when necessary. My team then gathers all of the evidence we need to have experts review the care in question to obtain answers. In some instances, we will want to put the hospital or doctor on notice to preserve certain evidence such as videotapes of procedures or paper sign in sheets that might otherwise not be saved.

If I suspect my child suffered brain damage during child birth but he is now 10 is it too late?

Probably not, but that depends on the state laws and the circumstances. You need to contact an experienced medical malpractice lawyer who has experience handling birth injury cases. These cases can be quite complex and not all malpractice attorneys have personal experience handling these cases.

Many times parents do not know the extent of the problem until the child starts school and sometimes not until school becomes challenging.

If patient or the parents signed a consent form at the hospital can we still file a medical malpractice lawsuit?

Yes, if you have a valid claim. The consent form does not mean you agreed to be treated improperly and harmed. It does not mean that you have waived your right to have safe care. It also does not mean you have agreed to accept the risk of all complications that might occur. The form is not a waiver. Contact an experienced malpractice attorney to discuss the facts in your case as soon as you can.

How long does it usually take to settle a medical malpractice claim?

These are complex cases and they can take some time to investigate thoroughly and once filed it can take 12-18 months in the court systems in D.C., Maryland and Virginia. An experienced lawyer will explain to you that more and more of these cases are going to trial in today’s climate. In fact, even the strongest cases are still settling at the end of discovery, fairly close to trial. This makes your decision about counsel even more important. Make sure to ask how many complex medical malpractice cases the attorney has actually tried to verdict in this area. This is a very specialized area of law and we see the same attorneys and firms in most cases. The defense attorneys, judges and the insurance companies who specialize in medical malpractice know which attorneys are capable of trying these cases and which firms have the resources to fund these cases all the way to trial. Your best chance of getting a full and fair settlement for your claim is if you hire an experienced medical malpractice attorney to advocate for you and your family.

If you have question or want more information please call 202-335-0185 or email Ms. Bertram to learn more.

Premises Liability FAQs

Premises Liability

What do the words “premises liability” mean?

Premises liability is a term used to describe the legal responsibility that a landowner and occupiers of a property have for injuries and accidents that occur on their property. Premises liability claims can be filed for a variety of reasons, such as the common slip-and-fall claim. Also, claims may be filed for injuries that a result of equipment that is used on the property. Furthermore, injuries that may be a result of another person’s actions on the property may be the responsibility of a property owner, especially if the owner fails to provide adequate security on the property and you are assaulted.

I was hurt when I slipped and fell. Do I have a claim?

Yes, under premises liability, you may have a slip-and-fall cause of action. A slip-and-fall accident can occur nearly anywhere, on public or private property, indoors or outdoors. A slip-and-fall injury can occur because of dangers such as poor weather conditions (for example, ice, snow, or rain), uneven sidewalks, potholes, poorly lit or unmarked pathways or stairs, slippery tiling, unbalanced flooring, rippled carpet, and/or walkway obstructions.

How should the building I live in be prepared in case of a fire?

Building owners and/or property management personnel are required to use reasonable care to prevent injuries in case of fire and to help people on their property to escape safely. These required safeguards can include an indoor sprinkler system, exit signs and posted escape routes.

I was injured while walking on a public sidewalk next to a construction site after tripping over a brick from the site. Who is responsible for my injuries?

In some circumstances, the injured person will be able to recover damages from the construction company, which has a duty to take reasonable steps to keep public sidewalks near its construction site free from bricks and other debris. If the company fails to remove such obstructions and someone trips and falls, the company may be liable. Construction companies should also tell pedestrians they could get injured if they stray from the sidewalk. Posting a sign is usually not enough. If a company fails to place barriers and warning lamps by a building pit, for example, it may be responsible if anyone falls into it and gets injured.

If you have question or want more information please call 202-335-0185 or email us to learn more.

Truck Accidents FAQs

Truck Accidents

How do truck accident cases differ from other auto accident cases?

Truck accident cases differ from other auto accident cases in several important ways. For starters, large commercial trucks are required to carry a higher amount of insurance coverage than other vehicles. A trucking accident is also more likely to involve factors aside from, or in addition to, driver negligence. For example, the trucking company may be at fault for failing to maintain the vehicle or failing to provide the driver with proper training. Trucks are also more likely to suffer mechanical malfunctions or be difficult to handle in inclement weather. For the greater part, trucking accident cases are more complex than most other auto cases. Bertram Law Group, PLLC has the resources and knowledge to handle even the most complex personal injury claims.

Who can be held responsible in a trucking accident case?

In the event of a trucking accident, any and all parties whose negligence contributed to the accident can be held accountable. Some legally responsible people include the driver, the trucking company, and the manufacturer of a faulty or malfunctioning part. Determining responsibility is particularly difficult in a trucking accident case, which is why it is so important to secure the services of Ms. Bertram who is skilled in handling truck accident claims.

How long do I have to contact a lawyer after the truck accident?

All accident claims are governed by a statute of limitations. A statute of limitation is a time limit by which a claim must be filed. In most states, this statute of limitations is two years from the time of the accident or, in some cases, two years from the time the injury caused by the accident was discovered. However, in truck accident cases, it is extremely important to seek legal counsel as soon as possible after the accident. This is because vital evidence, such as the truck driver’s logs and documents detailing the maintenance of the vehicle, must be collected in order to ensure the strongest case possible. The more time that passes, the more difficult it will become for even the most experienced attorneys to obtain this evidence. If you have been seriously injured in a trucking accident, please call Bertram Law Group, PLLC right away at 202-335-0185 or email us. Our firm serves the Maryland, Virginia and D.C. communities.

Unsafe Drugs & Unsafe Products FAQs

Unsafe Drugs & Unsafe Products

Do I need a personal injury lawyer?

Filing a lawsuit can be a complicated process, and it can be difficult to resolve your case for the full and fair amount unless you have a thorough understanding of the law and extensive litigation experience. Bertram Law Group, PLLC have lawyers that specialize in representing victims and their families. We know the law and the opposition knows we mean business. We will work diligently to assert your rights and improve your chances of obtaining the full compensation that you deserve to try to balance the harms you or your loved one suffered.

How long do I have to file a law suit and make a claim?

An unsafe or defective product is a product that causes harm when used because it was designed unsafe or does not have the right warnings for the public. The harm is not known to the person using the product, which makes it unreasonably dangerous for the user. A product can be considered defective if it is “unreasonably dangerous” for general use. A product may be found to be defective because of a manufacturing, design or a warning defect. If we can prove any one of these defects, the victim can be compensated for the harms suffered by the unsafe product against the manufacturer or sometimes the seller of the product.

How do I know if my case will go to trial?

At Bertram Law Group, PLLC, we are very selective and try to limit our cases to those that we believe are very strong. As a result, most of our cases are settled prior to trial or are resolved more quickly and cost-effectively through dispute resolution, like mediation and arbitration. We cannot predict or guarantee that your case will settle. What we can tell you is that cases that are thoroughly worked up and are aggressively pursued will be in the best position for settlement before trial. Our extensive experience and strategy training allow us particular foresight in determining what process will be the most advantageous to you in terms of case development

I have medical bills and other expenses as a result of my injuries. What compensation can I get?

The amount of compensation you are entitled to recover as damages depends on a variety of factors, but can include compensation for medical and rehabilitation costs, loss of wages, loss of earning capacity, pain and suffering, future medical costs and future inability to work. If a member of your family has died as a result of his or her injuries, your family may be able to obtain compensation for funeral costs, as well as the loss of companionship and support in some instances.

How do I know if a settlement amount is fair?

The ultimate decision to settle a case for a certain amount is the client’s decision. With children’s claims in some instances, it has to be approved by the Court. At Bertram Law Group, PLLC, we will work with you and make recommendations whether we think the settlement offer is fair. We will try to clearly explain the reasons for the recommendations. We have 25 years of experience litigating these cases and we are familiar with what juries and judges generally award in similar cases.

How much will it cost me to file a lawsuit?

At Bertram Law Group, PLLC, there is no cost to meet with a lawyer to discuss your case. If we decided to represent you, then we will work your case on a contingent fee basis only. That means that you do not pay us by the hour. We are only paid if you obtain money in settlement or as a result of a successful trial verdict. If we are not successful in settling your case you do not pay us these fees. The costs of the litigation are also paid by our law firm and then we are reimbursed by you out of the settlement proceeds at the end of the case. We are only ever paid at the conclusion of your case. Contingent fees allow the general public to hire experienced lawyers without worrying about paying expensive legal fees and costs. We can begin your case as soon as you contact us.

Unsafe & Defective Products FAQs

Unsafe & Defective Products

What is an unsafe or defective product?

An unsafe or defective product is a product that causes harm when used because it was designed unsafe or does not have the right warnings for the public. The harm is not known to the person using the product, which makes it unreasonably dangerous for the user. A product can be considered defective if it is “unreasonably dangerous” for general use. A product may be found to be defective because of a manufacturing, design or a warning defect. If we can prove any one of these defects, the victim can be compensated for the harms suffered by the unsafe product against the manufacturer or sometimes the seller of the product.

What is the difference between a design defect, a manufacturing defect and a marketing defect?

Product defects are generally put into three categories: design, manufacturing and marketing defects. Design defects are in a manner of speaking, intended. This type of defect is inherent in the design of the product. For example, a chair that is designed with only three legs might be considered defectively designed because it tips over too easily. Manufacturing defects on the other hand are defects that were not intended at all. For example, a chair might be designed to be stable, but if it is manufactured with one of the legs not bolted on correctly, the chair would be said to have a manufacturing defect. Marketing defects are defects in the manner in which a product is sold. This type of defect can include inadequate warnings and/or instructions for the public.

Who is legally responsible for a defective product?

If a product does not work properly or causes injury or death to the user, then the manufacturer, distributors and sellers may be responsible for your injury depending on the facts of the case. If you or a loved one has been injured by a consumer product, you may be eligible to file a product liability lawsuit. It is important to remember that your product liability case is subject to a statute of limitations which restricts the time you have to file a claim. To learn more about how you can recover your losses after a product related injury, please contact us to speak with an experienced product liability attorney.

I think I have been injured by a defective product, what claims do I have?

We would need to know more facts. If you have been injured as a result of a defective product, you may have claims for negligence, negligent design, breach of warranty, and strict liability for selling a defective product.

What is product liability?

Product liability is all about holding manufacturers, distributors and sellers accountable or responsible for injuries or death caused by the use of a defective product. The products can range from medications, medical devices, to most complicated machinery such as motor vehicles or airplanes, to common household items such as home appliances, children’s toys and baby highchairs.

If I misuse a product, can I still file a claim?

The most common defense to a product liability suit is that the consumer was using the product incorrectly. Yet, even if the defense proves you have misused a product, this does not necessarily mean your claim is invalid. It is the manufacturer’s responsibility to anticipate product misuses, and warn consumers of the dangers of using it in an unintended manner. The only way a manufacturer can escape liability is if the product is misused in a way they never imagined or in a way that is clearly contrary to the exact warnings that came with the product.

Can I file a product liability claim if I used the product, but do not own it?

Yes. You do not have to own the defective product to file a product liability claim. If you were borrowing a product and were injured as a result, you can still qualify for full and fair compensation.

What damages can I recover in a defective product case?

Usually, the injured person is entitled to recover damages for past and future medical treatment, past and future wage loss, damages for pain, suffering and emotional distress, and, if the injured person can establish intentionally reckless conduct on the part of the manufacturer you may be entitled to punitive damages (i.e. damages intended to punish the business). If the injured person dies, his or her survivors are entitled to recover full compensation for their economic losses that result from the injured person’s death, as well as monetary damages which stem from the loss of society, care, and comfort of the decedent.

Should I keep the defective product?

Yes. Set the defective product aside in a protected space, and do not use it or change it in any way.

Are witnesses important?

Yes. Get the names, addresses and telephone numbers of any people who are familiar with the product that caused your injury, and any witnesses to your accident.

Should I take photographs?

Yes! Take photos or video of the product, any warnings, labels, operator instructions and the location where the injury occurred. In addition, pictures should be taken of any visible bodily injury.

Should I find the product’s instructions/packing/manuals? (if applicable)

Yes. Locate any documents, papers or instructions that came with the product, such as shipping instructions, operator manuals, warnings, packaging, labels, and any billing information you have, etc.

How much will you charge me to discuss my product liability accident?

Nothing! After an initial phone call, if we think the case may have merit, the attorneys at Bertram Law Group, PLLC will meet with you about your case at no cost. Remember, the law holds manufacturers, sellers and distributors responsible for products that pose a danger to users or consumers as a result of design and/or manufacturing defects. If a product has injured you, you may be able to recover for your injuries under products liability or negligence law. Ms. Bertram has the experience in handling products liability and negligence cases and can analyze the facts surrounding your injury and determine whether the product that injured you was defectively designed, defectively manufactured or both.

If you have question or want more information please call 202-335-0185 or email us to learn more.

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  • American Association for Justice
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  • Super Lawyers