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Practice Areas

The Law Offices of Chaikin and Sherman, P.C.

Toll Free - 800.229.8384

Phone - 202.659.8600

Fax - 202.659.8680

Flashing Signals Beware

Posted on February 16, 2012 by bierachin

Your Maryland lawyers at Chaikin, Sherman, Cammarata & Siegel, P.C., are well aware of the often-tragic results of a motorist failing to obey traffic signals. Although we represent individuals injured as a result of a driver’s failure to adhere to these signals, we wish to remind all motorists of the “meaning” behind the flashing lights so as to avoid these sometimes-tragic results. The Maryland Transportation Code, section 21-204, provides the laws governing flashing traffic signals as follows:

Flashing red (stop signal) — In general. — If a red lens is lit with rapid intermittent flashes, the driver of a vehicle shall stop at the near side of the intersection at a clearly marked stop line.

Flashing red (stop signal) — No clearly marked stop lines. — If a red lens is lit with rapid intermittent flashes, the driver of a vehicle shall stop at the near side of the intersection, if there is no clearly marked stop line, before entering any crosswalk.

Flashing red (stop signal) — No crosswalk. — If a red lens is lit with rapid intermittent flashes, the driver of a vehicle shall stop at the near side of the intersection, if there is no crosswalk, before entering the intersection.

Flashing yellow (caution signal). — If a yellow lens is lit with rapid intermittent flashes, the driver of a vehicle may proceed through the intersection or past the signal only with caution.

REMEMBER, we each have a responsibility to make our roadways safer and the lawyers at CSCS remind you to always make safety your number one priority.

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Are you suffering from a Concussion?

Posted on February 13, 2012 by bierachin

A concussion is a type of traumatic brain injury typically caused by a jarring of the brain inside of the skull. The signs and symptoms of a concussion, also referred to as a “closed head injury,” can be subtle and may not be immediately apparent. If you have been involved in a motor vehicle accident and you suspect you have suffered from a brain injury, seek immediate medical attention. Although signs and symptoms may vary, the most common symptoms after a concussive traumatic brain injury are:

Headache
Amnesia
Confusion
Temporary loss of consciousness
Ringing in the ears, and
Fatigue

Because traumatic brain injuries can cause impairments which may be long lasting and life altering, you need an experienced brain injury attorney, such as your Maryland attorneys at Chaikin, Sherman, Cammarata & Siegel, P.C., to work to recover maximum compensation on your behalf, and to ensure that you get all the help you need to recover.

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LIMITING YOUR RIGHT TO SUE vs. THE CONSTITUTION

Posted on February 9, 2012 by bierachin

Lately some U.S. congressmen, eager to cash in on the nation’s concern with health care reform, have tried blaming our problems on the fact that patients are allowed to sue bad doctors for negligent, harmful medical mistakes. (Of course, this right is already limited in many states that raise procedural barriers to medical malpractice suits, and/or put arbitrary limits on the awards that patients can recover.) Some congressmen have proposed federal laws that would impose limits in every state on the right to sue bad doctors.

Aside from the injustice of such federal bills, the problem with them – as recognized by even some congressmen, including Republican House members – is that the bills violate the principle of federalism enshrined in the U.S. Constitution, and stated plainly in the Tenth Amendment in particular. The Tenth Amendment states: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

In short, if the Constitution doesn’t give the Federal Government a particular power, that power is reserved for the states and the people. And there’s nothing in the Constitution that says the Federal Government can dictate to every state how medical malpractice claims should be handled in their own courts. Medical malpractice suits, like
lawsuits in general, are a local matter for states to govern on the basis of their own individual conditions. In a rush to make health care better for everyone, Congress shouldn’t rush to pass an ill-advised infringement on the rights of patients that’s unconstitutional to boot.

Posted in New laws and/or amendments | Leave a comment

Do You Have Personal Injury Protection (“PIP”)?

Posted on February 6, 2012 by bierachin

Maryland Personal Injury Protection coverage, or “PIP” as it is commonly referred to, is additional insurance coverage purchased with a liability policy in the State of Maryland. PIP is used to pay medical bills and lost wages incurred as a result of a motor vehicle collision. In the event you are injured in a motor vehicle collision, PIP coverage is available to you (the policy holder), and all of your passengers, and may even be collected if you are at fault for the accident or the accident occurred outside the State of Maryland. Generally, the minimum PIP coverage is $2,500 per individual, but additional coverage may be purchased from your insurance carrier in the amount of $5,000 or even $10,000. Your lawyers at Chaikin, Sherman, Cammarata, & Siegel, P.C., recommend that you call your insurance carrier TODAY to ensure that you have sufficient PIP coverage for you and family. Although Maryland PIP can be waived on an automobile policy, doing so is a bad idea, and we strongly advise against it.

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NEVER GIVE A STATEMENT TO AN INSURANCE COMPANY WITHOUT 1st CALLING YOUR LAWYERS AT CSCS

Posted on February 2, 2012 by bierachin

It seems harmless because you will simply be reciting the truth. But, resist the urge and call your lawyers first because the insurance companies are not on your side and may not play fair. So, go ahead and call your Maryland team at Chaikin, Sherman, Cammarata & Siegel, P.C., at 1-800-229-8384 or 202-659-8600 before you take any action requested of you by an insurance company. We are available round the clock.

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WE CAN HELP YOU SET UP A SMALL ESTATE FOR YOUR BELOVED ONE

Posted on January 30, 2012 by bierachin

The lawyers at Chaikin, Sherman, Cammarata & Siegel, P.C., are often called upon to represent individuals who have lost a loved one as the result of the negligence of another. What many of our clients do not know, is that in order to file a lawsuit as a result of the death of their loved one, a person may need to qualify as a personal representative under the law, and then an estate may need to be set up in the appropriate Maryland county before the litigation can begin. We understand that losing a loved one is a an immeasurable loss and we want to give our clients as much space and time as needed to focus on healing and to grieve. We are a full service law firm, and will assist with our clients with setting up the estate in Maryland, when necessary. This is simply one less thing for you to worry about, and another reminder that we are here for you.

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A Ban On Cell Phone Use and Text Messaging Is Closer Than You Think

Posted on January 26, 2012 by bierachin

The lawyers at Chaikin, Sherman, Cammarata & Siegel, P.C. know firsthand the deadly consequences of distracted driving. We have represented hundreds of clients who were seriously injured at the hands of a distracted driver and this phenomenon seems to be spreading. Each time we represent a client whose life has been turned upside down all because a driver could not wait to type that last “smh” or “lol,” we realize that these insignificant words have significant and long lasting consequences. We wonder when will drivers stop playing Russian Roulette with the lives of others on the roadway? Well, we may soon get our answer, and not through the voluntary efforts of drivers, but through legislation.

The National Transportation Safety Board (“NTSB”) announced last week its call for a nationwide ban on the use of cell phones and text messaging devices while driving, except for emergencies. If passed, the ban would apply to hands-free devices (such as Bluetooth devices) as well as hand-held devices. Many states, including Maryland, already have laws restricting the use of hand-held devices. In fact, Maryland is becoming increasingly stringent in its distracted driving laws. Most recently, the loophole in the law that allowed “reading” of messages while driving as well as texting while at stoplights is now closed. Maryland Governor Martin O’Malley signed the legislation that took effect Oct. 1, 2011 closing the loophole, and now the following bans are in effect:

- Text messaging is prohibited for all drivers.

- Handheld cell phone use banned for all drivers.

- Drivers under the age of 18 and drivers with learner’s permits or

intermediate licenses are prohibited from using cell phones.

Although Maryland’s cell phone laws are currently very strict, if the NTSB’s recommendation passed, there would be a total ban on cell phone usage in the State. Your lawyers at Chaikin, Sherman, Cammarata & Siegel, P.C. will keep you updated on the evolution of the distracted driving laws in Maryland. In the meantime, keep your eyes on the road and remember that a life can be forever changes in the blink of any eye.

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Tips For Headache Free and Safe Travel

Posted on January 24, 2012 by bierachin

Keeping your family safe is of upmost importance, and here are a few travel tips to ensure you make it to your destination safely:

Make Sure Your Vehicle is Tuned Up And Ready For the Road. This includes checking the tires, ensuring all of your fluids are topped (especially the windshield wiper fluid), and that your battery is in tiptop condition.
Pack a First Aid Kit. It is a good idea to always have a first aid kit in your vehicle, but it is especially important for long distance driving. Make sure the first aid kit fits your needs for your holiday travel, and depending on the activities planned for your trip, it is a good idea to modify the kit accordingly before each trip. No matter your destination, at a minimum, the Red Cross recommends that all first aid kits include the following:

- absorbent compress dressings

- adhesive bandages

- adhesive cloth tape

- antibiotic ointment / wipe packets

- aspirin

- blanket

- breathing barrier

- instant cold compress

- non-latex gloves

- hydrocortisone

- scissors

- roller bandages

- sterile gauze pads

- oral thermometer

Check http://www.redcross.org/services/hss/lifeline/fakit.html for a more extensive list from the Red Cross on the anatomy of a first aid kit.

Do Not Rush. Give yourself enough time to reach your destination.
Leave Early. If possible, avoid peak traffic hours. Although some delays are to be expected, if you leave at non-peak hours, you may avoid the bulk of the delay.
Stay Alert and Focused. Pull over if you become fatigued or pass the wheel to another licensed driver if available. NEVER, EVER, text while driving or use a hand-held cell phone. If you must use your cell phone, use a hands-free device or have one of your adult passengers place the call for you.

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Martin Luther King, Jr. Day – A Day “On” and Not A Day “Off”

Posted on January 16, 2012 by bierachin

This Martin Luther King, Jr. holiday marks the birthday of Rev. Dr. Martin Luther King, Jr., and celebrates the achievements of an extraordinary leader whose legacy lives on. On this day, be active in your community and make a difference in the life of another. Take the time to meditate on how far this nation has come in terms of civil rights for all its citizens, and how much further we have yet to go. Visit the Martin Luther King, Jr. Memorial in downtown Washington, D.C, and spark up a conversation with a stranger, or volunteer at DC Central Kitchen, located at 425 2nd St N.W., Washington, DC 20001, and assist DC Central Kitchen’s staff prepare meals for the District residents – maybe you will bump into one of our attorneys, Ebony M. Robinson! Whatever you do, the lawyers at Chaikin, Sherman, Cammarata, & Siegel, P.C., challenge you to Get involved and Give back, and to transform the King Holiday into a day of service in honor of Dr. King.

Everybody can be great…because anybody can serve.
You don’t have to have a college degree to serve. You don’t have to make your subject and verb agree to serve. You only need a heart full of grace. A soul generated by love.

― Martin Luther King Jr.

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Cruise Ship sinks off the coast of Italy killing at least five, and leaving many others injured.

Posted on January 16, 2012 by bierachin

Costa Cruises’ “Costa Concordia” struck a reef off the coast of Giglio Italy, causing the ship to sink. Five people have been confirmed dead, so far, and many of the 3,200 passengers, and 1,000 crew members have been injured. It has been reported that the ship was travelling dangerously close to the shore, and hit a rock. The captain claims that the rock was unmarked.

Passengers are supposed to be the first priority, but there have been accounts that the crew was disorganized and were not helping passengers. There have been reports that the crew did not lower the lifeboats in a timely manner, and then were unable to do so, once the boat began to tilt on its side. There are also reports that the captain was sighted on
a lifeboat, under a blanket, heading towards the shore, while there were still stranded and missing passengers. He is being held in custody by Italian officials, facing possible charged for manslaughter and abandoning his ship.

The families of the decedent’s may have wrongful death claims, and the injured passengers may have claims against the cruise line for their negligent and reckless conduct. Costa Cruises is a division of Carnival Cruises which is based out of Miami, Florida so any lawsuit against the cruise line can be filed in the United States, even though the injuries occurred off the coast of Italy.

While it appears that the cruise line was clearly negligent, it is unlikely that they will take
responsibility for the injuries and deaths without a fight. Very often cruise lines offer unfair discounts or refunds in exchange for a waiver of liability. If you or a family member have suffered serious injuries or death as a result of this recent catastrophe you are entitled to be compensated financially for your losses. You should not allow the cruise
line to pressure you into accepting a quick settlement, such as a discount on a future cruise or a refund. Rather you should contact an experienced cruise line injury lawyer. It is important to note, that very often your rights are governed by conditions set forth on your ticket. For example, cruise lines provide deadlines to give written notice to company of your claim, or may require that you file a lawsuit within a time period that is shorter than the statute of limitations in the state that you are filing. The tickets also sometimes require that you take judicial action in a particular state.

If you or a loved one was a victim in the recent cruise ship sinking, or any other cruise line incident, Chaikin, Sherman, Cammarata & Siegel, P.C. can help you receive the compensation you deserve.

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