Archives for October 2013

What is a Traumatic Brain Injury?

In general, any kind of blow to the head or severe jostle can lead to traumatic brain injury (TBI). Falls are the number one cause, followed by auto accidents and blows to the head. Washington DC traumatic brain injury attorney Stuart L. Plotnick can help you fight for the compensation you need after such a traumatic injury.

Traumatic brain injuries are ranked by severity:

  • Mild
  • Moderate
  • Severe

If you have suffered a mild TBI, you might have lost consciousness for several seconds or a few minutes. You probably awakened feeling dazed or confused.

Moderate TBIs are often characterized by longer period of unconsciousness. This can last anywhere from a few minutes to several hours. If you have suffered this type of TBI, you may awake in a hospital, in a decreased mental state and with limited physical abilities.

Severe TBIs often have more serious impacts. With a serious TBI, you may suffer amnesia or slip into a coma. You may have permanent disabilities and a significant amount of brain damage.

If you or a loved one has suffered a traumatic brain injury, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Washington DC traumatic brain injury attorney. We represent clients in Virginia, Maryland, and Washington DC.

Inadequate Security and Premises Liability

Property owners have certain responsibilities to keep their premises reasonably safe. These responsibilities vary depending on the type of property and your status as a visitor at the property. When certain locations – college campuses, hotels, parking garages – are not kept safe, then tragic events or accidents can result, including sexual assault, murder, robbery, shootings and other crimes.  These fall under the doctrine of law and duty of inadequate security.  Property owners, landlords, shopping malls, hotels and motels, college campuses have a duty to protect their consumers from dangers they know or should know about.  They must know the character of their surroundings and that includes for the risk of a crime to a person on the property and take adequate measures consistent with the level of risk, whether it be a new lock on the door or a security force who patrols the premises.

Some examples of inadequate security that can lead to serious injury are:

  • Faulty or inadequate locks
  • Faulty or inadequate lighting
  • Failure to warn of known criminal activity or danger
  • Failure to install security cameras
  • Failure to provide security personnel in certain situations

Inadequate security can lead to catastrophic injuries and trauma, and in some cases have caused fatalities.

As your aggressive advocate, premises liability lawyer Stuart Plotnick will determine if the property owner was negligent in his or her duties to maintain a safe environment, and if you were injured as a result of this negligence. We will be at your side to provide support and help during this traumatic time.

If you or a loved one was seriously injured because of inadequate security and want to know if you have a case, please contact the Law Offices of Stuart L. Plotnick, LLC to schedule a consultation with our experienced Maryland premises liability attorney.

Common Causes of Truck Accidents

There are many steps involved in a tractor-trailer operation. Not only do trucks require special skills and training to drive, they also must be maintained and loaded a certain way. The driver is not always the cause of a truck accident. There are in fact a number of parties who may at fault.

Some of the common causes of truck accidents include:

  • Driver fatigue or lack of adequate rest
  • Driver intoxication
  • Driver error
  • Overloaded cargo
  • Unbalanced cargo
  • Poor truck maintenance
  • Failure to check and secure cargo properly

The person responsible for causing the accident could be the driver, the trucking company, the truck owner, the manufacturer of a defective truck part, another party or all of the above. Our experienced truck accident attorney, Stuart L. Plotnick, knows how to investigate the details of your case to determine who is at fault. For example, drivers are supposed to log their driving and rest time, they of course are required to have active CDL licenses as well.  Also, most trucks are required to maintain or have a “black box” similar to what we hear about in airplanes, which records things such as speed, hours of operation and movement. The rules that apply to truck safety and operation are not the same as those that apply to ordinary passenger vehicles.  They are more strict and require more safeguards.  If you choose us to represent you, we will tirelessly pursue compensation for your recovery from your injury and investigate the role that every party who had some responsibility for the safe operation of the truck that was involved in your accident.

If you have been injured in an accident that was not your fault and want to pursue compensation for your injuries and other damages, please contact the Law Offices of Stuart L. Plotnick, LLC to schedule a consultation with our experienced Maryland truck accident attorney. We also represent clients from Virginia and Washington DC.

Top Driver Distractions that can cause Car Accidents

Distracted driving or drivers has/have become one of the most common factors causing car accidents. Cell phones and other electronic devices are everywhere, and within arm’s reach most of the time, and let’s face many of us cannot resist the urge to wish to read or respond right away. These devices can be a major distraction while driving. Many states, including Maryland and the District have, no texting and hands-free laws now. Even without a cell phone, a driver needs to consciously avoid distractions in order to drive safely and avoid car accidents. Before, the cellphone and GPS devices, it was struggling to eat that hamburger and balance the Coke while driving, but mobile devices have more than exaggerated the temptation to become distracted.

The National Highway Traffic Safety Administration says in 2011, more than 3,000 people were killed in auto accidents caused by distracted driving.

There are many ways a driver can become distracted and cause a car accident. Some of the most common driver distractions include:

  • Texting
  • Cell phone use
  • Eating
  • Applying makeup or grooming
  • Reaching for something in the car
  • Reading, such as a map
  • Having a conversation
  • Thinking about work, a fight, or something else that is demanding your concentration

These distractions can cause life-altering car accidents and devastating injuries. If you were injured by a carelessly distracted driver, you deserve compensation for your injuries.

If you are searching for an experienced and aggressive Maryland car accident attorney, please contact the Law Offices of Stuart L. Plotnick, LLC to schedule a consultation. We represent clients in Virginia, Maryland, and Washington DC.

What are the Elements of a Personal Injury Claim?

Each personal injury case is a little different, but there are certain elements all of these cases have in common. In a personal injury lawsuit, the attorney must show that the four basic elements of a negligence claim are present:

  • You were owed a duty by the defendant e.g. the other driver; or there was a standard he/she had to meet
  • The defendant violated the duty owed to you; failed to meet the standard which caused the accident
  • You sustained a misfortune or other loss e.g. property damage, personal injuries, etc.
  • Your accident was caused by the violation of duty

A duty is some responsibility owed to you, and the responsibility is legally recognized in the relationship between you and the defendant. For example, traffic laws governing setting a speed limit creates of duty as to how a driver must operate his vehicle in terms of speed in a certain stretch of the road.  Medical practices and procedures create  duties and standards of care that a doctor owes his patient when treating them i.e. do certain patient symptoms require certain tests to be done.

It’s important to note that the presence of these elements in your case does not always guarantee compensation, as their can be other causes of accident or the Defendant may have a legitimate reason for not meeting the duty e.g. a deer ran out in front of my car, however our firm will investigate and fight aggressively for compensation on your behalf should it be appropriate.

If you or a family member suffered a severe injury because of someone else’s negligence and want to know if you have a personal damage claim, please contact the Law Offices of Stuart L. Plotnick, LLC to schedule a consultation with our experienced Maryland personal injury attorney. We also serve the areas of Virginia and Washington DC.

Do I Have a Wrongful Death Claim?

It is a tragedy when a loved one dies because of another person’s negligence. While nothing can bring your loved one back, an experienced Maryland wrongful death attorney like Stuart L. Plotnick may be able to help you recover economic compensation for expenses associated with the accident and additional money to provide your family with some economic stability during this difficult time.

A wrongful death occurs when a person dies due to the negligence or misconduct of another person or company. This particular type of suit can only be made by an immediate family member who depends on the deceased person for financial support. This typically includes spouses, children, parents, and siblings.

In order to make a claim for compensation, three factors must be present:

  • Negligence: You must be able to prove the negligence of the other party. For example, in an automobile accident, you must demonstrate that somebody else was at fault for the death of your loved one.
  • Injuries resulted in death: You must show that the death of your loved one was a direct result of the severe injuries sustained during the accident. Even if the death does not happen immediately; if injuries suffered during the crash ultimately resulted in death, you must prove that this is the cause of death.
  • Damages: You must demonstrate that you suffered economic loss as a result of the death, such as medical or funeral expenses.

If you have lost a loved one because of the negligence of someone else, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Maryland wrongful death attorney. We represent clients in Virginia, Maryland, and Washington DC.

How to Pick Your Virginia Car Insurance

Each state requires drivers to carry car insurance. As an experienced Virginia auto accident attorney, Stuart L. Plotnick knows the importance of having good insurance, and we have a few tips for finding the best car insurance for you.

  • Do your research. Most companies will give you a quote online if you fill out their questionnaire. If not, they should have a customer service number you can call. Sometimes getting a quote and asking questions over the phone is even quicker than online.
  • Get quotes from more than one place. Most insurance these days is competitively priced. Shop around to make sure you’re getting the best deal on the coverage you need.
  • Know the coverage types. Do you know the difference between liability and collision coverage? Sit down with an insurance professional and get them to explain what each type of coverage means and how it would benefit you.
  • Understand how your vehicle affects your premium. Not all cars are created equal. Insurance companies charge higher premiums for some cars, especially SUVs.

To learn more about how you may be able to recover compensation for your injuries after your car accident, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Virginia auto accident attorney. We represent clients in Virginia, Maryland, and Washington DC.

Dangers of Tailgating

Being tailgated by another vehicle can be a frightening experience. It can leave you feeling scared for your safety because it doesn’t allow room between cars to react to changes in traffic. As a Virginia accident lawyer, Stuart Plotnick has seen tailgating lead to too many rear-end accidents.

As a general rule, you should allow at least a one-car gap between yourself and a car in front of you in the city and a two-car gap on the interstate. When someone speeds or drives aggressively and closes that gap, they are tailgating, often coming within inches of another car’s bumper.

Accidents caused by aggressive driving are increasing at an alarming rate. If you have been a victim of one of these accidents, Stuart Plotnick can investigate your accident claim, develop your case to prove negligence, and fight to get you the full compensation you deserve.

If you or a loved one has been injured in an accident by an aggressive driver tailgating, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Virginia accident attorney. We represent clients in Virginia, Maryland, and Washington DC.