Fall 2004 Newsletter
We at The Jaklitsch Law Group hope all of you are enjoying the change of Season! There have been some exciting changes here at our Law Firm. First, we have opened a new office on the Eastern Shore, in the town of Cambridge, with former State's Attorney Michael C. Maloney handling our Personal Injury cases. Secondly, Robert J. Zarbin, specializing in Worker's Compensation cases, has joined our practice at the Upper Marlboro Office. Read on to learn more about these great attorneys.
Also included in this newsletter is a handy pamphlet to keep in the glove compartment of your car outlining what to do if you are ever involved in an auto accident.
Please drive carefully this Fall, but should you have the unfortunate experience of an auto accident or become injured while at work - do not hesitate to pick up the phone and contact us.
ADDITIONS TO OUR STAFF
ROBERT J. ZARBIN
Robert Zarbin was lured away from Saiontz, Kirk and Miles, in Baltimore, Maryland, where he was a top litigation attorney. Robert received his J. D. from Loyola University School of Law. He is a member of the Maryland Trial Lawyers Association's Board of Governors where he currently serves as Chair of the Legislative Section and as the immediate past chair of the Worker's Compensation Section. As the Legislative Chair, Mr. Zarbin spent a ggreat deal of the time with the Legislature, which is session, fighting to protect the rights of injured people. As the immediate past Chair of the Worker's Compensation Section, Mr. Zarbin testified against 26 seperate bills that were designed to take away the rights of injured workers. All of these bills were stopped.
Recently, Mr. Zarbin has been invited as a guest lecturer for the Association of Trial Lawyers of America at their annual summer convention in Boston, Massachusetts, where he spoke about protecting the rights of citizens and injured people. Mr. Zarbin has also been invited as a guest lecturer for the upcoming Winter Convention in Palm Springs.
Mr. Zarbin has been practicing in the field of Worker's Compensation for almost eighteen years. His experience includes representing claimants at all levels, whether it is the Worker's Compensation Commission, the Circuit Court, or the Appellate Courts. In fact, Mr. Zarbin was intrumental in rewriting the law regarding injured workers and the amount of disability they should receive when hurt on the job.
Mr. Zarbin is licensed in Maryland and the District of Columbia. He is a member of the District of Columbia Bar Assocation, the Association of Trial Lawyers of America, and then the Justinian Society. His practice concentrates in personal injury, workers' compensation, and product liability.
MICHAEL C. MALONEY
Mike Maloney was born in Baltimore and moved during his high school years to Littleton, colorado, where he was signed into professional baseball upon graduation. After 10 years of playing AAA Baseball, Mike left to enter into college and then went on to law school in Baltimore, Maryland, wher he met his wife, Jane, who was from the Eastern Shore of Maryland. After marriage, Mike and Jane moved to the Eastern Shore, where Mike served as the Block Grant Administrator for the Town of Federalsburg, awaiting his bar exam returns.
Upon admittance to the Bar, Mike applied for and became an Assistant State's Attorney for Dorchester County and became the Deputy State's Attorney a year later. He was elected the state's Attorney for Dorchester County, serving for three terms. He has extensive trial experience, as Mike has prosecuted thousands of cases in his prosecutorial career of 23 years.
Last year, Mike met up with his friend of 30 years, Richard Jaklitsch, and both saw the need for a Personal Injury Law firm on the Eastern Shore. Together they opened an office in Cambridge, a central location on the Eastern Shore.
Mike's trial abilities as one of the most experienced lawyers on the Eastern Shore, couples with Rick's 20 years as a nationally recognized personal injury lawyer, puts The Jaklitsch Law Group in the position to be the very best law firm on the Eastern Shore, handling car crash cases.
TAKING THE MYSTERY OUT OF WORKER'S COMPENSATION CLAIMS
Q. Do you need a lawyer for a workers' compensation claim?
A workers' compensation claim involves 3 parties: an injured worker; and employer; and an insurance company. The insurance company provides a lawyer for the employer and the insurance company but not the injured worker. Unless the injured worked hires a lawyer he/she will need to understand and deal with complex legal issues against a lawyer in the Commission.
Q. Do you need money to pay a lawyer for handling your claim?
A lawyer's fee is a contingency fee. You only pay if you win. No lawyer may request a fee from a client in advance of an award. In fact, only the Commission may award a lawyer a fee in a workers' compensation claim. This fee can only be awarded in cases involving a disability benefit. For examply, if a lawyer appears in the Commission on behalf of an injured worker seeking medical treatment he/she cannot request a fee. On the other hand, if the lawyer also seeks temporary total disability or permanent partial disability he/she can request a fee from the Commissioner but that fee is paid only if the injured worked wins his/her claim and the money is only then deducted from the award of benefits. Only the Commissioner has the right to award that fee.
Q. What types of benefits may be awarded to an injured worker?
If a claim is found to be compensable, the injured worker is entitled to lifetime medical benefits for any injury related to the claim. This is a very important benefit that the injured worker is entitles but only if he/she files a claim. Other benefits include temporary total benefits (time lost from work which is authorized by a medical care provider) and permanent disability benefits (an injury that is permanent in duration).
Q. Are worker compensation benefits automatically given to the injured worker?
No. Many times, the insurance company refuses to pay and/or provide benefits, such as medical case to the injured worker and that is what generated a hearing before the Commission. The insurance company will be at the hearing with a lawyer and unless the injured worker obtains the help of a lawyer he/she will be facing the hearing alone.
Q. How long do you have to file a workers' compensation claim?
Under most circumstances, the injured worker has 2 years to file his/her claim from the date of the injury. In some cases this deadline may be excused and/or extended. This issue may be very complicated and the assitance of a lawyer may be vitally important in order to win your case.
WHAT TO DO IF YOU ARE INVOLVED IN AN AUTOMOBILE ACCIDENT
1. DO NOT MOVE ANYONE
Make any injured person as comfortable as possible.
2. GET HELP
Flag down a passing motorist or ask anyone at the scene of the accident to call the police or rescue squad.
3. GET DETAILED INFORMATION
Before anyone leaves the scene, get as much information as possible. Measure skip marks and sketch a diagram of what happened.
4. GET WITNESSES
While the accident is fresh in everyone's mind, get details as to what people saw. Be sure to get their names, addresses and telephone numbers.
5. SEE YOUR DOCTOR
You may not realize that you have sustained serious injuries until days, even weeks, after the acident. Therefore, if you have suffered ANY unjury at all, no matter how seemingly insignificant, get to your doctor for a complete checkup as soon as possible.
6. CALL YOUR LAWYER
The other driver's insurance company has lawyers and professional investigators whose job is to ensure you receive as little as possible on your personal injury claim, your rental claim and for the damage to your car. You need professional help also. You wouldn't go to an ear, nose and throat doctor for heart surgery, so don't go to a general practice lawyer for a specialzed propblem like an automobile accident. We will ensure no statements are given that shouldn't be to insurance companies and that you are compensated as the law provides.
7. KNOW YOUR RIGHTS
The insurance company may be resposible by law to pay you for:
- All property damage to you car, your clothing, items in your car
- A rental car
- The cost of all medical bills related to the accident
- Lost Wages, including time traceling to the doctor and physical therapist
- Travel expenses
- Any disfigurement or scarring
- Emotinal distress and mental anguish
- Pain and suffering
- Inconvenience
- Damage to your relationship with a spouse or family member
- Reasonable nursing care expenses
The value of your claim is more that just your out-of-pocket medical bills and lost wages. It is important that you consult with an experienced attorney, as we can recognize losses that you have actually suffered, but which you would not think of.
ASSISTING CLIENTS ON THE EASTERN SHORE
The Jaklitsch Law Group celebrates their first year at the Eastern Shore Office under the management of Michael C. Maloney. Mr. Maloney reports that television and newspaper advertising has been highly successful, as well as ads placed in the Yellow Book. Rick Jaklitsch has been involved with the firm to handle any questions or concerns and to make the Cambridge Office of The Jaklitsch Law Group the first Plaintiff's Personal Injury Office on Maryland's Eastern Shore.
Missy Hastings, secretary to the firm, now has the help of another secretary, Leah Maloney.
The future is very promising for the Eastern Shore Office.
FIRM NEWS
Yet another baby girl for the Jaklitsch Law Group - Rick's paralegal, Melanie, brought Emily Elizabeth into the world in August 2004 - that makes a total of 5 little girls for this office!!!
THANK YOU FOR YOUR REFERRALS!!!
Chiquita Brooks, James Bryant, Dechryl Curtis, Carl Evans, Jessica Fleetwood, Don Fowler, Paul Grizzle, John Groenwoldt, John Haigh, Kelly Holzberger, Kendrick Herring, Karen & Issac Johnson, Justin Karwoski, Patricia Lathe, Kahill Lindsay, Hadi Ladjavardi, Rita Lanham, Marlo Marchante, Adrian Mickler, Derrick Miles, Dave Mimms, Anthony Parker, Madge Paulus, Linda Phillips, Phothong Phongsvath, Cathy Presgraves, Rhonda Sanders, Gretchen Singleton, Aulmon, Taylor, Anthony Thomas, Ingrid Wade, Bruce Wilkins, Tiffany Williams
THE TRIAL RESULT CORNER
Jane Doe v. Erie Insurance
Pre-Trial Offer: $15,000.00
Verdict: $75,000.00
Client was injured in a vehicular collision, where she sustained approximately $2,943.23 in past medical expenses for bodily injury. Client also claimed posttraumatic stress disorder as a result of this collision and incurred $15,320.00 in bills from her treating Psychologist. In addition to these injuries, client claimed $6504.96 in past lost wages.
John Doe v. Nationwide
Pre-Arbitration Offer: $8750.00
Arbitration Award: $75,000.00
Client had only $4839.00 in bills, but suffered a herniated disc and the client did not want to undergo surgery. The insurance company would only evaluate the case considering the low dollar amount of bills, and no the seriousness of the injury.
Jane Doe v. GEICO
Pre-Trial Offer: $0
Trial Result: $7500.00
Client Sustained $3000.00 in medical bills in a car crash. There was no property damage to either vehicle. GEICO refused to make any offer due to law of property damage.
John Doe v. ATV, Inc.
Pre-Trial Offer: None
Mediation Result: $220,000.00
Client was injured when a bus turned in front of his vehicle. He suffered a fractured leg. Medical bills were $38,387.00, there were no lost wages.
John Doe v. Erie Insurance
Pre-Trial Offer: $50,000.00
Arbritration Award: $279,608.80
Plaintiff sustained a low back injury in a car accident. He had some prior injury at the same level in his back, which required prior surgery, and then had a later injury to his back as well.
Each case is different. Attorney's past record does not assure similar favorable results in any future cases.