Preller Law Firm, LLCBaltimore Personal Injury Attorney | Motor Vehicle Accidents, DUI2026-05-29T08:04:08Zhttps://www.prellerlawfirm.com/feed/atom/WordPressOn Behalf of Preller Law Firm, LLC<![CDATA[What Maryland accident victims should know before talking to an adjuster]]>https://www.prellerlawfirm.com/?p=471292026-05-29T08:04:08Z2026-05-29T08:04:08ZAfter an accident, an insurance adjuster may call before you fully understand your injuries or your rights. In Maryland, those early conversations carry real legal weight.
Maryland follows a pure contributory negligence standard. Under this rule, you may lose your right to any compensation if an adjuster establishes even 1% fault on your part. Adjusters know this. They may ask questions designed to draw out comments about your speed, your awareness or your reaction time. Adjusters can use phrases like "I didn't see the car" or "I was in a hurry" to assign partial blame.
What you should never say or sign
The other driver's insurance company cannot require you to give a recorded statement. Avoid these common mistakes before speaking with an attorney:
Downplaying injuries: Saying "I'm fine" can undercut a later claim for pain and suffering.
Accepting quick settlements: Early offers rarely account for future treatment or lost wages.
Signing broad medical releases: These forms may expose your full medical history, not just records tied to the accident.
Speculating about fault: Guessing out loud can lock in assumptions that hurt your case.
Adjusters may record casual remarks and use them during negotiations.
Know your statute of limitations
Maryland law sets a strict deadline for filing a personal injury lawsuit. UnderMaryland Code, Courts and Judicial Proceedings § 5-101, you have three years from the date your injury occurs to file. If adjuster negotiations run past that deadline without a lawsuit on file, your claim may be permanently barred. You should also ask about Personal Injury Protection (PIP) coverage, which Maryland insurers are required to offer and which covers medical bills regardless of fault.
Talk to an attorney before the adjuster calls again
The steps you take in the first days after an accident can affect your entire claim. An attorney can help you understand your options before you say something that limits your recovery. For guidance on your personal injury claim, speaking with a lawyer may clarify how Maryland's strict rules apply to your situation.]]>On Behalf of Preller Law Firm, LLC<![CDATA[Understanding DUI vs. DWI charges in Maryland]]>https://www.prellerlawfirm.com/?p=471272026-02-16T04:00:41Z2026-02-16T04:00:41ZDefining DUI and DWI under Maryland law
Maryland separates impaired driving based on the degree of alleged impairment. A DUI charge often relates to a blood alcohol concentration (BAC) of 0.08 or higher, or other signs that suggest stronger impairment.
A DWI charge may apply when alcohol affects driving ability, but the BAC falls below 0.08. Officers may review driving behavior, physical signs and test results when deciding which allegation applies. The main difference focuses on the level of impairment rather than the reason for the stop.
Comparing penalties, procedures and administrative outcomes
The charge level can influence what happens after an arrest. In Maryland, you can encounter both criminal court proceedings and administrative action through the Motor Vehicle Administration. Depending on the allegation and case details, the process can include:
Reviewing potential fines or jail exposure linked to the charge
Addressing license suspension or ignition interlock requirements
Preparing for evidence such as alcohol test results or officer observations
These tracks can proceed concurrently but follow different procedures.
Key considerations after a DUI or DWI charge
After an arrest, you may review the charge listed in your paperwork and look for deadlines linked to license suspension or administrative hearings. The difference between DUI and DWI may affect issues such as ignition interlock use or limits on driving privileges. Understanding these details may give you a clearer context as you consider your next steps.]]>On Behalf of Preller Law Firm, LLC<![CDATA[Legal protections for nursing home residents facing peer abuse]]>https://www.prellerlawfirm.com/?p=471242025-11-28T13:26:41Z2025-11-28T13:26:41ZMaryland's legal requirements for resident protection
Maryland law says that nursing homes must protect all residents from harm, including abuse from other residents. According to Maryland Code, Health-General §19-1401, nursing homes need to provide a safe environment and watch over the residents carefully. This means they must protect residents from each other, not just from the staff. If a nursing home does not meet these standards, the state could fine or sue them for being careless.
How nursing homes must assess and prevent resident aggression
Maryland has rules that say nursing homes must check all residents when they first arrive and regularly after that. These checks are to find out:
If any residents are likely to be aggressive or have behavior problems
What might cause a resident to become aggressive
What steps does the home take to prevent residents from harming each other
If there are enough staff members to watch the residents properly
What specific things need to be in a resident's care plan to deal with behavior issues
These checks are meant to stop residents from harming each other by planning ahead and acting.
What families can do when nursing homes fail
If a nursing home in Maryland does not prevent residents from abusing each other, families have legal options. The Maryland Office of Health Care Quality will investigate complaints and can punish nursing homes that break the rules. Families can also sue the nursing home for negligence, asking for money to cover injuries, emotional suffering, and other damages caused by the nursing home's failure to protect their loved one.
Recent court cases in Maryland have shown that nursing homes can be responsible for resident-on-resident abuse. In these cases, the courts said that the nursing homes were negligent because they did not watch aggressive residents closely enough, create proper care plans for residents, respond quickly when incidents happened or have enough staff members.
Standing up for your loved one
Even in nursing homes, bullying and aggression can happen. You have every right to expect the nursing home to protect your family member. While Maryland law provides good protections, family members often need to stay vigilant. By understanding these legal rights and working with lawyers who focus on nursing home neglect, you can help make sure your loved one receives safe and respectful care.]]>On Behalf of Preller Law Firm, LLC<![CDATA[What type of car crash is the deadliest?]]>https://www.prellerlawfirm.com/?p=471232025-08-27T22:37:20Z2025-08-27T22:37:20ZThe angle of approach is a key factor
Head-on collision often cause devastating damage to vehicles. If someone in one of the vehicles chooses not to use safety restraints, they are at risk of getting thrown from the vehicle.
However, head-on collisions are relatively rare. Additionally, vehicle manufacturers install systems intended to protect vehicle occupants in the event of head-on collisions. Therefore, head-on collisions are the second deadliest type of crash. They cause 29.9% of reported traffic fatalities.
Rear-end crashes are even less likely to prove deadly. While they can cause fatal injuries, especially at high speeds, they are only responsible for 17% of all traffic fatalities. Sideswipes and other minor collisions are responsible for just 8.2% of all fatalities in traffic.
Angle collisions, also known as T-bone crashes, are the deadliest type of collision. One vehicle strikes the side of another, the chances of mortality are higher. They account for 44.8% of all fatal crashes. The lack of standardized side-impact safety systems, such as airbags, contributes to the high fatality rate of angle collisions.
Even if an angle collision isn't fatal, it could cause serious injuries and leave a vehicle unsafe to drive. People who are aware of risk factors, including what makes a collision more dangerous, can protect themselves in traffic. They can also take appropriate steps in pursuit of financial compensation after a collision.
Filing an insurance claim or a personal injury lawsuit may be possible after a side-impact car crash. The driver at fault for the collision usually needs to compensate the people affected by the incident.]]>On Behalf of Preller Law Firm, LLC<![CDATA[Is placental abruption ever evidence of medical malpractice?]]>https://www.prellerlawfirm.com/?p=471222025-06-05T23:44:46Z2025-06-05T23:44:46ZPlacental abruption is a serious medical condition that can occur during pregnancy, posing significant risks to both the mother and the baby. It happens when the placenta detaches from the uterine wall before childbirth, disrupting the flow of oxygen and nutrients to the fetus. While placental abruption can occur naturally and without warning, there are situations in which it may be evidence of medical malpractice.The key concern at issue when determining whether a placental abruption results from medical negligence is whether the health care provider in question failed to meet the accepted standard of care. Doctors and nurses are trained to recognize signs of placental abruption, especially in higher-risk pregnancies. Warning signs can include vaginal bleeding, abdominal pain, rapid uterine contractions and fetal distress. If a provider fails to monitor these symptoms or dismisses them as normal pregnancy discomfort, they may miss an opportunity to intervene early and prevent harm.
Abruptions happen, and sometimes they are legally actionable
Some placental abruptions develop suddenly and may not be preventable, even with the best medical care. However, there are known risk factors that call for heightened vigilance. These include maternal high blood pressure, trauma (such as from a car accident), smoking, cocaine use, previous history of abruption and premature rupture of membranes. When these risks are present, providers are expected to monitor more closely and act swiftly if complications arise.Malpractice may also be at issue if a proper response to an abruption is delayed or mishandled. Once an abruption is suspected or diagnosed, immediate evaluation and often emergency delivery are necessary. A delay in ordering diagnostic tests, contacting an obstetrician and/or arranging for an emergency cesarean section can lead to severe consequences, including stillbirth, brain injury due to oxygen deprivation or maternal hemorrhage.Medical malpractice cases involving placental abruption are complex. They require expert review of medical records, fetal monitoring strips and the timeline of events. Not all adverse outcomes are the result of negligence, but when a doctor or nurse fails to recognize clear signs or respond appropriately, they may potentially be held legally liable for the resulting harm.]]>On Behalf of Preller Law Firm, LLC<![CDATA[3 options available to those facing criminal charges]]>https://www.prellerlawfirm.com/?p=471202025-03-01T23:50:43Z2025-03-01T23:50:43ZNegotiating a plea bargain
Many people who eventually plead guilty do not leave themselves at the mercy of the courts. Instead, they retain an attorney who negotiates with the prosecutor's office. A criminal defense attorney can negotiate arrangements in which the state reduces the charges brought against a defendant or limits the penalties that the courts may impose. A plea bargain may even entail limiting what information the prosecutor submits to the courts. Plea bargains are often a means of limiting the long-term consequences of criminal charges.
Undermining the state's case
Depending on the charges that someone faces, there may be many types of evidence used to prove that they broke the law. A defense attorney can help evaluate that evidence. They can bring in professionals like forensic accountants to conduct a secondary review. They can hire expert witnesses to show that the state made mistakes when analyzing the evidence. In some cases, they can even keep certain evidence out of court by showing that police officers violated the law or the rights of a defendant during an investigation.
Building an affirmative defense
Sometimes, the law extends a degree of leniency to people who make difficult choices. There are scenarios in which behavior that is typically illegal is not a criminal offense. Those scenarios include when people use physical violence to defend themselves against an imminent threat of harm. An affirmative defense involves presenting a different perspective about a criminal incident. In cases where the state has strong evidence but there are special considerations, an affirmative defense may be the best option available.
Reviewing pending charges and the evidence gathered by the state with a skilled legal team can help people develop effective criminal defense strategies. Defendants who have support early in the criminal process can potentially defeat their pending charges or minimize the consequences that they’re facing.]]>On Behalf of Preller Law Firm, LLC<![CDATA[Can I use a hidden camera to prove nursing home neglect? ]]>https://www.prellerlawfirm.com/?p=471182024-12-10T22:37:53Z2024-12-10T22:37:53ZThe well-being of a vulnerable family member is paramount. As a result, sometimes families may feel the need to take extraordinary measures to help ensure their safety. Hidden cameras, also known as “nanny cams,” are considered a tool to capture proof of neglect or mistreatment. This is because suspecting abuse of a loved one can be a deeply troubling and emotional situation.
Maryland has specific laws on surveillance and privacy, and nursing homes may also have their own policies. These laws and regulations make using hidden cameras legally complex. Before installing a nanny cam, it is essential to understand how Maryland law views this approach.
Maryland laws on hidden cameras in nursing homes
The Old Line State is a “dual-consent” state when it comes to audio recordings. This means all parties involved must consent before any audio can legally be recorded. This law applies regardless of whether the recording occurs publicly or privately. However, hidden cameras that only record video without sound exist in a different legal space. While the state does not have a specific law that prohibits placing a video-only camera in a private nursing home room, the legality can depend on factors such as whether the resident consents and the nursing home’s policies. If your loved one is mentally capable of providing consent, you may install a camera in their room, provided the facility’s policies allow it. For residents who cannot provide consent, families should exercise caution and seek legal help to avoid violating privacy laws or facility rules. It is also important to ensure the camera does not record other residents or staff in areas where privacy is expected, such as bathrooms or shared spaces. While the desire to help protect your loved one is understandable, using hidden cameras without proper knowledge of Maryland law can lead to legal consequences, including criminal charges or civil liability. If you suspect your loved one is being neglected or mistreated, it is vital to act promptly and within the boundaries of the law. Seeking legal guidance can help you understand your rights and the best course of action to help ensure your loved one’s safety while avoiding potential legal pitfalls. ]]>On Behalf of Preller Law Firm, LLC<![CDATA[How dangerous people get jobs at nursing homes]]>https://www.prellerlawfirm.com/?p=471152024-09-08T13:43:17Z2024-09-08T13:43:17ZUnderstaffing leads to poor hiring choices
For multiple consecutive years, there has been a dangerous shortage of nursing home professionals. Facilities have a hard time hiring new professionals and retaining the people they have on staff. The combination of high levels of demand on the workers and low pay makes it very difficult to recruit and retain nursing home employees.
Those handling the hiring at a nursing home may rush through the background check process and could easily miss warning signs such as a history of terminations or a prior criminal record. The result of those oversights could be a dangerous individual with direct access to vulnerable people in a facility where they should be safe. Workers with questionable backgrounds and minimal oversight can steal from residents, physically abuse them and neglect their care needs.
In scenarios where the neglect or abuse of an older adult directly connects to the conduct of a single employee, it may be possible to take legal action against the nursing home. Failing to properly screen employees can be as negligent as overlooking complaints about the conduct of individual workers.
Nursing home neglect and abuse can lead to harm for the most vulnerable people in society. Families that take legal action can potentially force companies to change their practices while simultaneously pursuing compensation for the harm that their loved one has endured.]]>On Behalf of Preller Law Firm, LLC<![CDATA[3 ways that medical professionals may cause birth injuries]]>https://www.prellerlawfirm.com/?p=471122024-06-04T12:02:16Z2024-06-04T12:02:16ZFailing to take appropriate action
Birth is largely a natural process that progresses on its own in most circumstances. However, there are scenarios in which the efforts of medical professionals might be the only way to protect both the mother and her unborn child from an adverse outcome. Fetal heart rate monitoring and regular interactions with the mother are typically necessary to monitor the progress of labor. Without proper monitoring, healthcare providers may miss the signs of distress in an unborn child. Their failure to intervene in a timely fashion could potentially contribute to injuries related to fetal distress during labor, like cerebral palsy.
Choosing the wrong interventions
There are numerous types of medical support that labor and delivery professionals can offer in a hospital or birth center. Sometimes, physicians choose the wrong types of medical support. They might give a patient a medication that isn't appropriate for use during labor or choose an intervention that is too aggressive given the circumstances. The choices that doctors make can end up worsening the situation and causing serious injuries to the mother or her unborn child.
Improperly administering interventions
Even if a doctor chooses the right intervention and knows when they need to react, they could still make a mistake in the process of assisting the birth. For example, a doctor using forceps to assist delivery could potentially cause injuries to an infant's neck or eyes. Those injuries could have significant medical implications for the child and major costs for the family.
When birth injuries are the result of a medical professional's mistakes or negligence, the incident may constitute medical malpractice. Filing a malpractice lawsuit could help families cover the costs created by a birth injury under such circumstances.]]>On Behalf of Preller Law Firm, LLC<![CDATA[Can I drive with an open container of alcohol in my car?]]>https://www.prellerlawfirm.com/?p=470772024-03-06T17:44:00Z2024-03-06T17:44:00ZWhat are open container laws?
These laws are, simply put, laws that make it illegal to have open containers of alcohol in the passenger areas of a vehicle while it is being driven or parked on a public road. The laws include any open bottle, cans or container of alcohol.
In Maryland, it is illegal for the driver or any passenger to possess an open container of alcohol in the passenger areas of a vehicle while the vehicle is in motion. These laws apply to having any alcoholic drink or empty container of alcohol in the passenger areas of the vehicle.
Passenger areas
It is important to understand what "passenger areas" means because the laws specifically target these areas.
Passenger areas are any part of the vehicle where people sit or ride. It also includes the glove compartment and the center console.
Exceptions
But what about exceptions? There are certain types of situations when you might see people drinking inside a vehicle where it is legal to do so.
For example, passengers in limousines, taxis or buses are allowed to have an open container of alcohol. In addition, passengers in the living area of a mobile home or trailer are exempt from these laws. Note that drivers may never drink and drive.
Consequences
If law enforcement catches you violating Maryland's laws in this way, you are subject to fines and penalties. Depending on the specific circumstances, the fines can be as high as $500 for a first-time offense.
Whether or not it is your first offense, it is critical to have an attorney who can represent you and advocate for you because of how the state charges and possibly convicts you, which could have lifelong consequences in many areas of your life.
However, the offense goes on the individual's driving record, and it could lead to increased insurance rates or the suspension of their driver's license.
In summary, it is important to understand and follow Maryland's Open Container Laws to stay safe and keep others safe on the road.
Remember that it is not only you that you are protecting by following the law. It is everyone else in your vehicle, as well as other drivers, that you could hit if you are driving drunk.
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