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Articles Posted in Evidentiary Issues

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Maryland Court of Appeals Clarifies Standard of Admitting Expert Witness Testimony in Personal Injury Cases

When someone is injured in a Maryland accident and decides to file a personal injury lawsuit, their case may end up going to trial. Many people imagine trials look like how they appear on television—two lawyers arguing in front of a judge, questioning witnesses, and making a passionate appeal to…

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The Use of Interrogatories in Maryland Accident Cases

Interrogatories are part of the discovery process in a civil case. An interrogatory is a series of written questions asked by one party to another, which must be answered in writing. In Maryland motor vehicle accident cases, any party may serve written interrogatories to another party. The receiving party must…

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The Importance of Expert Witnesses in Maryland Personal Injury Cases

Many Maryland personal injury cases involving car crashes and slip-and-fall accidents raise issues that most jurors have experience within their own lives. However, in Maryland medical malpractice cases and claims involving a dangerous or defective product, there are often complex scientific or medical issues that are beyond the average juror’s…

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Can a Plaintiff’s Failure to Use Safety Equipment Be Used Against Them in a Maryland Personal Injury Case?

Maryland is known to have some of the harshest laws when it comes to determining which accident victims are able to recover for their injuries. Under Maryland’s contributory negligence rule, plaintiffs who are found to have even the slightest role in causing an accident or bringing about their own injuries…

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Adverse Inference Instructions in Maryland Personal Injury Cases

A common concern in many Maryland personal injury cases is the spoliation of evidence. Spoliation refers to the “destruction, mutilation, or alteration” of evidence by a party who is involved in the case. Typically, spoliation occurs when a party is in possession of evidence that the party believes is unfavorable…

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Plaintiff’s Case Permitted to Proceed Despite a Failure to Preserve Relevant Evidence

Recently, a state appellate court issued a written opinion in a personal injury case dealing with the spoliation doctrine, which allows for a court to impose sanctions against a party who fails to preserve relevant evidence. The case presents an interesting issue for Maryland car accident victims in that it…

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Court Discusses Admissibility of Social Media Evidence in Recent Personal Injury Case

Recently, a state appellate court issued a written opinion in a personal injury case that presents an interesting issue that frequently comes up in Maryland personal injury cases. The specific claim at issue was over the defendant’s access to the plaintiff’s private Facebook account. The court ultimately concluded that the…

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Evidentiary Issues in Maryland Medical Malpractice Cases

Earlier this month, a Michigan court issued an interesting opinion regarding the admissibility of evidence in a medical malpractice case. In the case, Rock v. Crocker, the appellate court held that there is a very specific manner in which lower courts should approach questions of evidence admissibility, and since the court…

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