Futrovsky, Forster & Scherr, Chartered Futrovsky, Forster & Scherr, Chartered 2026-10-17T12:49:12Z https://www.futrovsky.com/feed/atom/ WordPress /wp-content/uploads/sites/1404319/2024/03/cropped-ffs-logo-mark-2-32x32.png On Behalf of Futrovsky, Forster & Scherr, Chartered <![CDATA[Moved to D.C.? How contributory negligence can affect an injury claim]]> https://www.futrovsky.com/?p=50974 2026-10-13T12:55:28Z 2026-10-17T12:49:12Z Why you might get nothing if you are even slightly at fault Washington, D.C. is one of the few places that uses a strict legal standard called “contributory negligence.” Under this traditional rule, if you share even 1% of the blame for an accident, you can be completely barred from recovering any compensation. For example, imagine a judge or jury decides you were just 5% responsible for a car crash. In this case, you collect nothing, that’s 0% of your total damages. This strict approach makes D.C. law much harsher than the comparative negligence rules most states use.

Real-world situations where fault arguments matter

The contributory negligence rule impacts everyday accidents throughout the district. Consider these common examples:
  • Someone rear-ends you during rush hour on Connecticut Avenue, but the insurance company claims you were following their car a bit too closely
  • A driver side-swipes your car while merging on I-395 but claims you accelerated into their blind spot.
  • You slip and fall in your apartment building because of poor lighting and the landlord argues you were looking at your phone while walking
  • Two cars bump into each other in a parking lot when both drivers back up at the same time
Each situation involves allegations of shared responsibility. Therefore, insurance companies will examine every detail to assign you even a tiny fraction of fault so they avoid paying you at all.

Using fault arguments to lower or eliminate your settlement

Insurance companies use aggressive tactics to shift blame onto you, even when their customer caused most of the harm. First, they review traffic camera footage. Next, they interview witnesses. Then, they examine your statements for anything that suggests fault. A simple comment like "I did not see them" can help them argue that you acted carelessly. Their goal stays clear: they want to assign you enough fault to completely deny your claim.

Protect your claim from the start

Taking immediate action strengthens your position and protects your right to fair compensation. Start by documenting everything at the scene with photos and videos. Next, get medical attention right away, even if your injuries seem minor. Also, avoid giving recorded statements to insurance adjusters without legal guidance. These early steps create a foundation that protects your interests when disputes about fault arise.

Getting the support you need makes all the difference

Moving to D.C. means learning new legal standards that can feel overwhelming after an injury. The contributory negligence system creates serious legal obstacles that insurers will use to defeat your claim. Consequently, partnering with experienced legal support early gives you the best chance to build a strong case and secure the compensation you deserve.]]> On Behalf of Futrovsky, Forster & Scherr, Chartered <![CDATA[What to do when insurance blames you for a motorcycle crash]]> https://www.futrovsky.com/?p=50972 2026-10-13T10:12:36Z 2026-10-13T10:12:36Z Why might an insurer argue you caused the crash? Insurers look at whether the rider or another driver caused or contributed to a crash. An adjuster may point to alleged speeding, lane positioning or other conduct to support a fault claim. However, an adjuster's position is not a legal finding of fault. Whether contributory negligence applies depends on what the evidence shows. The key question is whether the rider was negligent and whether that conduct contributed to your injury.

What evidence can help challenge a fault claim?

Strong records can help support your account when an insurer disputes liability. Gather evidence such as:
  • Crash-scene photos showing vehicle positions, road conditions and traffic signals
  • Police reports and witness contact information
  • Helmet-camera and available traffic-camera footage
  • Medical records documenting your injuries
  • Motorcycle damage and repair records
  • Damaged protective gear
Preserving this evidence can help counter claims about how the crash happened and whether your conduct caused it. Witness accounts can also provide details that may not appear in the police report.

How should you respond to an adjuster who blames you?

Avoid guessing about fault or making statements that could appear to admit fault. An insurer may later use your statements to assess the claim. Consider seeking legal guidance before giving a recorded statement. Preserve evidence right away and avoid posting about the crash on social media. If an adjuster disputes fault or pressures you to accept a settlement, get legal advice before signing a release. Do not settle until you know the full extent of your injuries and losses.

How can you protect your rights after a disputed motorcycle crash?

When an insurer blames you for a crash, the evidence can play a key role in the outcome. If you were injured in a motorcycle crash in Rockville or elsewhere in Montgomery County, consider speaking with a Maryland personal injury attorney. Legal counsel can help review the evidence and the insurer's position on fault.]]> On Behalf of Futrovsky, Forster & Scherr, Chartered <![CDATA[4 contract terms business owners should review before signing]]> https://www.futrovsky.com/?p=50888 2026-09-24T08:06:53Z 2026-09-24T08:06:53Z Essential terms to review before signing State laws govern how courts enforce contract terms. Because enforcement varies by location, Maryland business owners should evaluate the following four key clauses to control their legal exposure and financial risk before signing:
  • Limitation of liability clauses: These clauses limit how much a business may have to pay if something goes wrong. Owners should check the liability limit and understand which losses the contract covers. A contract without a clear limit could leave a business responsible for high costs.
  • Termination for convenience provisions: These provisions explain when and how a business can end a contract. Some agreements allow a business to end the contract without a specific reason. Others require a valid reason or advance notice. Reviewing these terms can help a business avoid being tied to a contract longer than expected.
  • Dispute resolution and venue selection terms: These clauses explain how and where the parties will handle a legal dispute. A contract may require the parties to use a specific court or arbitration. Business owners should understand these terms before signing, especially if the chosen location is outside Maryland.
  • Indemnification and hold-harmless provisions: These terms may require one party to cover certain losses or legal claims involving the other party. Owners should understand when these provisions could make the business responsible for another party's losses or claims.
Establishing clear, balanced contract language gives owners full control over their financial risks before any disputes arise.

Why reviewing Maryland contract terms matters

The terms of a contract can affect how the parties handle future business disputes. For this reason, involving a Maryland business attorney during the drafting stage can be helpful. An attorney can review the proposed terms, explain the company's legal risks and communicate with the other party's attorney. Getting legal advice early can help owners protect company revenues and negotiate fair contract terms before problems arise.  ]]> On Behalf of Futrovsky, Forster & Scherr, Chartered <![CDATA[When tree trimming injuries qualify for Maryland workers’ compensation]]> https://www.futrovsky.com/?p=50872 2026-09-09T16:30:02Z 2026-09-09T16:30:02Z Tree work turns dangerous fast Tree trimming involves ladders, ropes, heavy branches, power tools and uneven ground. A routine day can turn serious in seconds when a worker falls, a branch drops without warning or equipment slips during the job. Tree work also wears down the body over time. Shoulder, back and knee problems may worsen through repeated lifting, climbing and overhead cutting even without a single traumatic event.

Workers’ compensation covers more than emergency care

A claim often includes more than the first trip to the emergency room. Depending on what happened and how long recovery takes, workers’ compensation covers medical care, wage replacement and compensation for lasting physical harm. Benefits may include:
  • Treatment for emergency and follow-up care
  • Payment for time missed from work
  • Mileage or travel related to treatment
  • A permanent partial or total disability award based on medical findings
  • Death benefits for surviving family members in fatal cases
The medical evidence on file and the documented course of treatment determine which benefits apply.

Medical records and job details drive the claim

A work injury claim often relies on medical records, accident reports and details about how the harm happened. In this type of outdoor job, the case may also involve questions about equipment, training and job site conditions. Safety guidance on tree trimming hazards shows how quickly these jobs turn dangerous. A lawyer handling workers’ compensation matters can review the records, explain which benefits fit the medical proof and address disputes about what happened on the job or how serious the harm became.]]> On Behalf of Futrovsky, Forster & Scherr, Chartered <![CDATA[What proves emergency room misdiagnosis in Maryland hospitals?]]> https://www.futrovsky.com/?p=50870 2026-08-28T10:42:39Z 2026-08-28T10:42:39Z The speed of emergency medicine does not lower the standard of care in the ER Emergency rooms move quickly, but speed does not excuse negligent care. Doctors and nurses still must respond reasonably to symptoms that suggest a serious condition such as stroke, sepsis, internal bleeding or cardiac distress. Maryland courts apply the same standard-of-care analysis to ER cases that it applies to other medical settings. The emergency room may move faster, but that does not lower the legal standard. It only changes how the court looks at the facts in emergency room malpractice claims.

What evidence can support a misdiagnosis claim?

A strong claim usually depends on the visit timeline and the medical records. The key question is whether the staff missed warning signs, delayed testing or failed to act on results that should have changed the treatment plan. Relevant proof may include:
  • Triage notes and vital signs
  • Doctor and nursing records
  • Lab and imaging orders
  • Test result timing and documentation of when staff reviewed findings
  • Evidence of delays in diagnosis or treatment
These details matter because earlier recognition may have meaningfully changed the outcome.

Maryland usually requires expert support

Maryland medical malpractice claims usually require expert support, not just a family’s belief that the hospital made a mistake. The chart, the standard of care and the timing of any delay are central to how Maryland courts evaluate medical negligence claims. A medical malpractice attorney familiar with Maryland malpractice law can evaluate the records, identify whether expert support is necessary and explain what the claims process requires before the deadline to file passes.]]> On Behalf of Futrovsky, Forster & Scherr, Chartered <![CDATA[Does bad weather impact the other driver’s liability?]]> https://www.futrovsky.com/?p=50868 2026-08-17T06:40:41Z 2026-08-17T06:40:41Z Adjusting driving to hazardous weather Drivers must reduce their speed and increase their following distance when poor weather reduces visibility or traction. Remaining below the posted limit may not be enough when the surrounding hazards make that pace unsafe. Standing water, black ice or dense fog may require a motorist to slow considerably and leave more room to stop. If the other driver failed to make those changes before losing control, that conduct can support a finding that the motorist did not respond appropriately to the conditions.

Proving the other motorist's fault

Fault may also arise from driving decisions unrelated to speed or spacing. Changing lanes without checking for nearby traffic, turning across traffic without yielding or continuing when visibility is too limited to see the road ahead can show a lack of reasonable care. You must then connect the unsafe act to the collision and your resulting harm. For example, showing that the other vehicle moved into your lane moments before impact can link an improper lane change to the damage.

Addressing contributory negligence allegations

Maryland applies contributory negligence, which can prevent recovery when your own lack of care contributes to the crash, even if the other motorist was also negligent. In a weather-related claim, an insurer may examine your braking, tire condition and response to changing visibility to determine whether your conduct played a role. This defense requires more than an allegation that you made a poor choice. The evaluation should account for how quickly the danger developed, the time available and the options you had under the circumstances.

Preserving evidence after the crash

Details at the collision site are useful when separating the effects of a storm from a preventable driving error. Final vehicle positions, skid marks and debris patterns can clarify how the impact occurred, but they may change once the area is cleared. Police reports can document officer observations and statements from those involved, while official weather records provide context about precipitation, visibility and temperature. Speaking with witnesses soon after the crash may help record their recollections before details fade.]]> On Behalf of Futrovsky, Forster & Scherr, Chartered <![CDATA[What can a business do when its insurer underpays a claim?]]> https://www.futrovsky.com/?p=50865 2026-08-10T15:57:33Z 2026-08-10T15:57:33Z Your business files a claim after a fire, a burst pipe or a break-in, expecting the policy to cover the loss. Instead, the check that arrives falls thousands of dollars short of what repairs and lost income actually cost. A lowball payment can feel final, but it rarely is. Maryland law gives policyholders several ways to push back and pursue the full amount the policy promises.

Common reasons for an underpaid claim

Underpayment often starts with how the insurer values the loss. An adjuster may lean on outdated cost estimates, overlook hidden structural damage or apply depreciation more aggressively than the policy allows. Fights over what counts as covered business interruption are common too. Pinning down why the number came in low is your first step. It tells you whether the gap comes from a factual disagreement or a coverage question you can challenge.

The appraisal clause in many commercial policies

Most commercial property policies include an appraisal provision, a built-in tool for settling honest disagreements about the dollar value of a loss. Either side can demand appraisal, and each party hires its own appraiser. Those two appraisers then choose a neutral umpire, and any figure that two of the three agree on sets the amount  Appraisal settles disputes over how much the damage is worth, not whether the policy covers the loss at all. When the shortfall is large or coverage itself is in question, resolving a coverage dispute may call for steps beyond appraisal.

Maryland's good-faith duty for insurers

Maryland requires insurers to handle first-party claims in good faith, meaning decisions must rest on honesty and diligence, not guesswork. When an insurer breaks the policy and falls short of that standard, state law lets a policyholder pursue more than the unpaid balance. Before heading to court, though, you generally must go through the state complaint process with the Maryland Insurance Administration (MIA), the agency that regulates insurers here. If the review finds bad faith, a business may seek enhanced damages that can include litigation costs, reasonable attorney fees and interest on money the insurer withheld.

Your options after a lowball offer

The right response depends on the size of the gap and what your policy allows. A modest difference over the cost of repairs may suit appraisal, while a denial rooted in how the insurer read your coverage often points toward a legal claim. Deadlines apply to both routes. The sooner you compare the insurer's payment notice with the policy language, the more room you have to act. Solid records of the loss and every exchange with the adjuster give your business its strongest footing if the fight escalates.]]> On Behalf of Futrovsky, Forster & Scherr, Chartered <![CDATA[Fell from scaffolding in Maryland? Know your rights]]> https://www.futrovsky.com/?p=50862 2026-07-23T17:42:45Z 2026-07-23T17:42:45Z Your right to workers' compensation Maryland's workers' compensation system does not require you to prove fault. You can file a claim without showing your employer was responsible. Workers' compensation usually covers medical expenses, partial wage replacement while you recover, and compensation for permanent disabilities. To keep these benefits, notify your employer of your injury within 10 days and consider filing your own claim with the Maryland Workers' Compensation Commission if your employer delays. However, workers' compensation does not cover pain and suffering or full lost wages. This is where third-party claims become important.

Your right to sue third parties beyond workers' compensation

You may be able to sue other parties whose carelessness caused your fall. Third-party lawsuits can recover damages workers' compensation does not cover, including pain and suffering, full lost wages and loss of quality of life. Potential third parties include scaffolding manufacturers, general contractors, property owners and equipment rental companies. If defective equipment, unsafe conditions or poor supervision contributed to your fall, you may have a claim.

Why acting quickly protects your legal options

Time limits apply to both claims in Maryland. You have two years to file a workers' compensation claim and three years to file a personal injury lawsuit from the date of injury. Waiting can hurt your case. Evidence such as OSHA reports, witness statements and worksite conditions becomes harder to gather over time. Consulting with an attorney who handles construction injury cases can help you navigate workers' compensation, identify third-party claims and protect your right to full compensation.  ]]> On Behalf of Futrovsky, Forster & Scherr, Chartered <![CDATA[Why vendor agreements are more than just standard contracts]]> https://www.futrovsky.com/?p=50860 2026-07-16T14:27:10Z 2026-07-16T14:27:10Z A vendor agreement helps create a stronger working relationship A vendor agreement does more than document a business transaction. It defines each party's responsibilities and establishes expectations for how the relationship will operate. Clearly documenting the agreed terms helps reduce misunderstandings later. While every agreement is different, it is always worth taking the time to review key terms before signing the agreement.

Small contract details can have a big impact

When reviewing the agreement, it might be helpful to look at the details that can shape the relationship. Some important terms to review include:
  • The products and services the vendor is going to provide
  • Payment amounts, due dates and late payment terms
  • Quality standards and performance expectations
  • When and how one party can end the agreement
  • How disputes will be resolved
Reviewing the terms early can help avoid any confusion if situations change later.

Clear agreements can help reduce business disputes

A well-drafted vendor agreement is not about expecting the worst. It is about making sure that both parties start the business relationship with the same expectations. When there is clear documentation of roles and responsibilities from the start, it becomes easier to manage changes, resolve questions and keep the working relationship moving in the right direction. When one party questions the vendor agreement or has a disagreement that cannot be resolved through communication, understanding their legal options early can prevent business issues from becoming a costly dispute.]]> On Behalf of Futrovsky, Forster & Scherr, Chartered <![CDATA[How an understaffed nursing home puts your loved ones at risk]]> https://www.futrovsky.com/?p=50855 2026-06-24T13:41:05Z 2026-06-24T13:41:05Z Most people consider understaffing a simple human resources issue. On the contrary, it is a legal issue and nursing homes face severe consequences if they leave it unaddressed. If your loved one is a resident in a nursing home, learning this distinction will be a great help. 

What are the risks of understaffing in nursing homes?

Maryland law dictates that nursing homes have sufficient staff with them. While ignoring the rules can expose the facility to legal liabilities, the real problem lies in the dangers your loved one may face. Here are some problems understaffing may trigger:
  • If your loved one requires constant repositioning while in bed, negligence by the staff may result in advanced pressure ulcers. 
  • If your loved one requires bedside support, a lack of supervision can expose them to the risk of falling. 
  • In case your loved one has a memory or cognitive impairment, they are at a high risk of wandering off or eloping from the facility. 
  • A shortage of staff can sometimes lead to the spread of infections from one patient to another. 
These cases are the typical byproduct when facilities cut corners with a skeleton crew.

How can you protect your loved ones?

If you have a loved one in a nursing home, you must stay alert. One of the best ways to protect them is to make frequent visits. You can also check the facility's official inspection records, probe nurse staffing data online and constantly monitor the physical and mental health of your elderly family member.

What are the ways to report?

You do not have to wait for the complications to take place. At any time, you can file an official complaint regarding nursing home abuse and neglect with the MDH or contact a local long-term care ombudsman. Furthermore, you can pursue a civil personal injury claim against the facility to seek compensation and justice. ]]>