You Have Been in an Automobile Accident, What Should You Do?

February 22nd, 2012

A car accident is not something you can ever predict; however if one does occur, you should know what to do immediately thereafter to reduce the severity of its repercussions. Neil Lanzi, P.A. has compiled step-by-step instructions of what to do immediately after getting into an accident. We hope it helps if that terrible moment ever does occur.

  1. If you can do so safely, pull your vehicle off to the side of the road out of harm’s way.
  2. Whether you are at fault or not, call 911 for help if you believe you, someone in your vehicle or someone in the other vehicle has been injured.
  3. Do not leave the scene of the accident.
  4. Do not volunteer any information to anyone. For example, do not state to the other driver, “I am so sorry, I was sending a text message.”
  5. Limit your immediate communications to medical care providers only.
  6. Exchange information with the other driver; vehicle registration, year, make and model.
  7. Obtain insurance information of the other driver, including company name and address, policy number, contact information for agent and/or claims.
  8. Obtain driver’s license information from the other driver.
  9. Seek immediate medical attention if you are injured (Medical claims lose credibility when medical attention is not obtained promptly and when needed after the accident).
  10. If you are able, take photographs from your phone of your vehicle and the other vehicle involved in the accident.
  11. Contact the law Office of J. Neil Lanzi, P.A. after you have received medical attention.
  12. Do not provide any statements to any insurance representatives (except for your own agent) and/or claims adjusters until you have contacted legal counsel.
  13. Once you are represented by counsel, let the attorney handle the claim and have no communication with the other driver or the other driver’s insurance company.
  14. Follow the instructions of your doctor and physical therapist. Keep all appointments (Missing appointments also hurts the credibility of the medical claim).
  15. Allow your counsel to process your medical bills through your personal injury protection (PIP) coverage on your auto policy rather than health insurance.
  16. Follow the advice of your legal counsel and upon completion of your medical treatment, counsel will attempt to resolve your claim with the at fault driver’s insurance company.

Please contact us for a more information or if you were recently in an automobile accident in Towson or the Baltimore area in Maryland.

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The Disabled Job Applicant

December 18th, 2011

Employers may be exposed to liability under the Americans With Disability Act (“ADA”) for failing to hire job applicants because of medical conditions that have no effect on job performance.  Most employers now realize the ADA was designed in part to prevent employers from firing employees due to disabilities. You have a disability under the ADA if you have a physical or mental impairment that substantially limits a major life activity such as hearing, seeing, speaking, walking, performing manual tasks, or breathing. The Federal Law has specific guidelines designed to help employers in the interviewing process.

The guidelines discuss the pre-offer and post-offer phases of the employment interview process. In the pre-offer phase, the employer may ask the prospective employee about his or her employment attendance record, qualifications, skills, education and whether they are able to perform the job with or without reasonable accommodations.  When applying, an employer may not ask the prospective employee if he or she is disabled or inquire as to the nature of the disability. An employee applicant may be asked to describe or demonstrate how he or she would be able to perform the duties of the job, whether with or without reasonable accommodations. Before a job offer is made, the employer may not require a prospective employee to take a medical examination.

Once a job has been offered, an employer may condition the offer on passing a medical examination. These exams are allowed so long as all employees entering the specific job category are required to pass the same tests.  If an employer withdraws the conditional job offer after a medical exam, the employer must establish that the reason for withdraw is job related and necessary for the conduct of the employer’s business.  An example of business necessity would include an applicant rejected for safety reasons whereby the employer determines the individual poses a “direct threat” to the safety or health of himself or others and the risk of injury cannot be reduced or overcome by reasonable accommodations.  An employer may not refuse to hire a prospective employee due to a disability if the applicant can perform the essential tasks of the job with a reasonable accommodation.

One of the goals of the Federal ADA is to allow people with obvious and hidden disabilities an equal chance of obtaining a job.

 

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What to Do About Your Neighbor’s Tree

November 29th, 2011

A commonly asked question by property owners is, “what rights do they have to protect their property from overhanging trees, plants and other debris from a neighboring property”.

In Maryland, reasonable self-help remedies are allowed to prevent injury to one’s property due to encroaching vegetation from a neighbor’s property. This means that a property owner has the right to cut back encroaching branches, vines and roots up to the property line, however, a property owner may not enter the adjoining property owner’s land to chop down a tree or cut back growth without the neighbor’s consent.

Maryland Courts have followed other states which refuse to impose liability for damages resulting from the natural dropping of leaves and other natural debris. Quite simply, state courts fear a flood of lawsuits if such liability was imposed on a neighboring land owner for natural processes. A property owner in Maryland must assume responsibility for the care and preservation of his own property.

 

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Naming a Legal Guardian

November 15th, 2011

In today’s extremely busy world, many parents delay the drafting and execution of their last Will and Testament. Besides the ability to direct and control the distribution of your assets after death, a Will may provide for the designation of a Guardian for your minor children. If you do not have a Will or have not designated a Guardian for your minor children, the State may appoint one for you if both parents are deceased. The results can be expensive and in most cases totally the opposite of what a parent intended for their children.

First, an expensive and drawn out court battle may ensue over custody of the children and the ultimate court appointed Guardian may not have been the person you would have chosen. The cost of the court proceedings may be taken from your Estate which results in less money for your children.

Second, management of the remaining assets of your Estate will be supervised by the court and paid to your child in a lump sum at the age of twenty-one. Wills which include Trusts for Children often delay the total distribution until the children are older and better able to handle a lump sum of money. To avoid the above scenario, a Will should be drafted which names a Guardian for your children. It is often wise to name a contingent or back-up Guardian in the event your initial choice for Guardian is not able to fulfill the responsibilities of Guardian.

 

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Independent Contractor vs. Employee

October 27th, 2011

Businesses today often hire independent contractors over employees, however, the distinction is often blurred and liability may result not only to a third party but also to the Internal Revenue Service.  In the event the Internal Revenue Service determines a worker is an employee and not an independent contractor, an employer may be charged with back payroll taxes, interest and penalties.

Once your company determines it will hire independent contractors, certain steps should be taken.  It should be clear on the job application that the position is for an independent contractor.  Next, all contracts should be in writing between the employer and the independent contractor.  The contract should specify that the relationship between the parties is that of an independent contractor.  Next, the relationship between the company and the independent contractor should be at arms length.  The worker should be paid by the job rather than hourly or weekly.

One of the main factors a court and/or the Internal Revenue Service uses to determine whether a worker is an independent contractor or an employee is the issue of control.  A company should make sure the independent contractor has the ability to determine how and when the work is to be performed.  The contractor should provide his or her own equipment and tools and be allowed to hire his or her own help.

When it becomes time for payment of the contractor, an invoice should be sent prior to paying for a specific job. Payments to a contractor should be kept separate from payments to employees.  Payroll taxes should be the responsibility of the contractor and not the employer.  An employer should not include a contractor under any company benefit plans, including Workers Compensation or Health Insurance.

Note:  The LAW LETTER is published by J. Neil Lanzi, P.A. for clients, friends and professional associates.  The information contained in this newsletter is intended to be general in nature.  Actual resolution of legal issues depends on many factors, including the facts of each case and federal, state or local law.  Competent professional advice should be obtained before any action is taken based on the information contained in the LAW LETTER.

 

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Maryland Auto Accidents Lawyer

August 24th, 2011

Maryland Auto Accidents

During the course of a lifetime, most people unfortunately become involved in an automobile accident or know of a family member or friend that was the victim of an accident.

You may have a valid negligence claim in the event you are injured as a result of an automobile accident caused by another driver who failed to exercise reasonable care. Under Maryland law, all persons driving motor vehicles have an affirmative duty to exercise reasonable care. When a driver fails to exercise reasonable care and an accident occurs, he or she has breached that duty and you, as the injured party, may be entitled to recover damages.

Your damages may include compensation for your pain and suffering and for various expenses incurred by you for treatment of your injuries, including the cost of hospital and emergency room treatment, physician visits, x-rays, MRI’s, prescription medicines, and physical therapy. You may also be entitled to compensation for wages lost due to time taken off from work to recover and for future wage losses. Fortunately, the money received from either the settlement of your claim or as a result of a judge or jury award is not considered income and is not taxable. Most personal injury lawsuits are settled by negotiation before trial.

In Maryland, you will not be able to recover damages if you are determined to be partly at fault. Most states still allow recovery even if you are partly at fault, however, Maryland totally bars a recovery in the event you are determined to be at fault in any way.

It is important to note that Maryland has a time limit for filing a personal injury lawsuit called the statute of limitations. A personal injury lawsuit must be filed within three years from the date of the automobile accident or you are forever barred from filing such a claim.

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Pharmaceutical Cases Newsflash – July 2011

July 1st, 2011

PHARMACEUTICAL CASES NEWSFLASH

The Law Office of J. Neil Lanzi, P.A. is associated with counsel who handles pharmaceutical cases involving drugs or medical devices that injure people. Currently, counsel is investigating or handling claims arising out of the use of the following medications or medical devices:

1) Accutane – Irritable Bowel Syndrome, stomach disorders;

2) Darvon\Darvocet – Heart issues, including, abnormal heartbeats or arrhythmias, heart attack, insertion of a pace maker or defribulator, ablation procedures, sudden death (all while taking Darvon or Darvocet or within 24 hours of taking the medication);

3) DePuy Hip implant, Johnson and Johnson recalled (due to infection, breakdown of the implant, metal in blood/or you have received a recall notice or letter);

4) Avandia – heart attack or stroke;

5) Zimmer Next Generation Knee Implants – implants loosen after surgery;

6) Zoloft – antidepressant, when taken during pregnancy can lead to heart issues followed by cleft palate or cleft lip

7) Topomax – anti-seizure medication, if taken while pregnant may result in child born with birth defects, including cleft palate or cleft lip;

8) Fosamax – female osteoporosis medication, if prescribed for more than two to two and a half years may attack bone structure resulting in spontaneous femur fractures, including transverse femur fractures, high in the leg or the development of stress fractures in the femur which are treated prophylactically with rodding, prior to fracture; and

9) Actos – diabetic medication, has been associated with bladder cancer

If you, your family member or friend has taken any of these medications or have been exposed to these devices and have developed any of the problems listed, or wish to have the matter checked out, please feel free to call my office for a free consultation with regard to the problem. We will be happy to investigate whether or not you have rights with respect to this pharmaceutical product or device based upon your use of the same as well as your current medical history.

As always, thank you for your consideration of my firm for these legal services.

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Year 2011 Comprehensive Zoning Process

May 3rd, 2011

COMPREHENSIVE ZONING PROCESS

Every four years in Baltimore County every property is eligible for a change in zoning whether it is classified as residential or commercial. The process is as follows.

First, there is an open filing period for the general public, community associations and the Baltimore County Office of Planning to file zoning change requests. This takes place between September 1 and October 14, 2011. The Baltimore County Planning Board and the Baltimore County Planning Director may then file additional zoning requests during the month of October 2011. Members of the Baltimore County Council may file additional zoning requests between November 1 and November 30, 2011.

All filings for zoning changes must be completed for the 2011-2012 comprehensive zoning process by November 30, 2011.

The second step in the process is the Baltimore County Office of Planning reviews all issues that have been filed. Preliminary recommendations on the zoning changes are published in a “log of issues” on the Baltimore County website. Public hearings are then scheduled and held before the Planning Board in March of 2012. After the public hearings on all filed issues, the Planning Board will hold work sessions open to the public. The Planning Board then votes and makes recommendations upon each issue by May 4, 2012.

Third, the Baltimore County Council holds public hearings during the month of June 2012 with subsequent reviews between July and August 2012. The ultimate vote on all issues will be held by the Baltimore County Council by September 16, 2012.

The public hearings for the Planning Board and County Council are typically held in high schools located in each Councilmanic District. Any interested citizen may speak for approximately two minutes after signing up at the beginning of the public hearing. There is absolutely no dialogue between the members of the Planning Board or County Council and the individual speaking.

It is important to note that the Baltimore County Office of Planning and County Council often attempt to “down zone” properties during the Comprehensive Zoning Map Process. This means that a commercially zoned property may be down zoned to allow a more restricted commercial use thus possibly affecting the property value. Residentially zoned land may also be “down zoned” to allow a lesser number of houses to be developed, therefore substantially reducing the value of the land.

If you or your community association are aware of an issue that may affect your business or neighborhood, now is the time to consider taking action. Members of the Baltimore County Planning Staff will review each petition filed for each Councilmanic District. Planning Staff and County Council members are often willing to meet with individual property owners and community associations to discuss the re-zoning issues. It is important for your views and the views of your community be made known to the Planning Office, Planning Board and County Council.

After representing various clients with re-zoning issues for the past twenty plus years. the law office of J. Neil Lanzi, P.A. can assist you with either filing a zoning petition or monitoring a zoning petition filed by others. It is recommended that you begin any inquiries regarding your property early in the process.

 

REMINDER TO ALL CLIENTS

The law firm of J. Neil Lanzi, P.A. handles personal injury cases (automobile, pedestrian, bicycle, motorcycle), general business (formation, LLC, sale), zoning, real estate and development, estate planning and probate.

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Estate Tax

March 17th, 2011

ESTATE TAX

After a one year delay, Congress finally passed new estate tax legislation. Effective for the years 2011 and 2012, the Federal Estate Tax and Generation Skipping Transfer tax Exclusion is Five Million Dollars.

In addition, a surviving spouse can shelter up to Ten Million Dollars from Federal Estate Tax due to the new “portability” rules. The maximum rate for the estate, gift and generation skipping tax is thirty-five percent (35%).

Unfortunately, the Maryland Estate Tax Exemption remains at One Million Dollars as it has for years. Unlike the Federal tax changes, there is no “portability” for spouses with the Maryland Estate Tax Exemption. Therefore a bypass trust can help preserve the Maryland exemption amount for both spouses.

REMINDER TO ALL CLIENTS

The law firm of J. Neil Lanzi, P.A. handles personal injury cases (automobile, pedestrian, bicycle, motorcycle), general business (formation, LLC, sale), zoning, real estate and development, estate planning and probate.

Disclaimer

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Pharmaceutical Case Newsflash March 2011

March 2nd, 2011

The Law Office of J. Neil Lanzi, P.A. is associated with counsel who handles pharmaceutical cases involving drugs or medical devices that injure people. Currently, counsel is investigating or handling claims arising out of the use of the following medications or medical devices:

1) Accutane – Irritable Bowel Syndrome, stomach disorders;

2) Darvon\Darvocet – Heart issues, including, abnormal heartbeats or arrhythmias, heart attack, insertion of a pace maker or defribulator, ablation procedures, sudden death (all while taking Darvon or Darvocet or within 24 hours of taking the medication);

3) DePuy Hip implant, Johnson and Johnson recalled (due to infection, breakdown of the implant, metal in blood/or you have received a recall notice or letter); and

4) Avandia – heart attack or stroke

If you, your family member or friend has taken any of these medications or have been exposed to these devices and have developed any of the problems listed, or wish to have the matter checked out, please feel free to call my office for a free consultation with regard to the problem. We will be happy to investigate whether or not you have rights with respect to this pharmaceutical product or device based upon your use of the same as well as your current medical history.

As always, thank you for your consideration of my firm for these legal services.

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