Author: Brent Hoffman

Sex Abuse in Maryland Juvenile Detention Centers: The Yost Legal Group Is Taking Cases for Survivors

Posted on by Brent Hoffman

If You Were Raped or Sexually Abused as a Minor in a Maryland Youth Detention Center, You May Have a Case

With the quickly approaching deadline to file a lawsuit against the Catholic Church and Archdiocese of Baltimore in Maryland for sexual abuse and assault committed by Catholic Church clergy members and Catholic school employees, we here at The Yost Legal Group wanted to take a moment to reassure survivors of childhood rape and sexual abuse that they are not on a deadline or time limit to file a lawsuit and pursue a claim.

If you are the survivor of childhood rape or sexual abuse in a Maryland juvenile or youth detention center, at this time, you have no deadline to file a claim against the facility (and state) that employed, harbored, and potentially protected your abuser. All over the state, survivors are coming forward to hold the facilities and the state responsible for their malfeasance.

The Yost Legal Group has experienced and compassionate childhood sexual abuse survivor attorneys who are ready to fight for your right to compensation and justice. If you are ready to tell your truth, we are here to listen. Call or text us today for a free consultation: 410-659-6800. 

Rape and sexual abuse are traumatic experiences that may be difficult to talk about. Some people wait years and even decades before they are ready to tell reveal the truth. We want you to know that you are not alone. Whenever you are ready to come forward is the correct time.

The act of sitting with the knowledge and memories of surviving a childhood sexual assault for years and even decades is so well studied at this point that there is a term for the phenomenon: “delayed disclosure.”

“Delayed disclosure” is the common phenomenon whereby a survivor of childhood rape or sexual assault waits an extended period of time before revealing to anyone the truth about their past experience.

Furthermore, as sexual assault is such a traumatic event, many people repress memories of the events and do not even consciously remember the abuse or abuses they survived.

With these two points in mind, it is not surprising that it often times takes decades for survivors to disclose their childhood abuse:

“While it may seem intuitive that a survivor would disclose abuse when it happened, data reveals a different reality. In a study of over 1,000 survivors, the average age at the time of reporting child sex abuse was about 52 years.”

What’s more, minors in juvenile detention centers are already an especially vulnerable subset of minors. They could be troubled teens. They could have behavioral disorders. Many children in youth detention centers come from troubled homes, if they even have a typical “home” from which to come.

Given their vulnerable status, it is not surprising they might not feel as though they have anyone in their corner to believe them and have their backs if they were to report being the victim of rape or sexual abuse.

The abusers who work in these facilities are well aware of the difficulties their children inmates face: behavioral health issues, isolation, mental health issues, psychological issues, and familial trauma. They are well aware and are put in a position of authority to take full advantage of their power.

We must prioritize the safety and wellbeing of all children, but especially of our most vulnerable children, teenagers, and young adults.

If you or a loved one is a survivor of childhood sexual abuse in a Maryland juvenile detention center, you may have a case. If you are ready to come forward, we are ready to fight for you. Call or text us today for a free consultation. There is no fee unless we win your case.

An important step toward protecting our most vulnerable and, at the very least, allowing survivors to seek the justice they deserve, happened in April 2023 when Maryland Governor Wes Moore signed the Child Victims Act into law.

In short, the Child Victims Act of Maryland eliminated the statute of limitations for reporting rape and sexual abuse that happed when one was a minor.

Previously, the statute of limitations only allowed a survivor of childhood sexual abuse to seek litigation against an abuser only up to 20 years after turning 18. But that simply was not enough time. As previously mentioned, 52 years old is the average age that a survivor discloses their childhood sexual abuse.

With the enactment of the new law, many Marylanders are coming forward to report surviving childhood rapes and sexual assaults in youth detention centers. By February 2024, The Associated Press reported there were already 200 victims alleging experiences of child sexual abuse in Maryland’s juvenile detention facilities.

You are not alone. Surviving such a terribly tragic event can feel alienating and isolating. But it is clear there are hundreds of people dealing with the same pain. It is truly tragic that anyone had to go through the trauma that these bad people put them through. However, people find power and strength in community, in shared experiences, in togetherness.

Similar to the Catholic Church’s and Archdiocese of Baltimore’s immense failings to protect its people, its children, it is clear that the state of Maryland has also failed for decades upon decades to protect one of its most vulnerable groups of people, those in juvenile and youth detention centers.

No matter the reason a child ended up in a youth detention center, it is inexcusable for the facilities and the state to have allowed such poor behavior to proceed at all, yet alone for so long.

The victims were just children. They have no way to consent. Furthermore, they were in the state’s care. There is no consent between a patient or inmate and a facility employee, especially not one with power such as a guard.

Survivors are never alone. Survivors are never at fault.

And now, people are seeking the justice they deserve.

 

The Yost Legal Group is working to help survivors of childhood sexual abuse in Maryland’s juvenile and youth detention centers. We will be running a series of posts highlighting several facilities over the coming weeks.

Maryland has an extensive list of juvenile detention centers (full list at link). While we are not going to specifically name each facility, we will name several in this blog post where there were known reports of childhood rape and sexual abuse.

Maryland Juvenile Detention Centers:

  • Alfred D. Noyes Children’s Center (closed)
  • Backbone Mountain Youth Center
  • Baltimore City Juvenile Justice Center
  • Charles H. Hickey, Jr. School (formerly: Maryland Training School for Boys)
  • Cheltenham Youth Detention Center (formerly: Boys’ Village of Maryland)
  • Eastern Shore Children’s Center
  • Garrett Children’s Center (closed)
  • Green Ridge Youth Center
  • Victor Cullen Center
  • Thomas J. S. Waxter Children’s Center (closed)
  • West Maryland Children Center

If you or a loved one experienced childhood rape or sexual abuse in a Maryland juvenile detention center, we are here to help you seek the justice you deserve. You are not alone. You are not at fault. If you are ready to talk, we are here to listen.

Again, this list is not exhaustive. There are many other facilities around the state of Maryland, functioning or otherwise. Even if you were abused in a now-defunct state-run youth detention center, you may pursue a claim.

We here at The Yost Legal Group are also aware that monetary compensation is not going to magically make everything better. Money will not make the pain and hurt go away. Money will not put abusers behind bars. Money will not make any lasting, traumatic memories fade.

However, it will hold these facilities and the state of Maryland accountable. And these consequences as hundreds or thousands of cases statewide move forward will hopefully keep the next child safe.

Also, keeping that reality in mind, we also help our clients seek therapy and other mental health treatments should they want it.

Call The Yost Legal Group today to speak with an experienced and compassionate attorney about your childhood sexual abuse claim from a Maryland juvenile detention center. All consultations are completely free and anonymous.

If you are ready to talk, we are here to help you seek the justice you deserve to hold Maryland accountable for turning a blind eye to decades of childhood sexual abuse within its facilities. Call or text today at 410.659.6800.

Deadline Against Archdiocese of Baltimore for Sexual Assault Is May 31: File Your Catholic Church Rape Lawsuits Before Deadline

Posted on by Brent Hoffman

In a move that surprised no one, the nation’s oldest Catholic diocese filed a bankruptcy petition two days before a statute of limitations waiver took effect. The bankruptcy filing immediately stopped lawsuits against the archdiocese itself.

In another move that was no surprise, U.S. Bankruptcy Judge Michelle M. Harner upheld the Archdiocese of Baltimore’s bankruptcy claim and gave rape and sexual assault survivors of the Catholic Church in Baltimore until May 31 to file.

If you or a loved one is the survivor of childhood rape or sexual abuse by a member of the Catholic Church or the Archdiocese of Baltimore, we are here to listen. You are not alone. Unfortunately, your chance to seek the justice you deserve is on a time limit because of the bankruptcy filing. Contact the compassionate sexual assault survivor lawyers at The Yost Legal Group for a free consultation.

Some plaintiffs’ attorneys had pressed forward with lawsuits against individual parishes and schools, but the judge’s order stopped those lawsuits, too. The protection extends to all entities on archdiocesan insurance. Church lawyers told the judge they want to make sure as much money as possible is available for survivors who file claims in the bankruptcy case. Without this protection, they said, individual cases in state court risk depleting the insurance money.

David Lorenz, the Maryland director of the Survivors Network of Those Abused by Priests, or SNAP, said he was disappointed to see the parishes, schools, and other church entities removed from the threat of lawsuits. Survivors of clergy sexual abuse and their attorneys have criticized diocesan bankruptcy as a tactic to limit payouts and protect church secrets.

Lorenz also took issue with a suggestion made by archdiocese lawyers that the new Child Victims Act forced the church into bankruptcy. “I want to make it absolutely clear. We’re not here because the CVA passed. That was righting the wrong in the legal system,” he said. “We’re here because people were abused, and the archdiocese enabled it.”

Deadline Against Archdiocese of Baltimore for Sexual Assault Is May 31

The Statute of Limitations

Contrary to popular myth, Maryland lawmakers did not eliminate the statute of limitations in organizational sex abuse cases. They simply codified the discovery rule, a legal doctrine that is valid in almost every state. In other words, the new law didn’t make a salad bar for organizational sex abuse survivors. It just lowered the salad bar’s price.

As one of our law professors said, you only get one trip to the salad bar of justice, at least in most cases. 

Assume Ben settles a truck crash case for $100,000. A few years later, doctors tell him he needs a hip replacement because his crash-related broken hip never fully healed. Ben is financially responsible for the hip replacement. The prior settlement resolved the matter once and for all. Therefore, survivors cannot settle cases until they are fully aware of all their damages. 

Additionally, survivors cannot settle cases until they identify the responsible party. Responsible parties in trauma injury claims are easy to identify. Responsible parties in occupational disease claims are hard to identify. As mentioned, stressful events cause PTSD. We all experience significant amounts of stress from various sources.

The discovery rule incorporates both these principles. Survivors usually have two years to file injury claims after they discover the full extent of their damages, and they connect those damages with a party’s misconduct.

This rule is complex, usually because there is a significant gap between recognition of the injury and identification of the party. 

Assume Mary took Drug X for six months. After she stopped taking it, the manufacturer added a liver damage warning. Mary almost immediately develops liver problems. However, she does not connect those liver problems with Drug X until she sees a TV documentary on the subject several years later.

Maryland’s SOL change eliminates these complexities, allowing a sex abuse lawyer to obtain a settlement quicker.

Compensation Available

Because of the aforementioned added betrayal element, organizational sexual abuse is very difficult to recover from. These survivors usually require years of therapy. Even then, they are often unable to hold jobs, mostly because they cannot trust anyone else to any degree. 

Broken bones usually heal. But broken spirits usually do not heal, at least not entirely. Therefore, these difficulties are lifelong.

So, quite frankly, these survivors need money to pay therapy bills and replace the income they lose. Compensation is available for all these economic, out-of-pocket losses if a sex abuse lawyer proves the current and future bills and losses were reasonable.

Compensation is also available for emotional distress and other noneconomic losses. Abusers took so much from sex abuse survivors that these survivors deserve to get a lot back.

Usually, almost immediately after a sex abuse lawyer files legal paperwork, the insurance company makes a token settlement offer. Many survivors are understandably tempted to take this low-ball offer. After all, at this point, most survivors just want to close the book on this part of their lives and move on.

Better evidence is usually available later, which means higher compensation is available as well. Many attorneys find “smoking guns,” like prior disciplinary records, during discovery. Such direct evidence greatly increases a claim’s settlement value.

The settlement value is more than money. Civil settlements also force the Catholic Church, and other organizations that tolerated sexual abuse, to accept responsibility for the harm they caused. These groups had chance after chance to do the right thing. Now, the lawyers must help sort things out.

Church Sexual Abuse Attorneys - Baltimore

Compassionate Sexual Assault Attorney’s Available on a No-Win, No-Fee Basis

The Archdiocese of Baltimore and the Catholic Church have gotten away with abhorrent behavior for far too long. There are many survivors and victims of bad people within the Archdiocese and Church. Survivors and family members deserve justice. The deadline is quickly approaching to file a claim against the Archdiocese of Baltimore.

Friday, May 31, 2024 is the last day you can file a claim against the Archdiocese of Baltimore if you are the survivor of childhood rape or sexual assault.

If you or a loved one was raped or sexually abused as a child by a member of the Archdiocese of Baltimore or Catholic Church in the state of Maryland, we are here to provide support. For a free consultation with an experienced sexual abuse survivor lawyer, contact The Yost Legal Group. We are available via e-mail, phone (1-800-YOST-LAW), and text (410-659-6800).

Allergan’s Defective Textured Breast Implants: A Brief Update on the BIA-ALCL Litigation

Posted on by Brent Hoffman

At this point, there is enough evidence to suggest a strong link between Allergan’s defective textured breast implants and breast implant-associated large cell lymphoma, a rare and aggressive form of non-Hodgkin’s lymphoma, as evidenced by the continued multi-district litigation with over 1,000 plaintiffs.

Usually, a combination of textured implants and a compromised immune system causes this form of lymphoma. Early symptoms include unexplained breast enlargement, asymmetry, unexplained skin rash, fluid buildup, or a lump in the armpit or breast.

Textured implants are the implants of choice for both reconstructive and cosmetic breast implant recipients. They are much more realistic than smooth implants. Furthermore, Allergan, the leading textured implant maker, insisted that its products are safer than smooth implants. In a way, that is true. Textured implants are less likely to leak or rupture than smooth implants. However, as outlined in this post, in another way, that is obviously untrue.

As of May 2023, over a thousand survivors have filed legal actions that are now pending in a New Jersey federal court. Allergan has not yet tendered a settlement offer, but most observers think it is just a matter of time until that happens. Survivors who partner with a personal injury attorney and show initiative go to the front of the line during the settlement disbursement process. So, to get the compensation they need and deserve, BIA-ALCL survivors should partner with attorneys sooner rather than later.

The Connection Between Allergan Textured Breast Implants and Cancer

One reason textured implants have less leakage is that these implants have deeper and larger divots than saline implants. This design more firmly secures the implant to the chest. However, the more invasive procedure often causes a scar tissue capsule to form around the implant. This soft capsule usually causes little or no discomfort. Therefore, survivors have no idea they’re at risk for BIA-ALCL. 

Lymphoma is not the only potential health concern. According to the Food and Drug Administration, the cancer cells that develop in the scar tissue could spread throughout the body and also cause other forms of cancer.

Treatment usually means a combination of surgery to remove the implant and affected tissue, as well as radiation and chemotherapy. If doctors aggressively treat this aggressive disease, it is usually manageable. However, not all BIA-ALCL survivors can tolerate such treatments.

As mentioned, these implants are common in reconstructive surgery. If the survivor has already survived breast cancer or another serious illness, aggressive cancer treatments are impossible.

Furthermore, these treatments are quite expensive, usually more than $10,000 per month. A group health insurance company might pay part of the cost. Only a personal injury attorney can obtain compensation for all these costs.

Incidentally, lymphoma is not the only risk. In addition to BIA-ALCL, these implant recipients also had greater incidences of seromas, or fluid pockets, compared to other implants. They also carried a greater risk of performance failure and pain.

Affected Products

In August 2022, the FDA said it had received over 1,000 textured breast implant health complaints. Over 80% of these reports involved an Allergan product, like:

  • Natrelle 410 Highly Cohesive Anatomically Shaped Silicone-Filled Breast Implants,
  • Natrelle Inspira Silicone-Filled Breast Implants,
  • Natrelle Saline Breast Implants,
  • Natrelle Silicone-Filled Breast Implants,
  • McGhan BioDimensional Silicone-Filled Biocell Textured Breast Implants,
  • McGhan Magna-Site Tissue Expander,
  • McGhan Style 134 Croissant Shaped Tissue Expander,
  • Natrelle 133 Plus Issue Expanders,
  • Natrelle 133 Tissue Expanders with and without suture tabs, and
  • Style 133 Biospan Tissue Expander.

This 2022 report is just a culmination of over a decade of official health warnings. The FDA first identified a possible association between breast implants and anaplastic large-cell lymphoma in 2011. But the agency said there were too few cases at the time to properly gauge the risk.

In 2016, the World Health Organization classified the disease as a type of T-cell lymphoma that developed after receiving breast implants. The next year, as a precursor to a recall, the FDA announced BIA-ALCL was primarily associated with textured implants.

The FDA held a public advisory committee meeting in March 2019 to discuss risks. Initially, the agency declined to recommend a recall. FDA bureaucrats only issue product recalls as a last resort. Then, new data in July 2019 showed a spike in BIA-ALCL cases. This data, which was too strong to ignore, finally led to the July 2019 Allergan textured implant recall.

Legal Issues

Allergan had plenty of chances to do the right thing and warn customers about the risk of BIA-ALCL and other health problems. When a company insists on selling a dangerous product and putting profits before people, a personal injury attorney must step in and file a failure to warn or other negligence action. These actions have four basic elements:

  • Duty: Manufacturers have a duty to promptly and properly warn customers about known product defects. A prompt warning would have been in 2011, not 2019. Furthermore, the warning must be proportional to the risk. Potential cancer is not a warning that can be buried in the fine print.
  • Breach: Usually, a personal injury attorney works with an industry insider to establish the standard of care, such as when the company should have added a warning and what that warning must look like. A shortfall in either area is a breach of duty.
  • Cause: This issue is probably holding up an Allergan settlement. As mentioned, non-Hodgkin’s lymphoma is related to a genetic abnormality. Company lawyers insist that this abnormality causes BIA-ALCL, and the Allergan implant is just a coincidence.
  • Damage: Compensation in a failure to warn claim usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages are available as well if the company intentionally disregarded a known risk.

Multidistrict litigation consolidation in New Jersey, which was mentioned above, adds another layer to an already complicated claim. MDL adds some additional procedural hurdles that most negligence claims do not have. So, unless a survivor has a very experienced personal injury attorney, the survivor must most likely settle for less.

Preparing for Your Free Consultation

Below are some questions that a personal injury attorney might ask during a defective textured breast implant consultation. If survivors have ready answers, the litigation process starts sooner.

Have you been diagnosed with breast implant-associated anaplastic large-cell lymphoma?

A current diagnosis is essential in a negligence claim. Note that BIA-ALCL is not the same as breast cancer. Instead, it is a type of non-Hodgkin lymphoma.

When did you have your breast implant surgery?

People filing lawsuits had their surgeries between 1998 and 2019. Contact your plastic surgeon who performed this procedure if you don’t remember the exact date of your surgery.

What brand of Allergan implants do you have?

Most women do not pay much attention to the make and model. Not all Allergan breast implants have been known to cause BIA-ALCL.

Has your specific model been recalled?

In July 2019, Allergan recalled its textured breast implants and tissue expanders. To find out if your breast implant or tissue expander was part of this recall, visit the FDA’s website or contact your surgeon.

Have you had your implants removed?

The FDA has not advised patients to remove their implants if they do not have symptoms of BIA-ALCL or another problem, but let your Allergan breast implant lawyer know if you have already had yours taken out.

Work With a Dedicated Personal Injury Lawyer

Injury victims are entitled to significant compensation. For a free consultation with an experienced personal injury lawyer, contact the Yost Legal Group. We do not charge upfront legal fees in these matters.

Update on Exactech Hip Replacement Recall Lawsuits

Posted on by Brent Hoffman

More and more patients are filing Exactech hip replacement recall lawsuits. Exactech is a global medical device company that creates orthopedic implant devices and surgical implants for joint replacement surgeries.

In June of 2021, Exactech issued recalls of its knee, hip, and ankle implant systems.

The recall cites defective packaging that caused the polyethylene inserts to oxidize and deteriorate rapidly. This deterioration ultimately leads to a premature failure of the device.

As a result of this premature device failure, thousands of patients who received hip, knee, and ankle replacement surgery required revision surgery or developed serious health issues, such as osteolysis.

Exactech Recall Fallout: Legal Battles Surge Over Implant Failures

Lawsuits have been filed against Exactech by victims seeking compensation for their past and future medical expenses and pain and suffering.

Due to the volume of cases filed, the lawsuits involving the recalled knee and ankle products were consolidated into a Multi-District Litigation (MDL) in October of 2022 in the Eastern District of New York.

Similarly, a number of recalled hip and ankle products filed in Florida remain consolidated in the Florida state courts.

Over a year later, over 850 lawsuits are pending in the MDL, and over 200 are pending in the Florida courts.

To avoid paying the injured patients what they truly deserve, Exactech chose early on to provide an upfront settlement option.

Don’t Settle for Less. Explore Your Options with Yost Legal Group!

If you or a loved one has undergone hip implant surgery, it is crucial to find out if your implant was an Exactech. This brand of medical device has been recalled.

If you had hip surgery and experienced hip surgery complications because of an Exactech product recall seek legal advice.

You may have received a letter from Broadspire informing you of the recall. Broadspire was hired to handle Exactech lawsuits to minimize financial payouts.

To protect your rights and ensure you receive the compensation you deserve, seek the guidance of an experienced hip replacement recall lawyer.

An experienced lawyer will be able to guide you through the legal process, ensuring that you understand your rights and options for seeking compensation.

It is important to note that companies like Broadspire are often hired by manufacturers to reduce their financial liability in lawsuits related to defective medical devices.

These companies may try to offer quick settlements that do not fully compensate victims for their injuries and losses.

By working with a dedicated hip replacement recall lawyer, you can protect yourself from being taken advantage of by these tactics.

Exactech has many recalls on defectively manufactured medical devices.

Visit the “US Exactech Recall Information” page on the Exactech website to see hundreds of recalled products. Exactech company has recalled so many products because they were defective and dangerous.

Orthopedic surgeons have performed total knee implants and total hip replacements to enhance patients’ quality of life. Then Exactech recalls their hip implants, and patients need a surgery revision.

Contacting an Exactech recall lawyer or a defective products lawyer can help guide you through the process of filing a hip replacement lawsuit. Understanding how to best protect your rights is important.

Patients Beware: Broadspire Settlements May Not Cover Full Extent of Damages

Exactech retained the services of Broadspire, a third-party settlement administrator and risk management firm, to handle the claims reimbursement process.

They are encouraging patients to file a claim with Broadspire and obtain reimbursement for their out-of-pocket medical expenses only.

Essentially, Broadspire is luring victims in by appealing to people’s desire for quick money without the need for a lawyer.

It is important to remember that Broadspire is a risk management company whose sole purpose is to protect the interests of Exactech. Broadspire will only reimburse for medical expenses paid that insurance did not cover.

This significantly reduces the amount of money Exactech will have to pay out. Lost wages, related medical bills, and non-economic damages, such as pain and suffering, are not part of the calculus.

Don’t Settle for Less, The True Cost of Filing with Broadspire for Exactech Claims

A settlement through Broadspire will NOT compensate an injured patient for their total damages.Submitting a claim through Broadspire could impact your legal options in the future against Exactech.

If you or a loved one has an Exactech hip or knee implant, we strongly advise you to speak with one of our product liability attorneys today.

Even if you received a settlement through Broadspire, call The Yost Legal Group. Learn about your legal rights and options for seeking additional financial compensation.

Call 1-800-YOST-LAW for a Free Exactech Claim Consultation!”

Call The Yost Legal Group at 1-800-YOST-LAW (1-800-967-8529) or email us at info@yostlaw.com today for a free consultation. Our defective product attorneys will help you file a hip replacement failure lawsuit.

This will not cost you anything upfront. We will do all the work, file all the legal documents, and fight to secure a fair financial settlement for you. You should know that we only get paid after we settle your lawsuit. If there is no settlement, there are no legal fees or expenses due.

There is no fee or expense unless you recover. Our law firm is representing injured patients in the United States with Exactech hip replacement implants and Exactech knees.

The Yost Legal Group has decades of experience handling defective product cases. We will support your fight for justice and hold Exactech accountable for their defective products.

Uber Sexual Assault Litigations Go Global

Posted on by Brent Hoffman

Last week, a group of Canadian lawyers filed a class-action lawsuit against Uber “on behalf of passengers that were sexually assaulted, assaulted, battered, raped, kidnapped, forcibly confined, stalked, harassed, otherwise attacked or subjected to other sexual misconduct by an Uber driver with whom they had been paired through the Uber App.” It is a comprehensive list of torts.

According to court documents, Uber became aware as early as 2014 about its drivers “physically and/or sexually assaulting and raping female passengers” but failed to implement meaningful safety measures that would help to avoid or mitigate such crimes.

Previously, the Canada Public Utilities Commission fined Uber $59 million because the company failed to report sexual assault and harassment incidents by their contracted driver. The fine was later reduced, and a settlement was reached in 2021, in which Uber agreed to pay $9 million toward safety-related initiatives.

In response, an Uber spokesperson said that safety was at the heart of their company and concerns. Their actions, however, suggest otherwise.

If you or a loved one was sexually assaulted in a Lyft, Uber, or other ride share and ready to come forward with your story, the compassionate sexual abuse survivor lawyers at The Yost Legal Group are here to listen and fight for the justice you deserve. We are available by phone or text at 410.659.6800. 

Legal Issues in Uber Sexual Assaults

According to the company’s own records, several thousand sexual assaults occur on Uber rides every year. In 2020, there were 998 Uber sexual assaults in the United States alone. The assault could be physical or non-physical. Both kinds of assaults usually cause serious injuries. More on that below.

Once again according to the company’s reports, the driver is the assailant in about half these cases. A passenger is the assailant in the other half. In the court of public opinion, Uber may be able to wash its hands of passenger-on-passenger sexual assaults. But civil court is different. Uber has a legal duty to provide a safe environment. The extent of this duty varies, mostly according to the relationship between Uber (the property owner) and the passenger (the guest), as follows:

  • Invitee: Paying riders are commercial invitees in Maryland and most other states. Paying riders have permission to be in the car and they benefit the owner financially. As a result, Uber has a duty to keep the invitee reasonably safe. This duty includes a responsibility to provide adequate security.
  • Licensee: Non-Paying passengers (guests of invitees) are probably licensees (permission, but no benefit) in Maryland. Therefore, the owner has a duty to warn the licensee about latent hazards (e.g. “Are you sure you’re okay?” or “Please be careful. The man sitting next to you is drunk”). Furthermore, the owner’s agent (which in this case is the driver) has a duty to stop sexual assaults once they start. Agents cannot sit and do nothing as the situation escalates.
  • Trespasser: Since Uber rides are prepaid, this category (no permission and no benefit) rarely applies in these cases. Most people who get into Ubers have already paid and have permission to enter the vehicle. Occasionally, however, people get into the wrong car. Since they’re trespassers, they aren’t entitled to legal protection.

The duty to provide adequate security begins at passenger pickup and ends at passenger drop-off. Drivers have a duty to pick up and drop off passengers at safe locations. Dark street corners may be convenient locations, but they aren’t safe.

After a driver-on-passenger assault, survivors may still be able to hold the company liable for damages, generally under one of the following theories:

  • Negligent Hiring: Uber demand has bounced back to pre-pandemic lockdown levels, but Uber supply has not increased as much. To get more drivers on the road, Uber often hands out contracts and does not ask too many questions. If an incompetent operator, such as a driver with prior customer service assaults, causes injury, the owner may be legally responsible for damages.
  • Negligent Supervision: Uber gives its drivers a lot of freedom and flexibility, mostly to attract drivers. But his freedom is not unlimited. If misconduct allegations arise, the company has a duty to promptly, thoroughly, and transparently investigate the matter. Furthermore, the discipline, if any, must be based solely on the outcome of that investigation. Uber cannot sweep problems under the rug.

These third-party liability theories do not change the fact that the driver is individually responsible for their behavior. These theories simply help compensate survivors.

This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages may be available as well, in some extreme cases.

Sexual Assault Injuries

These incidents cause deep emotional wounds that, in many cases, take decades to unravel. Sexual assaults, especially physical assaults, also cause immediate physical injuries, such as:

  • Head Injuries: Any blow to the head, no matter how slight, can cause a brain injury. The force of the motion, not the force of the blow, usually causes a brain injury. This motion causes the brain to violently slam against the inside of the skull. Head injuries are always permanent and often degenerative.
  • Trouble Breathing: A number of physical injuries, such as bruised ribs, a throat injury, broken ribs, or anxiety, could cause trouble breathing. This injury is especially common if the survivor has asthma or another pre-existing condition.
  • Superficial Wounds: These injuries include broken teeth, cuts, bites, bruises, and needle marks. These kinds of injuries also have high infection rates, which can lead to further injuries and difficulties.

We said these injuries were “immediate,” but that is not quite true. Many sexual assault physical injuries are latent for several days. If you are a sexual assault survivor, always ask a doctor to evaluate your physical condition.

Were You Sexually Assaulted by an Uber Driver? Call Now.

Uber is ultimately responsible for the sexual abuses committed by its contracted drivers on its app platform. If you or a loved one was sexually assaulted by an Uber drive, we are here to help. We are here to listen. We are here to get you the justice you deserve. For a free consultation with an experienced sexual abuse survivor lawyer, contact The Yost Legal Group. We are available via e-mail, phone (1-800-YOST-LAW), and text (410-659-6800).

Harmed by a Semi-Truck or Tractor Trailer? Call The Yost Legal Group

Posted on by Brent Hoffman

2020 was a landmark year for truck accident cases and for all the wrong reasons. Coronavirus lockdowns badly disrupted the supply chain. Furthermore, 2020 was the year the ongoing truck driver shortage moved from a concerning nuisance to a major crisis. Not coincidentally, semi-truck crashes have increased 26 percent since 2020.

Modern semi-trucks are also much heavier and faster than ever before. A fully loaded tractor-trailer weighs over 80,000 pounds. At the same time, engineering improvements mean these large trucks are no longer lumbering dinosaurs. Usually, they are just as fast as the other cars and trucks on the road. Fast, heavy vehicles usually cause extremely serious injuries. More on that below.

Semi-truck crashes are very complex, and not just because of the serious injuries they cause. Usually, the tortfeasor (negligent driver) resides in another state. Foreign residence creates jurisdictional and evidence issues. Therefore, only the most experienced truck accident lawyershould handle these claims. Less-experienced lawyers rarely obtain maximum compensation in these cases.

If you or a loved one was seriously harmed in an accident caused by a semi-truck or tractor trailer, call or text The Yost Legal Group today for a free consultation. There is no time to delay. And there is no fee or expense until you recover. You may reach us at 410.659.6800.

What Causes Truck Accidents?

Because of the aforementioned environment, fewer drivers must move more cargo from place to place at faster rates. When drivers push the envelope in this way, they frequently drive while impaired and/or drive aggressively.

Fatigue might be the most common kind of driver impairment among truckers. They stay behind the wheel as long as possible to make on-time deliveries. Furthermore, the Federal Motor Carrier Safety Administration has rolled back some HOS (hours of service) safety regulations. Watered-down laws usually lead to lax enforcement of existing rules. Inspectors reason that if top brass do not care about HOS, they should not care about it either.

Many people do not understand the severe effects of fatigue. Drowsiness clouds judgment abilities and impairs motor skills. In fact, driving after eighteen consecutive awake hours is like driving with a .05 BAC level. That is well above the legal BAC limit for commercial drivers in most states.

Quick shortcuts do not cure alcohol intoxication. Quick fixes, like drinking coffee or chewing gum, do not cure fatigue either. They simply help drivers feel more alert for a few minutes.

Drug impairment often overlaps with fatigue impairment. Over half of truckers admit they use amphetamines while they are behind the wheel. These drugs help drivers feel more alert. In fact, they work too well. Amphetamines usually make users suspicious and edgy, further impairing their judgment ability. Additionally, these users typically crash hard and fast when these drugs wear off.

Truckers often drive aggressively as well. “Aggressive driving” is a relative term. These drivers normally do not zig-zag among lanes or otherwise drive recklessly. But considering the size of their vehicles, they drive aggressively.

For example, a little speed makes a big difference. At 55mph, after drivers hit the brakes, most trucks move forward an additional 300 feet. At 65mph, the stopping distance more than doubles, to over 600 feet.

Aggressive driving and impaired driving usually breach the duty of care. If a breach of care causes injury, the tortfeasor is liable for damages. Negligence claims are based on evidence, an area we examine below.

Truck Crash Injuries

As mentioned, the number of truck crashes has shot up since 2020. The fatality rate has shot up as well. Common truck crash injuries include:

  • Head Injuries: Airbags reduce the number of impact-related head injuries. But they don’t affect the number of motion-related head injuries. When victims’ heads violently move forward during wrecks, their brains slam against the insides of their skulls, causing brain bleeding and swelling.
  • Severe Burns: Semi-trucks usually carry hundreds of gallons of highly flammable diesel fuel. This substance burns at a different temperature from ordinary gasoline. These extremely hot flames usually cause third or fourth-degree burns, and the smoke usually destroys lung tissue. These serious injuries are very expensive to treat.
  • Broken Bones: Frequently, truck crash victims are pinned underneath wrecked trucks until emergency responders cut them out of their vehicles. The intense weight usually crushes their bones, instead of simply breaking them. Doctors must treat these wounds much more aggressively, which means a higher bill and longer physical therapy.

Usually, a truck accident lawyer connects victims with top-shelf doctors who charge nothing upfront for their services.

Building a Case

Victims/plaintiffs must prove negligence by a preponderance of the evidence, or more likely than not. Therefore, proof is critical in these claims. 

Proof is also hard to come by. The tortfeasor’s driving record is usually an important bit of evidence in a truck crash claim. As mentioned above, most semi-truck tortfeasors come from out of state. It’s usually difficult, or impossible, to subpoena out-of-state government records and get them properly authenticated in court.

In response, an experienced truck crash lawyer often pulls a driver’s Safety Maintenance System report. The SMS report is like a multi-state driver’s license. It includes information about:

  • Prior safety citations
  • Crash records
  • HOS violations
  • Truck maintenance issues
  • Medical records

Some of those points require some additional clarification. SMS vehicle maintenance reports usually draw on law enforcement sources. So, if Amy gets a fix-it ticket and takes care of the problem, the matter will not show up in judicial records. But it will show up in law enforcement records.

Medical records indicate if a truck driver has sleep apnea. People with this condition do not sleep normally at night. Therefore, they wake up fatigued, even after a full night’s sleep.

Possible Defenses

Building a strong, evidence-based claim is the minimum effort in these situations. Minimal effort usually produces minimal results. Maximum compensation is only available if a truck accident lawyer anticipates and refutes common insurance company defenses.

Comparative fault almost always comes up in these cases. This two-part legal defense shifts blame for an accident from the tortfeasor to the victim. 

Part one is the same in all states. Insurance company lawyers must convince judges that the victim’s negligence, usually impairment or aggressive driving, might have substantially caused the wreck. If Chris was speeding 5mph over the limit at the time of the wreck, his speed, while excessive, probably did not substantially cause the wreck. If Chris was speeding 20mph over the limit, that is a reckless velocity.

Part two varies in different states. Usually, jurors must divide responsibility on a percentage basis, based on the evidence presented. Then, the court typically reduces the victim’s damages accordingly. 

Therefore, a successful case goes back to evidence. Strong evidence refutes comparative fault and other defenses, like last clear chance, ensuring maximum compensation.

Reach Out to a Dedicated Personal Injury Lawyer

Truck crashes usually cause serious injuries. It is the truck driver’s responsibility to be awake, aware, and alert while driving their enormous vehicles. And it is the truck company’s responsibility to hire the appropriate people and to make sure they are able to drive safely.

Too often, both parties fail in their duties, which can lead to significant injuries or even death, both of which have long-lasting effects for families.

For a free consultation with an experienced truck accident lawyer, contact The Yost Legal Group. There is never a fee unless you recover. We are available via e-mail, phone (1-800-YOST-LAW), and text (410-659-6800).

Culpable Catholic Church Criticizes Continued Investigation of Its Sexual Abuses

Posted on by Brent Hoffman

A Catholic Church advocacy group asked the Maryland Attorney General to stop digging into allegations that the Catholic Church tolerated child sex abuse for decades.

A year ago, the Maryland Office of the Attorney General released its scathing “Report on Child Sexual Abuse in the Archdiocese of Baltimore.” The Archdiocese of Baltimore has been on damage-control mode ever since.

The initial report had several names redacted. Some have been revealed through the tireless work of local Baltimore City and Maryland journalists. Though the Catholic Church has acknowledged this fact, its advocacy groups are still hoping to squash and lingering investigations. 

Survivors are not convinced. “There’s always the concern that even credibly accused people have been left off these lists,” said Terence McKiernan, president of BishopAccountability.org, which tracks clergy abuse nationwide. “Now, in Baltimore, we have confirmation that’s what was happening.”

If you or a loved one was sexually abused as a minor by a priest or other clergy member in the Catholic Church, your time to file suit is running out thanks to the Catholic Church’s bankruptcy filing. Call or text The Yost Legal Group today for a free consultation: 410.659.6800.

History of Sexual Abuse in the Catholic Church

Documented cases of sexual abuse in the Catholic Church date back to the Reformation era. Church leaders completely ignored the problem for about a hundred years. Then, in the 1940s, Father Gerald Fitzgerald founded the Congregation of the Servants of the Paraclete, a religious order that treats Roman Catholic priests struggling with sexual misconduct, substance abuse, and other taboo personal issues.

Fr. Fitzgerald was determined to help priests and air these issues. In a series of letters and reports starting in the 1950s, he warned high-ranking Catholic leaders of substantial problems with abusive priests. He discussed the problem with Pope Paul VI (1963–1978) and several powerful bishops. Perhaps even more importantly, he concluded that “[sexual abuse] offenders were unlikely to change and should not be returned to ministry.”

Despite these warnings, the Church continued to largely ignore the problem, although some leaders discussed the issue privately. These private conversations did not change the church’s official policy, which was to relocate offending priests and discredit survivors.

The issue moved into the public forum in the 1980s and 1990s. In 1992, Irish singer Sinead O’Connor tore a picture of Pope John Paul II on a Saturday Night Live episode.

But, instead of admitting the problem, the Church continued to push back. After extensively researching the issue, a Catholic priest reported that the frequency of pedophilia amongst the Catholic clergy is no higher than among the general population, and a Catholic priest is no more likely to be a pedophile than an average male. Indeed, as late as 2018, Pope Francis claimed that survivors fabricated their stories. 

He did a public about-face about a year later. Nevertheless, in 2021, the UN’s Office of the High Commissioner for Human Rights (OHCHR) criticized the Vatican, pointing to persistent allegations that the Catholic Church had obstructed and failed to cooperate with domestic judicial proceedings, with the intent of preventing accountability for abusers and compensation for victims.

Effects of Surviving Childhood Sexual Abuse

As the Church continued to deny the sexual abuse problem, victims continued to sustain serious injuries. The fact that, for many years, these victims did not know the cause of their suffering made their injuries even worse. These injuries have wide-ranging effects.

All Interpersonal Relationships

  • One of the most profound effects of child sexual abuse is the damaging impact it can have on the ability to form and maintain close, loving relationships ‒ both intimate and platonic. It can affect the relationships that victims and survivors have at the time of the sexual abuse and for the rest of their lives. They may find it difficult to talk to partners, family, and friends about the sexual abuse, preventing others from being able to help and offer support.

Intimate Relationships

  • Child sexual abuse survivors cannot form intimate and trusting relationships. Such relationships often remind survivors of the sexual abuse. Additionally, emotional barriers make it difficult to talk about sexual abuse with partners. Therefore, relationship partners often blame themselves for the issues.

“I’ve been embarrassed all my life over this. I’ve never, ever told any of my family. I told my wife last year, about sixty or seventy years later,” one survivor told an advocacy group.

Relationships with Siblings and Parents

  • Frequently, the sex abuse perpetrator was a family member, a “pillar” in the community, or a close friend of the family. Therefore, when young survivors share their experiences with loved ones, these people usually do not believe these survivors.
  • The damage is permanent. Many survivors never again feel comfortable sharing personal struggles with these family members. Furthermore, the rebuff causes deep denial.
  • “My mind had totally closed up. When I told my mother what happened, she slapped me and said it didn’t happen, so it didn’t happen.”
  • The deeper that denial becomes, the harder it is to peel away the layers. In Maryland, no matter how long this process takes, a trusted childhood sexual abuse survivor lawyer can obtain justice and compensation for survivors.

Relationships With Children and Grandchildren

  • Many survivors believe that the sexual abuse they suffered as a child means they will not be safe parents, or if their stories were public, others will consider them to be a danger to their own children. Some victims and survivors have talked about not being able to change diapers or even hug their own children.
  • So, if survivors do not deal with their injuries, those injuries become generational. If parents don’t show love, many children believe they are not loved, and they also believe that is the way they should behave as parents.

Your Rights in Childhood Sexual Abuse Claim Against Catholic Church

A common thread among all these injuries is that survivors often feel like their lives are out of control. A partnership with a Baltimore sex abuse lawyer and a civil claim restores some measure of control. Legal actions also stop the aforementioned generational injuries.

In many states, child sex abuse claims present significant procedural problems. As mentioned, many survivors go through years of therapy before they identify the responsible person. By this time, the statute of limitations has long passed.

Maryland lawmakers recently eliminated the SOL in these cases. So, no matter how long ago the abuse occurred, survivors are entitled to compensation for their economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. In most cases, these damages are retroactive to the date of injury. That’s the main reason sex abuse settlements are normally very large.

Some personal injury claims settle early in the process, sometimes before a Baltimore sex abuse lawyer files legal paperwork. 

Early settlements are uncommon and unfavorable in sex abuse cases. The Church usually fights these cases tooth and nail. Furthermore, if a case settles too early, the settlement amount might not reflect all possible future medical costs. In a sex abuse case, these costs are usually substantial.

So, most sex abuse cases settle late in the litigation process, during mediation. A third-party mediator supervises settlement negotiations and ensures that both sides negotiate in good faith. Largely because of this good faith negotiation duty, mediation works about 90% of the time. In other words, a good mediator can settle cases even if talks have stalled or broken down entirely.

Contact a Compassionate Sexual Abuse Survivor Lawyer

Sex abuse survivors need and deserve substantial compensation. For a free consultation with an experienced lawyer ready to fight against the Archdiocese of Baltimore and the Catholic Church, contact The Yost Legal Group today. Time to file a claim as a survivor of childhood sexual abuse is running out because of the Church’s bankruptcy filing.

We are available via e-mail, phone (1-800-YOST-LAW), and text (410-659-6800).

March Is Brain Injury Awareness Month: Why It’s Important to Hire an Experienced Traumatic Brain Injury Lawyer

Posted on by Brent Hoffman

Traumatic brain injuries are quiet killers. Aside from concussions in the NFL, there is not much media attention about the various kinds of brain injuries. Traumatic brain injuries send over 200,000 Americans to hospital emergency rooms every year. Because of the nature of brain injuries, many of these victims do not get the treatment they need at the ER. Furthermore, brain injuries often cause debilitating injuries slowly and over time. More on these things below.

Regardless of the specific cause, a brain injury is permanent. Dead brain cells do not regenerate. Depending upon the severity of the brain injury, the recovery process is long and slow, or it can be not at all.

For these reasons, we at The Yost Legal Group want to draw further attention to traumatic brain injuries and the people who survive with TBIs for Brain Injury Month.

If you or a loved one has been diagnosed with a traumatic brain injury after an accident or someone else’s negligence, you may have a case. Contact the compassionate TBI lawyers at The Yost Legal Group today: 410.659.6800.

Traumatic Brain Injury Causes: Car Crashes

Vehicle collisions are the leading non-combat-related cause of brain injuries because they combine all three underlying causes of brain injuries. 

Many witnesses state that car crashes sound like explosions. Such sudden, loud noises create shock waves that disrupt brain functions. Noise-related TBIs are the main reason many doctors call brain injuries the “signature injuries” of the Afghanistan and Iraq Wars.

Seat belts, airbags, and other safety innovations have reduced the number of collision-related head injuries. But they certainly have not eliminated the risk of such injuries. No safety system, no matter how advanced, could possibly absorb all the force in a high-speed truck wreck or other such collision.

A low-speed wreck could cause a brain injury. Violent motion causes the brain to slam against the skull. You can feel this effect even just shaking your head. Imagine the impact even a parking lot fender-bender could cause.

The duty of care requires motorists to avoid accidents whenever possible and always avoid dangerous driving behavior, like operator impairment (alcohol, fatigue) or aggressive driving (speeding, illegal turning).

Traumatic Brain Injury Causes: Slip and Falls and Work Injuries

A similar duty of care applies to most property owners. These individuals must take steps to ensure their invited guests are reasonably safe. Owner must address fall hazards, like ice on sidewalks. Owners must also provide adequate security and prevent foreseeable (predictable) third-party assaults.

Falls, like motor vehicle collisions, cause the brain to slam against the skull. Unlike vehicle collision survivors, fall survivors typically have no protective safety equipment.

Someone who might have safety equipment on while experiencing a slip and fall accident is a contractor or construction worker or utilities worker. Work-related injuries are another very common cause of TBIs. And just because one is wearing a helmet does not mean a concussion or worse is not possible.

Work-related injuries like falling or taking a blow to the head from heavy equipment or machinery tie together workman’s compensation claims as well as TBI claims.

Traumatic Brain Injury Awareness Month

To spotlight Brain Injury Awareness Month and support survivors, The Yost Legal Group will be running weekly blogs about traumatic brain injuries.

Negligence causes most brain injuries. “Negligence” is a legal term that considers the duty of care, as mentioned above, as well as any insurance company defenses. Comparative fault, in one form or another, is the most common such defense.

Basically, comparative fault, which is a common car crash defense, shifts blame from the tortfeasor to the survivor.

Assume Vicki was intoxicated when she hit Laura, who was speeding. Depending on the degree of operator impairment and aggressive driving, both drivers might be partially at fault. If, after a pretrial hearing, the judge concludes that both parties substantially contributed to the wreck, the jury must apportion fault between them on a percentage basis (50-50, 80-20, etc.).

Assumption of the risk is a subset of comparative fault that often applies in premises liability matters. If the survivor voluntarily assumed a known risk (e.g. ignoring a “Beware of Dog’” sign), the jury could reduce the owner’s fault, as outlined above.

There’s a difference between displaying a sign and voluntarily assuming a known risk. The defendant must prove the survivor saw the sign, could read the sign, and could understand what the sign meant.

Hire an Experienced Traumatic Brain Injury Lawyer

Brain injury claims are extremely complex. If you or a loved one recently experienced a traumatic brain injury due to someone else’s negligence, there is no time to delay in contacting a compassionate TBI lawyer who has experience winning traumatic brain injury cases.

For a free consultation with an experienced traumatic brain injury lawyer, contact The Yost Legal Group. There is never a fee unless you recover. We are available via e-mail, phone (1-800-YOST-LAW), and text (410-659-6800).

What You Should Know About Semi-Truck Crashes

Posted on by Brent Hoffman

2020 was a landmark year for truck accident cases and for all the wrong reasons. Coronavirus lockdowns badly disrupted the supply chain. Furthermore, 2020 was the year the ongoing truck driver shortage moved from a concerning nuisance to a major crisis. Not coincidentally, semi-truck crashes have increased 26 percent since 2020.

Modern semi-trucks are also much heavier and faster than ever before. A fully loaded tractor-trailer weighs over 80,000 pounds. At the same time, engineering improvements mean these large trucks are no longer lumbering dinosaurs. Usually, they are just as fast as the other cars and trucks on the road. Fast, heavy vehicles usually cause extremely serious injuries. More on that below.

Semi-truck crashes are very complex, and not just because of the serious injuries they cause. Usually, the tortfeasor (negligent driver) resides in another state. Foreign residence creates jurisdictional and evidence issues. Therefore, only the most experienced truck accident lawyer should handle these claims. Less-experienced lawyers rarely obtain maximum compensation in these cases.

What Causes Truck Accidents?

Because of the aforementioned environment, fewer drivers must move more cargo from place to place at faster rates. When drivers push the envelope in this way, they frequently drive while impaired and/or drive aggressively.

Fatigue might be the most common kind of driver impairment among truckers. They stay behind the wheel as long as possible to make on-time deliveries. Furthermore, the Federal Motor Carrier Safety Administration has rolled back some HOS (hours of service) safety regulations. Watered-down laws usually lead to lax enforcement of existing rules. Inspectors reason that if top brass does not care about HOS, they should not care about it either.

Many people do not understand the severe effects of fatigue. Drowsiness clouds judgment abilities and impairs motor skills. In fact, driving after eighteen consecutive awake hours is like driving with a .05 BAC level. That is well above the legal BAC limit for commercial drivers in most states.

Quick shortcuts do not cure alcohol intoxication. Quick fixes, like drinking coffee or chewing gum, do not cure fatigue either. They simply help drivers feel more alert for a few minutes.

Drug impairment often overlaps with fatigue impairment. Over a third of truckers admit they use amphetamines while they are behind the wheel. These drugs help drivers feel more alert. In fact, they work too well. Amphetamines usually make users suspicious and edgy, further impairing their judgment ability. Additionally, these users typically crash hard and fast when these drugs wear off.

Truckers often drive aggressively as well. “Aggressive driving” is a relative term. These drivers normally do not zig-zag among lanes or otherwise drive recklessly. But considering the size of their vehicles, they drive aggressively.

For example, a little speed makes a big difference. At 55mph, after drivers hit the brakes, most trucks move forward an additional 300 feet. At 65mph, the stopping distance more than doubles, to over 600 feet.

Aggressive driving and impaired driving usually breach the duty of care. If a breach of care causes injury, the tortfeasor is liable for damages. Negligence claims are based on evidence, an area we examine below.

Truck Crash Injuries

As mentioned, the number of truck crashes has shot up since 2020. The fatality rate has shot up as well. Common truck crash injuries include:

  • Head Injuries: Airbags reduce the number of impact-related head injuries. But they don’t affect the number of motion-related head injuries. When victims’ heads violently move forward during wrecks, their brains slam against the insides of their skulls, causing brain bleeding and swelling.
  • Severe Burns: Semi-trucks usually carry hundreds of gallons of highly flammable diesel fuel. This substance burns at a different temperature from ordinary gasoline. These extremely hot flames usually cause third or fourth-degree burns, and the smoke usually destroys lung tissue. These serious injuries are very expensive to treat.
  • Broken Bones: Frequently, truck crash victims are pinned underneath wrecked trucks until emergency responders cut them out of their vehicles. The intense weight usually crushes their bones, instead of simply breaking them. Doctors must treat these wounds much more aggressively, which means a higher bill and longer physical therapy.

Usually, a truck accident lawyer connects victims with top-shelf doctors who charge nothing upfront for their services.

Building a Case

Victims/plaintiffs must prove negligence by a preponderance of the evidence, or more likely than not. Therefore, proof is critical in these claims. 

Proof is also hard to come by. The tortfeasor’s driving record is usually an important bit of evidence in a truck crash claim. As mentioned above, most semi-truck tortfeasors come from out of state. It’s usually difficult, or impossible, to subpoena out-of-state government records and get them properly authenticated in court.

So a truck crash lawyer often pulls a driver’s Safety Maintenance System report. The SMS report is like a multi-state driver’s license. It includes information about:

  • Prior safety citations,
  • Crash record,
  • HOS violations,
  • Truck maintenance issues, and
  • Medical records.

Some of those points require some additional clarification. SMS vehicle maintenance reports usually draw on law enforcement sources. So, if Amy gets a fix-it ticket and takes care of the problem, the matter will not show up in judicial records. But it will show up in law enforcement records.

Medical records indicate if a truck driver has sleep apnea. People with this condition do not sleep normally at night. Therefore, they wake up fatigued, even after a full night’s sleep.

Possible Defenses

Building a strong, evidence-based claim is the minimum effort in these situations. Minimal effort usually produces minimal results. Maximum compensation is only available if a truck accident lawyer anticipates and refutes common insurance company defenses.

Comparative fault almost always comes up in these cases. This two-part legal defense shifts blame for an accident from the tortfeasor to the victim. 

Part one is the same in all states. Insurance company lawyers must convince judges that the victim’s negligence, usually impairment or aggressive driving, might have substantially caused the wreck. If Chris was speeding 5mph over the limit at the time of the wreck, his speed, while excessive, probably did not substantially cause the wreck. If Chris was speeding 20mph over the limit, that is a reckless velocity.

Part two varies in different states. Usually, jurors must divide responsibility on a percentage basis, based on the evidence presented. Then, the court typically reduces the victim’s damages accordingly. 

Therefore, a successful case goes back to evidence. Strong evidence refutes comparative fault and other defenses, like last clear chance, ensuring maximum compensation.

Reach Out to a Dedicated Personal Injury Lawyer

Truck crashes usually cause serious injuries to the pedestrians and other motorists on the road, not necessarily the truck driver themself. They have much more protection and bear a much larger share of road responsibility and safety when driving. Far too often, they fail at that task, which can leave a family broken. For a free consultation with an experienced truck accident lawyer, contact The Yost Legal Group today. We are available via e-mail, phone (1-800-YOST-LAW), and text (410-659-6800).

How Does Bankruptcy Affect Civil Cases?

Posted on by Brent Hoffman

Finance companies, mortgage companies, and other creditors will do almost anything to collect the money owed to them. Bankruptcy stops these lawsuits and gives distressed debtors an opportunity to restructure debts and/or work out payment plans. However, courts are very clear that bankruptcy is a shield, not a sword. Courts typically use this phrase in consumer bankruptcy abusive filing matters. But it applies in other areas as well, such as preemptive Chapter 11 corporate filings. 

Proactive and prepackaged Chapter 11s are a little more common today. The Los Angeles Dodgers filed for bankruptcy in 2011. The Dallas Stars and other professional sports teams have done similar things in recent years. Therefore, many organizations believe they can get away with preemptive bankruptcy. But there is a big difference between prepackaged and preemptive. Prepackaged bankruptcies are completely pre-arranged. Preemptive bankruptcies leave many things up in the air.

Debtors have rights. They file bankruptcy to protect those rights. Creditors have rights as well, especially if these creditors also happen to be injury victims. A sex abuse lawyer protects these rights, in both bankruptcy court and civil court. Organizational sex abuse survivors have already been victimized twice, by the individual abuser and by the organization that protected that abuser. We work hard to ensure survivors aren’t victimized a third time by the judicial system.

The Automatic Stay

Usually, Section 362 of the Bankruptcy Code takes effect before a judge even considers the merits of the bankruptcy, an issue that’s outlined below. The Automatic Stay blocks most creditor adverse actions. Adverse actions in consumer bankruptcies occasionally include lawsuits. Direct actions are more common, such as repossession and foreclosure.

Creditor lawsuits are much more common in Chapter 11 organizational restructuring bankruptcies. Indeed, most organizations file Chapter 11 because they face liability or other lawsuits.

In most jurisdictions, the bankruptcy judge could limit or cancel Section 362 relief for a number of reasons, such as:

  • Misuse: We touched on this area above. We can accurately predict what will happen tomorrow, but we don’t know what will happen tomorrow. The Automatic Stay protects debtors under financial duress. It arguably doesn’t apply to debtors who are afraid of financial duress in the future.
  • Multiple Filing: This point comes up frequently in consumer bankruptcy cases. Some debtors repeatedly file and voluntarily dismiss bankruptcy cases, using the Automatic Stay to frustrate creditors. Others use different names, such as Mike and Mike, LLC.
  • Fraud: As outlined below, only honest debtors are entitled to bankruptcy relief. Including inaccurate or misleading information in bankruptcy forms is fraudulent. The unclean hands doctrine often applies as well. If Mike cheated customers who are now filing lawsuits, Mike is probably on his own.

The Automatic Stay expires when the bankruptcy judge closes the case. However, in Chapter 11, lawsuit immunity may continue. The company that emerges from bankruptcy is a legally different entity from the one that filed.

Some people may remember the uproar over GM’s defective ignition switches in 2014. The controversy, along with some other factors, forced the automaker into Chapter 11 bankruptcy. After the judge closed that bankruptcy, GM’s lawyers argued that the “new GM” wasn’t legally responsible for injuries the “old GM” caused.

The “new GM” and defective ignition switch accident survivors eventually worked out a compromise. The company agreed to accept responsibility for some accidents.

Bankruptcy Eligibility

Since bankruptcy could wreak havoc on an injury claim, a sex abuse lawyer often attacks the organization’s eligibility to file. 

According to the Supreme Court, debtors who are honest, yet unfortunate, are entitled to bankruptcy protection. Arguably, Catholic Church dioceses fail all three parts of this test.

The simple definition of a “debtor” is a person or entity with more liabilities than assets. Many organizations have deficits, so they meet this basic definition. However, a bankruptcy debtor is usually a person or entity under financial duress. Most Catholic Church dioceses don’t meet that standard.

Furthermore, the Catholic Church has been far from honest in this area. According to an exhaustive Maryland Attorney General’s report, Catholic Churches in the mid-Atlantic region tolerated sexual abuse for decades, going back as far as the 1950s. Usually, officials quietly transferred abusers to other positions or allowed them to reign without penalty. Either way, sexual abuse victims were denied the compensation and justice they need and deserve.

Honest people and organizations own up to their mistakes. Dishonest people and organizations sweep these matters under the rug and hope they do not get caught.

In this context, “unfortunate” typically means an involuntary misfortune. Economic downturns either directly or indirectly cause organizational economic misfortune, at least in most cases. In this instance, the Catholic Church’s misfortune was entirely self-inflicted. Bankruptcy protects people from self-inflicted wounds, but not to this extent.

Options for Survivors

In the unlikely event that the judge allows the bankruptcy to move forward, organizational sex abuse survivors still have viable legal options.

The Automatic Stay only affects the lawsuit process. It does not affect the underlying claim. It certainly does not affect a survivor’s legal and financial rights. Therefore, all potential creditors, including organizational sex abuse survivors, may file a proof of claim in a bankruptcy case.

Basically, a proof of claim is a form that sets out the nature of the matter. Claimants should also attach supporting documents, like medical bills. 

Strict time deadlines apply in these situations, and the deadline varies. Usually, claimants have about sixty days to file a proof of claim. If they miss the deadline, and the judge does not dismiss the bankruptcy, they may lose their right to obtain compensation.

Compensation in a sex abuse case usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Normally, the bankrupt party objects to a proof of claim. Like most other civil claims, these disputes normally settle out of court.

Personal injury proof of claim resolutions normally include victim compensation funds. Judges order companies to set up these funds as a condition of bankruptcy, rather than dealing with many individual claims that assert the same basic legal arguments.

A sex abuse lawyer needs excellent negotiating skills to successfully resolve a VCF claim. These matters are not court supervised. Therefore, the Fund Administrator does not have a duty to negotiate in good faith. As a result, unless the survivor is willing to take a low-ball offer, these settlement talks are often lengthy.

Work With a Hard-Hitting Personal Injury Lawyer

Bankruptcy complicates sex abuse claims, but it does not derail them. For a free consultation with an experienced sexual abuse survivor attorney, contact The Yost Legal Group today. We are available via e-mail, phone (1-800-YOST-LAW), and text (410-659-6800).

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