Author: Brent Hoffman

Electronic Evidence in Drowsy Truck Driver Cases

Posted on by Brent Hoffman

Recently, the Federal Motor Carrier Safety Administration (FMCSA) watered down some key hours of service (HOS) safety rules. For example, if truckers are caught in traffic or bad weather, they may now stay behind the wheel longer in order to make up time. Fatigue is a serious problem among truckers. Driving after 18 consecutive awake hours, which includes driving time and break time, is like driving with a .05 BAC level. That is above the legal limit for commercial drivers in Maryland and most other states.

On a related note, to combat the effects of fatigue, about half of truckers admit they take amphetamines while driving. These drugs temporarily make people feel more alert. But these drugs do not address the underlying problem associated with fatigue, like poor judgment and slow reactions. Additionally, when amphetamines wear off, users crash fast and hard.

Truck drivers have a very high duty of care. If they drive while fatigued, breach that duty, and cause injury to another motorist on the road, a Baltimore tractor trailer accident attorney can obtain substantial compensation in court.

This compensation 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 negligent truck driver and trucking company intentionally disregarded a known risk.

If you or a loved one has suffered a serious injury because of a negligent tractor trailer driver, call The Yost Legal Group today: 1-800-967-8529. There is no time to delay.

Electronic Logging Device

HOS rules have been around for ages. Until very recently, truckers would keep track of their hours in paper logbooks. Of course, these logs were easy to fake. Then, around 2010, the FMCSA floated the idea of an Electronic Logging Device (ELD) mandate.

These onboard computers automatically start and stop the HOS clock. Furthermore, the information in these gadgets is almost impossible to alter. For these reasons, trucking industry lawyers fought the ELD mandate all the way to the Supreme Court. But the mandate finally went into effect in 2017.

ELD information is also very accurate in court. If the gadget is working properly, a computer is never incorrect or biased. Furthermore, electronic evidence resonates well with tech-savvy jurors.

As mentioned, bureaucrats have changed HOS rules. So, extended HOS may be legal, but that does not mean it is safe. Truckers could violate the duty of care in civil court even if they did not break an HOS law and face prosecution in criminal court.

Expanded Trucking Technology

An event data recorder (EDR) is similar in many ways to the ELD. But instead of tracking hours of service, the onboard EDR measures and records operational data, such as:

  • Vehicle speed
  • Steering angle
  • Brake application
  • Engine RPM

An experienced personal injury lawyer, often in partnership with an accident reconstruction expert, puts these bits of evidence together like pieces of a jigsaw puzzle and clearly establishes that the trucker was negligent. Erratic driving before a wreck, especially at certain times of day or night, is almost proof positive of fatigue.

The time is important because most people are naturally drowsy at certain times of day or night, no matter how much sleep they had the night before. That is especially true if the negligent trucker slept in a strange motel bed or a sleeper berth instead of their own home bed.

Attorneys must act quickly to preserve electronic evidence. If the insurance company were to destroy a wrecked vehicle, which they often do, any physical evidence the vehicle contained would be gone along with it.

Typically, lawyers send equipment preservation letters to insurance companies so that, by law, no relevant evidence can be destroyed. A victim of an accident or their family is not going to have the resources alone to properly craft a preservation letter and send copies to the appropriate parties.

Proof is absolutely critical in negligence cases.

Experienced Truck Accident Victim Attorneys in Baltimore, Maryland

Injury victims are entitled to significant compensation. For a free consultation with an experienced truck accident lawyer in Baltimore, contact The Yost Legal Group (1-800-YOST-LAW). Virtual, home, and after-hours visits are available.

Common Physical Effects of Childhood Sexual Abuse on Women

Posted on by Brent Hoffman

Exact numbers are difficult to pinpoint, but as many as 40% of American children experience some form of sexual abuse. In a significant number of cases, children experience ongoing abuse, often at the hands of a parent, caregiver, or adult in a position of authority. The betrayal of trust, not to mention the act itself, causes severe psychological effects. The physical effects, some of which are outlined below, are equally as devastating.

Thanks to a recent change in the law, it is much easier for survivors of childhood sexual abuse to seek justice and receive compensation. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

More importantly, a legal claim forces negligent actors to face the consequences of the abusive actions they thought they had gotten away with. No one should ever have to endure sexual abuse. Holding individuals and the institutions that harbor abusers accountable for their actions is a way to help mitigate the proliferation of abuse against other innocent people.

If you or a loved one was sexually abused in an institution (church, detention facility, school, scouting organization, et cetera) or by someone who worked for some such institution, you are not alone. There are people ready to help you get the justice you deserve. If you are ready to talk, call The Yost Legal Group (1-800-YOST-LAW) for a free, confidential consultation with a compassionate Baltimore City sexual abuse survivor attorney.

Overall Physical and Sexual Effects

Sexual abuse during childhood often starts a downward spiral that ends with severe physical maladies like:

  • Chronic and diffuse pain, especially abdominal or pelvic pain
  • Lower pain threshold
  • Anxiety and depression
  • Self-neglect
  • Eating disorders have been attributed to childhood sexual abuse

The outcomes of these physical conditions are often life-threatening. Adults abused as children are four to five times more likely to abuse alcohol and illicit drugs. They are also twice as likely to smoke, be physically inactive, and be severely obese.

Sexual effects include disturbances of desire, arousal, and orgasm, mostly due to the physical pain that sexual abuse causes. 

Additionally, survivors are more likely to have contracted a sexually transmitted infection and engage in other risk-taking behaviors. People who have been sexually assaulted are also at a higher risk of contracting human immunodeficiency virus (HIV). Gynecologic problems later in life (including chronic pelvic pain, dyspareunia, vaginismus, and nonspecific vaginitis) are common diagnoses among survivors.

Other effects begin at an even younger age. Higher rates of early adolescent or unintended pregnancy and prostitution are also associated with sexual abuse survivors.

“An Abnormal Condition Resulting from a Previous Disease”

That is the definition of “sequela.” It is med-speak for an aggravation of a pre-existing condition. In the sexual abuse context, sequelae symptoms are common and varied. More extreme symptoms can be associated with abuse onset at an early age, extended or frequent abuse, incest by a parent, or use of force.

Common life events, like death, birth, marriage, or divorce, may trigger the return of symptoms for a childhood sexual abuse survivor. The primary aftereffects of childhood sexual abuse include the following:

A Baltimore sexual abuse lawyer can hold abusers legally responsible for sequelae under the eggshell skull rule.

You Are Not Alone—It Was Not Your Fault

The Yost Legal Group is working diligently to use the time we have to help childhood sexual abuse victims who are ready to come forward, speak their truths, and seek the justice they deserve. For a free, confidential consultation with an experienced sexual abuse survivor attorney in Baltimore, contact The Yost Legal Group today at 1-800-967-8529

Researchers Sound Alarm over Breast Implant-Related Lymphoma

Posted on by Brent Hoffman

As of late 2022, Allergen and other textured breast implants have caused hundreds of cases of breast implant-associated anaplastic large-cell lymphoma (BIA-ALCL) in the United States alone. So far, eight people have sadly lost their lives because of this cancer.

“BIA-ALCL is a heterogeneous disease that can involve the implant capsule, soft tissue, regional nodes but distant sites as well,” remarked Kelly K. Hunt, MD, of the University of Texas MD Anderson Cancer Center in Houston. She continued, “Complete capsulectomy is really important for local control and survival. Especially for patients who present with effusion, it is important to interrogate those and make sure the patient gets treated as early as possible because that can be curative.”

At the behest of the FDA, Allergen stopped selling the implants in question. However, the FDA did not advise women with these implants to have them surgically removed.

The Yost Legal Group is taking cases for people with Allergan breast implants and who want to get them removed for fear of developing BIA-ALCL. Removal surgery is mandatory. If you or a loved one has Allergan breast implants and wants to get them removed for fear of cancer, call us today: 1-800-967-8529 (1-800-YOST-LAW).

FDA Recalls

Once upon a time, the Food and Drug Administration (FDA) was an effective watchdog agency that ensured food, drugs, and other such consumer products were safe. Those days are gone. Now, it feels as though the corporations themselves control what they market and release.

The FDA no longer has the power to unilaterally recall dangerous products. It can only publicly pressure companies to voluntarily recall them. In some cases, it can order companies to beef up product warnings. Periodically, lawmakers introduce bills that would expand the FDA’s power in this area. Drug company lobbyists and their political allies quickly kill these bills.

So, for the foreseeable future, the present system will remain in place. This current system seems hopelessly broken.

The FDA is not an independent agency. Industry-paid user fees provide almost half of its budget. Rather understandably, these bureaucrats do not want to bite the hand that feeds them. Product recalls mean lower sales and fewer user fee payments.

Additionally, a psychological phenomenon known as “cognitive dissonance” often comes into play. Many people have a hard time admitting when they make mistakes. The FDA approves new products and issues safety recall notices. In a way, it seems like a conflict of interest.

If a previously approved product is found to be compromised, the same company that approved said product based upon its own research and findings is also the same company that has to claim it made errors and declare the product unsafe.

When bureaucrats do not protect you, the experienced defective breast implant attorneys at The Yost Legal Group must take up the mantle. Furthermore, only an attorney can obtain fair and proper compensation for victims. Product recalls do not do that.

Your Claim for Damages

To obtain this compensation, we have some options. Defective products and failure to warn are the two most common litigation avenues.

Usually, manufacturers are strictly liable for the injuries their defective products cause. The issue could be the following:

  • Design Defect: Allergan textured implants have many benefits, especially for women who have had mastectomies. But Allergan’s textured breast implants are designed to adhere to the inner tissue, which makes them appear more natural. In prioritizing this cosmetic feature, they failed to prioritize safety. The scar tissue at the incision site reacts to the textured implant. This is where the cancer forms. 
  • Manufacturing Defect: Frequently, companies use cheap, imported parts during the manufacturing process. These parts often come from countries that do not have strict product safety laws, which is the main reason they are so cheap. Manufacturers are responsible for product safety, no matter where the components come from.
  • Failure to War: Through their own continued research, companies can become aware of their defective products years, even decades, in advance of product recalls and mass tort litigations. In this case, they choose to hide or obfuscate or completely ignore the truth while people suffered and maybe even died.

Legal causation is usually hard to prove in these cases. However, there is ample evidence that points to the textured implant-lymphoma link. During these proceedings, manufacturers like Allergen call “experts” to the stand who convincingly testify that their product is safe.

But cause is a little easier to prove in a failure to warn case. Victims/plaintiffs must prove the company did not adequately warn people, not that the product caused the injury. However, these victims must also prove that the company was negligent or that it failed to use ordinary care.

Experienced Allergan Breast Implant Attorneys Are on the Job

If you or a loved one developed breast cancer after having Allergan breast implants, we want to help you get the justice you deserve. For a free consultation with an compassionate Allergan breast implant attorney, contact The Yost Legal Group today: 1-800-967-8529.

Jehovah’s Witnesses Sex Abuse Exposed

Posted on by Brent Hoffman

After a four-year investigation, a Pennsylvania grand jury recently indicted nine men on charges connected to long-term sexual abuse in the Jehovah’s Witness church.

Critics say church elders have treated child sexual abuse as a sin rather than a crime, carefully documenting cases in internal files, but not reporting allegations to authorities and sometimes letting the accused remain active in their congregations with access to children from unsuspecting families. Critics also say the church has often required a second witness for complaints, a standard that can be impossible to meet in cases of molestation.

Church spokesman Jarrod Lopes said otherwise — that the church does recognize abuse as a crime and that members have the right to report sexual assault to authorities. He said the second-witness rule applies only to internal church discipline and that elders comply with reporting laws, even when there is not a second witness. Evidence of Lopes’s claims is lacking.

Roots of the Problem

This religious cult focuses on using—though some might say “misusing”—Bible passages. For example, Deuteronomy 16:15 states that “One witness is not enough to convict anyone accused of any crime or offense they may have committed. A matter must be established by the testimony of two or three witnesses.” If a victim brought a charge and could not meet the two-witness rule, the church severely disciplined the complainant.

In 1997, the sect specifically extended this rule to sexual abuse cases. This letter also instructed church elders to keep any copy of any related transcript or report within the congregation’s confidential files and not to share it with anyone else, including law enforcement.

A 2022 update to the Jehovah’s Witnesses elder’s manual acknowledges that elders may be obligated to report allegations to secular authorities. But the policy does not encourage them to do so unless mandatory.

Most states, including Maryland, recognize the clergy-pertinent privilege, which exempts religious elders from any mandatory reporting requirement. However, this privilege does not apply in civil cases, meaning that an experienced Baltimore City sexual abuse survivor attorney can pursue damages in civil court.

Furthermore, several civil cases have uncovered widespread cover-ups of sexual abuse, not unlike the allegations contained in the Maryland Attorney General’s report about child sexual abuse in the Catholic Church.

Childhood sexual abuse often causes lifelong problems. Victims need substantial compensation to deal with the psychological trauma that may compound or create other issue. Criminal courts usually do not compensate victims for these losses. Only a Baltimore sexual abuse survivor lawyer can do that.

Your Claim for Damages

State lawmakers recently repealed the statute of limitations in childhood sexual abuse claims. The SOL, which cuts off a victim’s ability to obtain compensation after a certain number of years, often runs afoul of child sex abuse matters. For various reasons, which are all perfectly valid reasons, these victims often don not come forward for decades. Since this restriction no longer applies in these cases, the biggest procedural obstacle in these matters disappeared overnight. 

So, instead of worrying about procedural hurdles, an experienced Baltimore City sexual abuse survivor attorney can concentrate on proving negligence or a lack of care by focusing on the investigation.

Usually, churches have a duty of care to protect parishioners. Sexual abuse clearly violates that duty of care. Because of the church’s cover-up, there is ample proof that the Jehovah’s Witnesses knew about abusers in its ranks.

Damages in a sexual abuse or other personal injury case normally include compensation for economic losses, such as medical bills as well as noneconomic losses such as pain and suffering. Additional punitive damages may be available as well if there is clear and convincing evidence that the church intentionally disregarded a known risk.

These claims usually settle out of court. That is good news for survivors. These resolutions avoid the trauma and uncertainty of a trial. Survivors are able to keep their anonymity while still fighting for justice. They also wrap these cases up sooner and allow victims to move on with their lives sooner, which is usually the reason they file legal action.

Compassionate Sexual Abuse Attorneys Available When You Are Ready to Talk

We routinely handle sexual abuse cases throughout the Old Line State and take pride in help survivors get the justice they deserve. If you or a loved one is a survivor of sexual abuse, please remember this: You are not alone. They are not alone.

What’s more, you are entitled to significant compensation. For a free consultation with an experienced sexual abuse survivor attorney in Baltimore, contact The Yost Legal Group: 1-800-967-8529.

Sexual Abuse and the Five Post-Traumatic Stress Disorder Responses

Posted on by Brent Hoffman

Sexual abuse survivors, as well as people who witness these activities, often develop post-traumatic stress disorder (PTSD). Contrary to popular belief, PTSD is not a processing disorder that randomly affects some victims and leaves others untouched. Instead, PTSD is a stress-related brain injury. Extreme stress enlarges the amygdala and squeezes out the cerebral cortex. The amygdala controls emotional responses, and the cerebral cortex controls logical responses. The resulting imbalance causes symptoms like anger, depression, nightmares, and hypervigilance—all reasonable responses for someone who has been attacked.

This brain injury, like most others, is permanent. Therefore, PTSD victims usually need medication and therapy for the rest of their lives. Additionally, the symptoms, even if somewhat manageable, can make it almost impossible for people to function on a day-to-day basis. Survivors deserve compensation to help mitigate the financial stress caused by treatment compounding the stress of the instigating event. Below, we will highlight the five types of PTSD.

If you or a loved one was sexually abused as a minor, call the compassionate sexual abuse attorneys at The Yost Legal Group for a free, confidential consultation: 1-800-967-8529. You are not alone.

Normal Stress Response (NSR)

Secondhand witnesses, such as family members of abuse survivors or survivors of the same offender, often develop NSR. Basically, these victims have some trouble functioning when something like sexual abuse invades their lives. These victims normally do not need medication or therapy. Instead, they just need someone to talk to, especially on a bad day.

Acute Stress Disorder (ASD)

Normally, ASD is a precursor to PTSD. If doctors and therapists quickly intervene, ASD may not progress to PTSD. But that requires a lot of foresight and proaction. NSR and ASD symptoms are almost identical. Only a very good doctor can tell the difference and get ahead of the problem.

PTSD medications often keep the brain’s chemical-imbalance response from getting worse. That means these drugs can be very powerful, which can lead to strong side effects. Sometimes, people find they cannot handle the prescribed dosage. PTSD therapy is often hit-and-miss. Not everyone responds to individual and group therapy in the same way.

Uncomplicated PTSD

Unfortunately, this name is quite misleading. “Uncomplicated” does not mean the PTSD is easy to treat. Instead, it means PTSD caused by a single event that is not compounded by other mental health conditions such as depression.

Uncomplicated PTSD is one of the more commonly diagnosed disorders and is highly responsive to therapies. At this stage, the drugs are stronger, and therapy is more intense. Some doctors use experimental drug treatments like MDMA (ecstasy or molly) to treat uncomplicated PTSD. Such drugs have shown some promise, but they are by no means a proven method. As for therapy, these victims usually need more and longer sessions.

Complex PTSD

Childhood sexual abuse is often ongoing. For example, according to the recent Attorney General report, Catholic churches and schools in Maryland often allowed predators to abuse children for as long as multiple decades.

The resulting PTSD is much more deeply rooted as the trauma was repeated over and over for months or even years. As a result, the symptoms are much worse. They usually include suicidal thoughts and fits of extreme rage. Survivors often need hospitalization so they do not harm themselves or others. People with complex PTSD often need more individualized and specialized medical and therapeutic treatments from their doctors.

Co-Morbid PTSD

Many victims self-medicate with alcohol or drugs to ease extreme PTSD symptoms. This approach often works for a while, which encourages these patients to stay on this destructive path. As their bodies become tolerant to drugs and alcohol, they need ever-increasing amounts to obtain the same effect.

By the time these victims reach out to doctors, the doctor must treat not only an advanced case of PTSD, but also an advanced case of substance abuse.

Contact a Compassionate Sexual Abuse Survivor Attorney Today

If you or a loved one is a sexual assault survivor, you or they are entitled to significant compensation. For a free consultation with an experienced sex abuse survivor lawyer in Baltimore, contact The Yost Legal Group: 1-800-967-8529. Remember, you are not alone. We will help you get the justice you deserve.

“Why Should I Retain The Yost Legal Group for My Personal Injury Claim?”

Posted on by Brent Hoffman

If you live in Maryland, more money might be the best reason to hire a Baltimore-based personal injury attorney to handle your case. Victims with attorneys get over three times more money than victims without attorneys.

For starters, an attorney is a good legal advocate. A great attorney is the best legal advocate. With that, there is little chance a judge will throw out a case on procedural grounds, and the insurance company is not guaranteed a win at trial. Additionally, lawyers are good negotiators. Negotiating is an important skill when dealing with legal matters. Most injury and civil claims settle out of court.

Injury cases are complex, and not just any lawyer can handle them. With The Yost Legal Group, you are retaining an experienced, dedicated, and accessible attorney. What’s more, our lawyers devote their time to upholding the rights of our clients.

If you or a loved one is in need of a compassionate attorney for your personal injury claim (dog bite, motor vehicle accident, slip and fall, or traumatic brain injury), call The Yost Legal Group today to retain an experienced attorney: 1-800-967-8529.

Accident-Related Expenses

Most car crash victims face staggering medical bills. In the United States, hospitalization costs a whopping $3,000 per day. Many accident victims must undergo multiple surgical procedures, so long hospital stays are the norm. And then the bills keep coming, and they do not stop coming. After all, surgeons, maintenance doctors, and physical therapists do not work for free.

“But what about property damages?” you might ask. Well, expenses for property damage are often almost as high as medical bills. Many new cars cost more than $50,000. Additionally, an item like a family car might have an emotional value on top of its financial value.

Our experienced team is able to connect our clients with accident-related providers, like doctors and mechanics, who charge nothing upfront for their services. That way, victims get the care and treatment they actually need as opposed to the services they can actually afford at the time.

Additionally, we are often able to negotiate with providers and convince them to slash their bills. That could mean the victim keeps more settlement money due to Maryland’s complex collateral source rule.

Responsibility

Fundamentally, however, a personal injury case is not about money. Instead, it is about forcing negligent actors to take responsibility for their mistakes. In a perfect world, people would immediately step forward and do the right thing. Unfortunately, we do not live in a perfect world.

In this world, negligent actors are able to hide behind their own attorneys and insurance companies, and insurance companies hide behind legal loopholes. The Yost Legal Group’s experienced and compassionate lawyers cut through the minutiae and force these bad actors to face the consequences of their actions.

Severely hurt in a fall, accident, or by the negligent actions of another person? Call The Yost Legal Group today for a free consultation: 1-800-967-8529.

Solid Legal Advice

The road to fair compensation is often long and bumpy. During this long process, we will give you solid legal advice and the attention and care you deserve.

People without lawyers have a very hard time navigating through the oftentimes complicated and circuitous legal process. That is especially true if they are still recovering from a serious injury. Additionally, victims without lawyers cannot tell if an offer is fair or not. 

Instead, they must feel their way through the dark. As a result, there is a good chance they will be victimized again. That is a situation we simply cannot tolerate.

Connect with a Dedicated Personal Injury Lawyer

Injury victims are entitled to significant compensation. For a free consultation with an experienced personal injury lawyer in Baltimore, contact The Yost Legal Group today: 1-800-967-8529. Time is often of the essence, so there is no time to delay.

Introducing The Yost Legal Group Privacy Policy

Posted on by Brent Hoffman

Valuing Your Data Privacy and Protection for Over 30 Years

The Yost Legal Group has been in operation, serving the people of Maryland and around the world, for over 30 years. With tens of thousands of past and current clients, we have been a respected and trusted law firm right here in Baltimore City, Maryland the entire time. And while we have always respected our clients’ and prospective clients’ privacy and treated their data with the utmost care, we believe it is now time to put our practice in words.

To that end, we are launching The Yost Legal Group Privacy Policy, which you can find on our website under the “Home” tab.

If you have any questions about our Privacy Policy or any of our current litigations, you may reach us online, by chat, or at 1-800-967-8529.

 

The Yost Legal Group Privacy Policy

We Do Not Sell Any Data We Collect

The Yost Legal Group cares about your privacy. Given the deluge of data leaks and bad actors, people are understandably concerned about their data and privacy. We do everything in our power to protect the information you provide to us during your consultations and cases.

Collection of Information

As most websites do, we collect information about our visitors. However, unlike most websites, we do not do much with that data, at least not historically.

Mostly, we just monitor who is coming to our site for customer tracking. For example, we collect IP address, page visits, and origin links. Every website checking their traffic has access to these tracking tools.

Additionally, our website contains HTTP cookies, which your web browser stores so that our server can recognize your anonymized data when you return to our site.

This allows us the ability to keep track of repeat visitors. And it allows your system to store data from our website, which speeds up your browsing experience as you access our webpages.

You can stop websites from tracking cookies or delete cookie data after each session by adjusting the privacy settings in your web browser.

Use of Your Information

We DO NOT sell our prospective clients’ data. But if you contact us about a case that we do not handle or can no longer handle, we may forward your information to a firm that does handle that type of case because our goal is to find you the help that you deserve.

Sometimes, we co-counsel with cases, allowing another firm to take the lead. But in many cases involving non-injury-related claims, we just forward the information to a lawyer who can best handle your case.

The only other reason to disclose information is to comply with any legal or governmental request.

Our Website Is Like Every Other: Not Guaranteed to Be 100% Secure

You should know that any information sent to us is not guaranteed to be secure. We believe data privacy and security to be of the utmost importance. To that end, we employ and implement strong safety measures for how and where we secure our data.

However, bad actors are always on the move. We are doing our best to stay ahead of those individuals and organizations.

Any information provided to us is at your own risk.

Sending Information Does Not Form an Attorney-Client Relationship

Unless you have signed a retainer agreement with us, we are not your attorneys. No information provided here makes us your attorneys.

You Are Free to Unsubscribe at Any Time

When you contact us and leave us your e-mail address, we may attempt to reach out to you in the future regarding new or existing litigations. 

Sometimes, laws change and provide an opportunity for someone to bring a case that wasn’t previously viable.

If that were to happen, we may go back through our records and reach out to you to let you know that your legal rights may have changed.

Additionally, we may send an e-mail blast to our former clients and prospective clients about legal moves that may affect them. This is done infrequently.

If at any time you feel that you no longer wish to receive an e-mail from our law firm, you may unsubscribe. There will be a link at the bottom of every infrequent blast e-mail sent that you will be able to click on to unsubscribe immediately.

Top-Five Reasons Childhood Sexual Abuse Survivors Do Not Immediately Come Forward

Posted on by Brent Hoffman

Delayed reporting of childhood sexual abuse is extremely common. Researchers have known this for years. Unfortunately, the law does not keep up with science very well. In recent years, several states have altered their respective statute of limitations laws in favor of survivors, including Maryland. A statute of limitations (SOL) limits a victim’s right to obtain compensation after a certain amount of time passes. With Maryland’s re-worked SOL for childhood sexual abuse survivors, people are virtually guaranteed a day in court, no matter how much time has passed.

Lawmakers have opened the courthouse door for childhood sexual assault victims, but only a good Baltimore childhood sexual abuse survivor attorney can help victims capitalize on this rare opportunity.

If you or a loved one was sexually abused as a minor, call the compassionate sexual abuse attorneys at The Yost Legal Group for a free, confidential consultation: 1-800-967-8529.

For years—maybe decades for some—survivors have had to spend thousands of dollars on medications and therapies just to get the healing process started. Now, reimbursement is available for prior and future medical expenses. Perhaps, even more importantly, the institutions that allowed, harbored, and turned a blind eye to the abuse must now answer for their misconduct.

Remember, you are not alone. It is not your fault. And it is okay if you have not come forward with your truth. The mind is a powerful thing, and it can be difficult to speak up about surviving sexual assault. Here are the top-five reasons survivors might not immediately report abuse:

Shame

Overall, shame is a deep feeling about being exposed and unworthy. When we feel ashamed, we want to hide. We hang our heads, stoop our shoulders, and curve inward as if trying to make ourselves invisible. Ashamed people do not publicize their shame.

Specifically, sexual abuse can leave survivors feeling defiled, spoiled, violated. What’s more, shame can be so strong that, in many cases, victims blame themselves for the incident and assume they must have done something wrong—they absolutely did not. Shame can be especially bad in same-sex abuse cases.

Fear

Abusers who have authority over sexual abuse survivors often directly or indirectly threaten reprisal if they tell anyone about the assault. To an adult, these kinds of empty threats could mean nothing. But to a child, these threats could mean everything and seem much more real.

Also, many survivors do not immediately come forward because they fear they will not be believed. Until very recently, they had good reason to feel this way. Survivors’ accounts are often scrutinized to the point of exhaustion. In high-profile cases, people are often labeled “opportunists” and “liars,” are blamed for their own victimization, and are punished for speaking up.

Denial

Compartmentalization and denial are the next logical step from fear. To ease their guilt, their shame and fear, sexual abuse survivors will convince themselves that the incident was “not that bad” or that it did not even happen. Once that happens, in the survivor’s mind, there’s nothing to report.

Often, denial involves making excuses for the abuser, such as “Maybe they couldn’t help it,” or “Maybe they didn’t realize what he did was wrong.”

If you or a loved one was sexually abused as a minor, call the compassionate sexual abuse attorneys at The Yost Legal Group for a free, confidential consultation: 1-800-967-8529.

Low Self-Esteem

The three preceding effects can combine to drastically lower a survivor’s self-esteem. They do not value or respect their own bodies or their own integrity, so if someone violated them, they downplay it as if it did not matter. Even the most confident children cannot sustain their sense of confidence if they are sexually violated. They can feel so much shame that it is almost impossible for them to hold their heads up high. They are not motivated to continue their paths, whether it be college or a career.

Helplessness/Hopelessness

Learned helplessness is a condition in which a person suffers from a sense of powerlessness arising from a traumatic event or persistent failure to succeed. In other words, when people feel like they have no control over what happens, they simply give up and accept their fate. If a survivor has given up hope of being believed or heard, of feeling worthy, it can be near impossible for them to feel as though they could or should speak up and seek justice.

Rely on a Compassionate Sexual Abuse Survivor Attorney

But remember, you are not alone. If you have experienced any of these feelings, it is not your fault. The mind is a powerful thing. And nothing you did was the reason the sexual assault happened. The abuser and any institution that harbored such a person are at fault.

Sexual abuse survivors are entitled to significant compensation under Maryland’s revised statute of limitations.

If you or a loved one experienced childhood sexual abuse and are ready to talk, please contact The Yost Legal Group. We offer free, confidential consultations. We have compassionate and experienced childhood sexual abuse survivor attorneys right here in Baltimore: 1-800-967-8529.

No More Adverse Childhood Event Statue of Limitations in Maryland

Posted on by Brent Hoffman

In the wake of a sweeping report detailing long-term childhood sexual abuse in the Catholic Church, Governor Wes More signed a provision that ended the statute of limitations (SOL) for institutional adverse childhood event (ACE) sexual abuse claims.

“There is no statute of limitations on the hurt that endures for decades after someone is assaulted,” Moore, a Democrat, said. “There is no statute of limitations on the trauma that harms so many still to this day, and this law reflects that exact truth,” he added. Twenty-four states have approved revival periods known as “lookback windows,” which are limited time frames during which accusers can sue, regardless of how long ago the alleged abuse occurred. Maryland’s law creates a permanent window with no time limit.

For private entities, under the bill, damages are capped at $1.5 million for non-economic damages like pain and suffering, but there is no cap for damages relating to costs for services like therapy. For public entities like school boards and local governments, damages are capped at $890,000.

The Statute of Limitations

The Catholic Church has a long history in Maryland. Cecilius Calvert founded the colony in 1632 as a haven for Catholics, who often faced religious persecution in the Protestant-dominated British Empire. The statute of limitations, which protects both plaintiffs and defendants in legal cases, dates back about as far. This law cuts off a plaintiff’s right to recovery after a certain amount of time passes.

SOLs encourage victims to “strike while the iron is hot,” so to speak, and immediately file claims without delay. It is much easier to prove claims when the evidence is fresh and readily available. This law also gives tortfeasors (negligent actors) a chance to put the past behind them after a reasonable amount of time passes. People should not have to live their lives in fear and constantly look over their shoulders, at least in most cases.

In civil court, the statute of limitations is usually two years in a negligence (personal injury) case and four years in most other kinds of cases. 

However, this two-year time period does not always make sense. For example, if John worked construction in the 1960s and inhaled asbestos fibers, the resulting illnesses, like mesothelioma, might not be apparent until decades later.

So, in such cases, an experienced personal injury lawyer can work the system to hit the proverbial “snooze button” on the SOL alarm clock. Generally, claims do not accrue until victims are fully aware of their damages and they connect those damages to the proper source.

As a result, child sex abuse survivors could always bring lawsuits, even decades after the alleged abuse occurred. But proving them to be true had been much more difficult. However, this legal change makes it much easier to file a claim now that there is no need to prove that the discovery rule applies.

Procedural Issues in a Sex Abuse Claim

The statute of limitations is the primary procedural hurdle in a personal injury lawsuit, but certainly not the only one.

Incidentally, other kinds of equitable tolling (SOL snoozes) are available. For example, some victims were mentally incompetent at the time of injury, while others were under the supervision of a bankruptcy court. These individuals cannot file legal actions. In such cases, the law usually gives these individuals two years to file actions after they become legally competent or emerge from bankruptcy.

Pleading defects and a lack of evidence are the other two most common procedural motions in personal injury cases.

‘Improper parties’ is one of the most common pleading defects. For example, in church-related ACE cases, the proper defendant is usually the Archdiocese of Baltimore as opposed to the abuser. If the action names the abuser individually, the case might be easier to prove, but only limited compensation may be available. 

Speaking of proof issues, an attorney must prove every allegation in the petition by a preponderance of the evidence (more likely than not). If attorneys do not do their homework and collect sufficient evidence, the judge may throw the case out of court, denying the victim his/her day in court.

Rely on a Compassionate Baltimore City Child Sexual Abuse Survivor Attorney

Child sexual abuse survivors are not alone. They are entitled to compassion, understanding, and significant compensation. For a free and completely private consultation with an experienced child sexual abuse survivor lawyer in Baltimore, contact The Yost Legal Group today: 1-800-967-8529. The lookback statue only allows survivors two additional years to seek the justice they deserve.

A Closer Look at Traumatic Brain Injuries

Posted on by Brent Hoffman

Extreme, excessive motion causes most TBIs, an injury that kills over 64,000 Americans every year. Many personal injuries heal, for the most part, if the victims receive prompt and proper treatment. Head injuries, however, are permanent. That is because dead brain cells do not regenerate.

These injuries usually cause lifelong cognitive and social interaction effects. Many head injury victims have trouble concentrating. The resulting personality changes, like mood swings, have severe consequences at work and in social situations. With those issues in play, the cost of ongoing medical treatment and lost wages quickly add up.

Fortunately, an experienced Baltimore City personal injury law firm like The Yost Legal Group can obtain the justice and compensation these victims deserve and need to manage their TBIs and any other adverse effects to quality of life.

What Causes TBIs?

Car wrecks are the leading cause of TBIs in Maryland. Vehicle collisions combine all three of the most common TBI causes:

  • Trauma: Airbags significantly reduce the number of trauma-related head injuries, at least in low-speed collisions. However, airbags do not do much good in high-speed collisions. The effect is like putting a pillow against a brick wall and slamming into the pillow as hard as possible, leading with the forehead.
  • Motion: Many people believe the brain fits snugly inside the skull, like a hand in a glove. That is not true. The brain is not much bigger than a clenched fist. The skull is like a water tank that suspends the brain in cerebrospinal fluid. The extreme motion in a car crash causes the brain to violently and repeatedly slam against the insides of the skull.
  • Noise: According to many eyewitnesses, car crashes sound like explosions. These sudden, loud noises create shock waves that disrupt brain functions. This effect causes many combat-related head injuries in Southwest Asia. Many doctors call head injuries the signature wounds of the Iraq War.

Generally, motorists have a duty of reasonable care to avoid accidents when possible. If they breach this duty of care, often because they drove while impaired or drove aggressively, they are liable for the damages they cause.

Falls cause almost as many head injuries as car wrecks. Falls include two of the aforementioned TBI causes: motion and trauma. Usually, property owners have a duty of care to provide safe environments for invitees (invited commercial or social visitors). If an owner knew about or should have known about a fall or other injury hazard and failed to remedy that hazard, an experienced TBI lawyer can obtain compensation in court.

Property owners also have a responsibility to provide adequate security. For instance, if an assault occurs on their property, the property owner could be financially responsible for damages. Assaults often cause blunt force or penetrative head trauma, which can cause TBIs.

Resolving Head Injury Claims

Almost all head injury and other personal injury claims settle out of court. If liability and damages issues are clear, the insurance company usually has a duty to settle the claim within a few weeks.

Liability and/or damages questions are very common in these cases. Legal defenses include comparative fault, which shifts accident blame from one party to the other one, and the assumption of the risk, which usually involves a warning sign. As for damages, different doctors often have different opinions about the victim’s treatment needs.

Because of these disputes, most personal injury claims settle during mediation. A professional mediator ensures that both sides negotiate in good faith. They must honestly want to settle the matter, and they must be willing to make some compromises to reach an agreement.

Largely because of this court oversight and because both sides are anxious to avoid an expensive and risky trial, civil mediation is about 90% successful in Maryland.

Work with a Thorough Baltimore City TBI Attorney

Injury victims are entitled to significant compensation. For a free consultation with an experienced traumatic brain injury lawyer in Baltimore, contact the Yost Legal Group today: 1-800-967-8529. There is no time to delay and no cost to you unless we recover.

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