I was a Child Victim. What Steps Can I Take Following the Child Victims Act of 2023?

If you were sexually abused as a child in Maryland, you are not alone — and you should know that hope is at hand. With the passage of the Child Victims Act of 2023, you can now seek justice for the abuse you endured as a child, even if the deadline established by the old statute of limitations on litigation has passed.

At Trollinger Law LLC, we understand the prospect of taking legal action might feel frightening, and you may have many questions. Our compassionate attorneys are here to provide you with the support and guidance you need to pursue justice and compensation for the harm you suffered. Contact us today for a free consultation to learn your options under this landmark law for survivors.

Understanding the Child Victims Act of 2023: A Guide for Survivors

Maryland lawmakers recently passed legislation ending the state’s legal time limit on civil lawsuits for child sexual abuse survivors. The Child Victims Act of 2023 opens a retroactive window that allows survivors to sue their abusers and any institutions that enable them for financial compensation.  Previously, those sexually abused as children could not file suit after age 38 in Maryland. Starting Oct. 1, this time limit no longer exists. It also allows claimants with previously time-barred claims to take legal action. 

The act also changes the cap on damages for victims of child sex abuse. Under the law, caps on damages against private entities are capped at $1.5 million. The cap for public entities, like schools and government agencies, is $890,000. This applies to each instance of abuse. 

Steps for Child Victims to Take Under the New Child Victims Act

The steps you need to take to file a lawsuit under the new Maryland Child Victims Act of 2023 will vary based on the unique circumstances of your case. The most important step to protect your rights and seek justice for yourself is to contact an experienced sexual abuse injury attorney as soon as possible.

At Trollinger Law LLC, your first consultation is free and 100 percent confidential. We’re here to listen to your story and determine your legal options. You can help by: 

• Providing as much information about the incident(s) as possible
• Passing along any evidence you might have saved
• Providing the names of witnesses who could help your case
• Providing relevant medical information or documentation

Don’t worry if you don’t have all the facts right away. Our law firm will do the investigative work to hold the at-fault parties accountable for the harm you suffered. 

Taking Action as a Survivor Under the Child Victims Act of 2023

The new Maryland Child Victims Act puts the power back into your hands. You can now take legal action to hold your abuser responsible for their actions and recover compensation in civil court. We know coming forward can be daunting and overwhelming, dredging up painful memories you may have tried to lock away. With the help of a Maryland sexual abuse injury lawyer, you can take a stand and gain the measure of justice you truly deserve. 

How Can You Get Legal Help from a Sexual Abuse Injury Lawyer? 

Getting guidance from a sexual abuse injury lawyer is just a click or phone call away. All you need to do is consult the experienced legal team at Trollinger Law LLC today. We are ready to offer compassionate support and aggressive legal representation to you. Contact us now for a free and confidential case review. 

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What Is the Maryland Child Victims Act of 2023?

On April 11, 2023, Maryland Governor Wes Moore signed the Child Victims Act of 2023 into law. The new law eliminates legal time limits on filing civil lawsuits against institutions for child sexual abuse. Previously, Maryland law barred adult survivors of sex abuse from filing suit once they turned 38. The bill gained steam when Maryland Attorney General Anthony Brown released a 500-page report documenting a long history of widespread child sex abuse and systemic cover-ups of that abuse by the Catholic Church.

An analysis from CHILDUSA shows the average age survivors report child sex abuse is 52. Under the Child Victims Act, survivors can still have their day in court regardless of age.

Every sex abuse survivor deserves to have their voice heard. To learn what steps you can take to seek justice, contact a Maryland personal injury lawyer at Trollinger Law LLC for a confidential and free consultation.

What Type of Claim Could I Make Under the Child Victims Act?

Under the Child Victims Act, you could file a civil claim against the abusers and the institutions that harbored them. Possible defendants include:

• Churches and other religious institutions
• Schools and boarding schools
• Camps
• Colleges and universities
• Hospitals and medical providers
• Government agencies

Unlike criminal cases, in which the state seeks to impose penalties like prison time for the harm the abuser’s actions impacted society, a civil claim seeks financial compensation for the harm a victim suffered because of the abuser. While no amount of money can undo what your abuser did, holding them and the institution that enabled them accountable can bring a powerful sense of justice and closure.

By filing a claim under the new Child Victims Act, you could recover compensation for losses like:

• Medical expenses related to the abuse, such as mental health counseling or therapy
• Pain and suffering
• Mental anguish
• Emotional distress
• Diminished quality of life

The new law sets caps on how much money survivors can recover in non-economic damages like pain and suffering. In cases against private entities like churches, the law caps these damages at $1.5 million. The cap for suits against public entities like public schools is $890,000. The law does not restrict compensation for economic losses, which is money for measurable losses like medical bills.

Does the Child Victims Act Make Winning Lawsuits Easier for Victims?

By eliminating the legal time limits for child sex abuse cases, the Child Victims Act will make it easier for survivors of child sex abuse to file lawsuits at their own pace. Under the previous law, the court would dismiss any child abuse lawsuit filed after the deadline, no matter how strong the underlying case was.

However, winning a child abuse lawsuit against an institution for harboring a child abuser is challenging. You must gather evidence, provide testimony, and quantify your losses. Instead of trying to do so alone, turn to an experienced personal injury attorney for help seeking justice.

Need to Schedule a Legal Consultation? Here’s How to Connect with Our Lawyers

The attorneys at Trollinger Law, LLC applaud the state of Maryland for giving child sex abuse victims an avenue for justice, but we know coming forward may feel frightening. We’re here to listen to your story and answer your questions without cost, pressure, or obligation. To discuss whether you have rights under the Child Victims Act, contact us today to speak with an experienced attorney.

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Turning Over Medical Records in Workers’ Comp Cases

Medical records are an essential component of every workers’ compensation case. However, questions often arise about the types of medical records employers and insurers have the right to request when processing a claim. You do not want your employer or their insurance company to have access to your entire medical history, and you might worry that releasing too much information could impact your workers’ comp case. Knowing when you have to comply with a records request and what information you have to provide is crucial to protecting your privacy.

The legal team at Trollinger Law LLC helps injured workers in Maryland navigate the workers’ comp process and obtain the money and benefits they need to heal and return to work. If you have questions about the kinds of records you must turn over to the insurance company, call or contact us today for a free consultation with a Maryland workers’ compensation lawyer.   

What is a Medical Records Release Form?

A medical records release form is a document giving someone else permission to see your medical records. It is standard for employers or insurance companies to send a medical records release form after you submit a workers’ comp claim. Your employer wants to know that you suffered a valid injury, while the insurance company wants to watch for potential fraud.

The problem with medical records release forms is that if you are not careful, you could give too much information to your employer or an insurer. Sharing too much of your medical history could lead to personal embarrassment and may affect the outcome of your workers’ comp claim. Accordingly, you only want to provide your employer or an insurance company with the necessary records to evaluate your claim.

Is it Necessary to Release My Medical Records to Get Workers’ Comp?

No insurer will approve a workers’ comp claim without seeing some of your medical records. They need to know about the injury and have proof that it is work-related before they will pay for your injuries.

You will also likely have to release your records as part of an insurance company’s independent medical examination. The insurance company can better evaluate your claim by comparing your doctor’s records with the independent examiner’s. Without your existing medical records for comparison, the insurer will unlikely approve any compensation for your injuries.

Can My Employer Request My Entire Medical History?

Your employer can ask for your complete medical history, but you do not have to comply. In fact, you do not have to give your employer any medical records that are not relevant to your workers’ comp claim. Talk to a workers’ comp lawyer before agreeing to release your medical records to protect your privacy and give yourself the best chance of winning your workers’ comp claim.

Get Help from Our Workers’ Compensation Attorney Today

A knowledgeable workers’ compensation attorney from Trollinger Law LLC can protect your privacy and help you pursue the benefits you deserve after a workplace accident in Maryland. Our full-service law firm can meet you wherever you are in the workers’ comp process. We can help with the initial application, handle any disputes with the insurance company, or file an appeal if necessary. Before handing over any records, call us or contact us today for a free consultation. 

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How Much of My Workers’ Comp Settlement Do I Get to Keep?

Expenses can pile up quickly after a job injury. In addition to your medical bills, you may worry about lost wages, reduced future earnings, and any long-term disabilities you develop. Naturally, you want to secure maximum compensation in a workers’ compensation settlement. But how much of your award do you get to keep? Other parties, such as legal and medical professionals, may have a claim on some portion of the compensation you receive.

There is no single answer to how much compensation you retain in a workers’ comp settlement, but working with an attorney is essential to maximizing your award. At Trollinger Law LLC, we have helped many Maryland workers recover full and fair compensation after work-related accidents. For help navigating the claims process, contact us today to speak with an experienced workers’ compensation lawyer. 

What is a Workers’ Comp Settlement?

Most Maryland employers must provide workers’ compensation insurance for their employees. When a qualifying worker gets hurt or develops an occupational disease, they can file a claim with their employer’s insurer to receive workers’ compensation for their injuries. Workers’ comp typically includes money for the employee’s medical bills and a portion of their missed wages.

A workers’ comp settlement is an agreement between an employer and their injured worker. The employer agrees to pay a fixed amount for the employee’s medical care, lost wages, and long-term disability. Employees often receive workers’ comp benefits until they heal. In other cases, an employee opts to settle instead of collecting benefits. Once the employee agrees to the settlement, they generally cannot recover additional compensation for that particular injury.

The Employer’s Responsibility in a Workers’ Compensation Settlement

Under Maryland law, employers must pay for an injured worker’s reasonable and medically necessary treatment until the worker heals or reaches a point where further treatment will not make a meaningful difference. In addition, employers must provide compensation for a portion of the injured worker’s missed wages up to a limit set by state law. In most cases, an injured worker’s employer submits a workers’ comp claim to their insurance company. 

How are Workers’ Compensation Settlements Calculated?

Some of the factors that go into calculating a workers’ comp settlement include:

• Your past and future medical bills
• How much work you will miss, or whether you can work again at all
• Your missed wages
• The severity of your injuries and disability rating
• Vocational rehabilitation

You, your workers’ compensation lawyer, and your employer’s insurance company must weigh these factors to reach a reasonable settlement. Remember that your doctors, attorney, and other parties may be entitled to a portion of your settlement. 

Types of Workers’ Comp Settlements

There are two types of workers’ comp settlements. The first is a lump-sum settlement, meaning the injured worker gets the total settlement amount upfront. The second is a structured settlement, meaning the injured worker receives their compensation in fixed increments over a set period. Both settlement types have pros and cons. Discuss the advantages and disadvantages with your attorney before making a decision.

What is the Average Workers’ Compensation Settlement?

Every workers’ comp case is different, so coming up with an average settlement figure would be meaningless. That said, consulting a workers’ compensation lawyer is crucial if you want to recover as much money as possible. Remember, your employer and insurance company want to keep their costs low and pay as little as possible in a settlement.

Get Help from Our Workers’ Compensation Attorney

The legal team at Trollinger Law LLC knows how important it is for you to recover as much money as possible in a workers’ compensation settlement. Call us today or visit our contact page to schedule a free consultation.

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What to Do After a Construction Accident

What to Do After a Construction Accident

After a Maryland construction accident, you can take steps to protect your well-being and your right to claim money for your losses. Depending on the circumstances of the incident, you could have a workers’ compensation claim, personal injury claim, or both. Follow these tips from the attorneys at Trollinger Law LLC to maximize your right to full and fair compensation.  

Step 1: Seek Medical Attention

Always seek prompt medical attention after a construction accident. Construction injuries often result in severe injuries that require emergency care. If you have not yet visited the doctor, make an appointment immediately. You may learn your injuries are more serious than you think. It’s best to have your condition diagnosed, treated, and documented by a professional. Also, medical records are essential to any workers’ compensation claim or personal injury case. 

 Step 2: Notify Your Employer 

If you are a construction worker in Maryland, you must notify your employer of the injury within 10 days of the accident. If you fail to give timely notice, your employer or their workers’ compensation insurer may have grounds to deny an otherwise valid workers’ comp claim. Report the injury in writing and keep a copy for your records.

You won’t qualify for workers’ compensation benefits if you suffered injuries as a bystander or visitor to a construction site. Instead, you might be able to obtain compensation in a personal injury claim. An experienced construction site accident attorney can investigate the case and demand the money you deserve.  

Step 3: Collect Important Information

You need strong evidence before collecting workers’ comp benefits or demanding compensation through a personal injury claim. This includes proof of your injuries and any medical expenses or other losses incurred. When you file a workers’ comp claim, you are not required to prove that anyone else was at fault. However, if you file a third-party personal injury claim or lawsuit, you will need evidence demonstrating that another individual or entity was at fault for your losses. In either case, the evidence needs to be substantial and convincing. A construction accident lawyer can collect and organize this information for you. 

Step 4: Contact an Attorney for Help

If you haven’t done so, contact an experienced attorney immediately. A construction accident lawyer can take over every aspect of your case, from conducting an independent investigation and filing your claim to negotiating with the insurance company or representing you during appeals. While you have the right to file a claim independently, you may experience frustrating denials and settlement delays by making errors that a legal professional can avoid.  

Step 5: File Your Injury Claim or Appeal

After compiling the evidence and completing the procedural paperwork, you can file your claim for workers’ compensation benefits or personal injury damages. Remember that securing full benefits or fair compensation is no guarantee. If your claim is unreasonably denied, delayed, or minimized, an attorney can help you file an appeal demanding the money you deserve. 

Contact Our Construction Accident and Workers’ Comp Lawyer in Maryland Today

Trollinger Law LLC is a trusted Maryland personal injury and workers’ compensation law firm. Talk to one of our experienced construction accident attorneys today to learn your legal rights and options. The first consultation is free. 

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Recent News from Trollinger Law

Our team would like to share with you some of the great things happening in and around Trollinger Law over the past several weeks.

First, Elli Schank passed the bar and will be joining Matt Trollinger as an attorney in the firm!

Our team members over the past few weeks have been given the opportunity to host our third annual First Responders’ Night hosted at the Blue Crab’s Stadium on September 3, 2022. It was a huge success thanks to all the first responders and their families who were able to come out. A special thank you goes out to our 2022 Hometown hero winners, Sean McKeever, Jason Adams, and Jennifer Johnson who were honored as our special guests of the evening for all their humble and consistent commitments they offer to our community.

In addition to our Hometown Hero event, Trollinger law has had opportunities to both sponsor and attend some local events including, the Torch Run for Special Olympics, the Lobster Fest hosted at the Charles County fairgrounds and Bounty of the County.

Lastly, this past week our team took a little bit of time to participate in a team-building activity in which we incorporated carving pumpkins! Our team works so closely together ensuring we provide the best experience for our clients and by bonding through team building it gives us the chance to get to know each other a little better and strengthens the working relationships among us.

Check out the images of the events below, and don’t hesitate to contact us if you need legal assistance.

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How a Criminal DUI Conviction Affects Your Personal Injury Case

Getting hurt in an accident caused by a drunk driver can change your life forever. If you weren’t to blame for the crash, you could be entitled to compensation from the person who was. But can the driver’s criminal DUI conviction affect your personal injury claim? Here, the personal injury attorneys from Trollinger Law LLC explain how criminal charges can affect a civil case.

Can a Criminal DUI Conviction Help my Personal Injury Case?

If a driver causes a crash while under the influence of alcohol or drugs, they can be charged with DUI and other related crimes, such as reckless driving. Prosecutors bring criminal charges, and the defendant (the drunk driver) is tried in criminal court.

If you suffered injuries in a drunk driving accident, you could also seek financial compensation from the at-fault driver by filing a personal injury lawsuit. Unlike criminal charges, personal injury lawsuits are litigated in civil court. Where criminal charges could result in penalties like fines and jail time, the result of a successful personal injury case is money awarded to the injured party.

If the at-fault driver is found guilty of DUI, the conviction could support your injury claim by establishing their negligence and liability for the accident. All motorists have a duty to operate their vehicles safely to prevent others from harm. A DUI conviction can clearly demonstrate the driver failed to uphold this responsibility. While you’d still have to prove that their intoxication and subsequent behavior directly led to your injury, a DUI conviction would go a long way to strengthen your drunk driving accident case.

Still, civil and criminal proceedings are independent of each other. The driver does not have to be convicted of a DUI for you to win your case.

What Happens if the Drunk Driver is Acquitted?

You can still sue for compensation if the drunk driver is acquitted of DUI charges. The burden of proof in civil cases is different from criminal ones. While prosecutors in criminal cases have to establish the defendant’s guilt beyond a reasonable doubt, the standard in civil court is a “preponderance of the evidence.” In other words, the court must agree that, based on the facts presented at trial, it is likelier than not that the drunk driver was at fault for the crash. It is possible for the motorist who hit you to be found not guilty in criminal court but found liable in civil court.

Unfortunately, in Maryland, if the at fault driver or its insurance company concedes that they breached the duty of care by breaking the rules of the road, namely, they accept that it was their fault the evidence of drunk driving is unlikely to be admissible evidence.

What Evidence Can be Used in my Civil Claim Against the Drunk Driver?

In addition to a DUI conviction, some of the common types of evidence our attorneys might use to prove liability in a drunk driving case include:

• The driver’s BAC (blood alcohol concentration), based on toxicology results
• Police accident reports
• Eyewitness testimony
• Physical evidence from the accident scene (e.g., open containers of liquor, beer bottles, etc.)
• Accident reconstruction testimony
• Photos and videos from the accident scene

At Trollinger Law LLC, we have the knowledge and resources to help you collect evidence and build a robust personal injury case on your behalf.

Contact a Skilled Personal Injury Lawyer Now

Were you hurt in an accident caused by a drunk driver in Maryland? A drunk driving accident lawyer at Trollinger Law LLC can help you seek compensation from the motorist who harmed you. Call or contact us for a free consultation. There’s no fee and no obligation, just straightforward legal advice from award-winning attorneys.

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