Medical causation is if and to what extent the medical problem or condition of the injured person is a result of a specific event, such as an auto accident. Unless it is very clear, such as when a leg is broken in the accident, medical causation must be determined by an opinion of a doctor. Medical causation can be complicated, such as when a person had a medical condition before the accident but the question is if that condition was worsened by the accident, and is so, to what extent. Medical causation also has an impact on what treatment received by the person can be linked into being a consequence of the accident. Further, doctors do not always agree on medical causation, with one doctor thinking yes but another doctor thinking no.
Maryland recognizes a distinction between legal custody and physical custody of a minor child. Legal custody is the right and obligation to make decisions relating to education, religious instruction, discipline, medical care, and other matters concerning the child's overall general welfare. Physical custody is the right and obligation to provide a home for the child and care for the routine needs of the child. Both parents of a minor child are the joint natural guardians of such child. This means that both parents have both joint legal and physical custody. Generally, this joint legal and physical custody continues unless and until a court order is granted changing or allocating the custody parameters.
Litigation is the filing of a case in Court and the steps after the filing to pursue the case to conclusion. Litigation begins with the filing of the Complaint. Then the discovery process is undertaken, which may include Interrogatories (formal questions each party can ask the other), Request for Production of Documents (exchange of copies of documents between the parties), Subpoenas for records from persons not a party to the case, and Depositions (requiring a party to appear and be asked questions under oath). One purpose of the discovery process is to more fully develop the facts of the case, including finding out what the opponent has, in preparation for the trial. Before the trial, and usually after the discovery process, there may be settlement discussions. If the case can not be resolved by an agreed settlement, then the case is presented in a trial for a decision.
In negotiating a Marital Settlement Agreement in anticipation of getting a divorce, a person should first determine what the person may be entitled to claim so as to know what to ask for. If you do not know what to ask for, you certainly can not get it. Examples of this include marital property rights and alimony. Other matters which normally are covered in an Agreement include child custody, child visitation, child support, who gets to claim a child on income taxes, and other issues arising out of the dissolution of the marriage. it is most important that the Agreement be as comprehensive as feasible, since if a matter is not included then the right to pursue it is generally lost, and normally the only changes a Court will consider making to the Agreement concern child custody, child visitation and child support.
When a person creates a Will under Maryland law, the person is not required to leave anything to anyone, and can leave his/her property as the person desires. Family members may believe they should get something, but there is no such requirement. However, if in a Will one spouse does not leave a sufficient amount to a surviving spouse, then such spouse can under the law claim an elective share in spite of what the Will may say. If the person who created the Will had a child, this elective share of the spouse would be one third, but if no children then the share would be one half. This right to an elective share can be waived by the surviving spouse, either before marriage such as in a prenuptial agreement, or after marriage such as in a Separation Agreement.
In Maryland, a minimum level of auto insurance is required for a vehicle. An auto insurance policy is divided into different kinds of coverage in differing levels of coverage. The minimum coverages are liability of $30,000 per person and $60,000 per occurrence, and a minimal level of $2,500 for Personal Injury Protection (PIP). Only the PIP can be limited further by waiving the PIP for the vehicle owner and his/her household. Other types of coverage include collision, comprehensive, and rental car, which are optional, but if there is a loan on the vehicle then the lender may require you to have one or more of these types of coverage. While you could decide to only have the minimum required coverage, it is wise to have a much higher level of coverage for the additional protection such provides to you and usually the additional cost is not all that much.
