Paul D'Amore

Paul D'Amore

D'Amore Personal Injury Law, LLC
  • Medical Malpractice, Personal Injury
  • DC, Maryland, Massachusetts, New Jersey
Badges
Claimed Lawyer ProfileQ&ASocial Media
Summary

After a decade of successful practice, Paul decided he would rather help real people instead of the rich hospitals and insurance companies that once retained him. He resigned his partnership at a prestigious defense firm, and began working as a personal injury lawyer serving injured people in their fight for justice against the very hospitals, corporations and insurance companies that once retained him. Since then, Paul has obtained tens of millions of dollars in compensation for his injured clients and their families. The results that Paul has achieved for his injured clients have earned him recognition as a Super Lawyer, a Top 100 Trial Lawyer and Life Membership in the Million Dollar and Multi Million Dollar Advocates Forums.

Practice Areas
  • Medical Malpractice
  • Personal Injury
Additional Practice Areas
  • Birth Injury
  • Brain Injury
Fees
  • Free Consultation
  • Contingent Fees
Jurisdictions Admitted to Practice
DC
Maryland
Massachusetts
New Jersey
Federal Courts of Maryland
Federal Courts of Massachusetts
Federal Courts of New Jersey
Federal Courts of the District of Columbia
Languages
  • English: Spoken, Written
Professional Experience
Managing Member, Attorney
D'Amore Personal Injury Law, LLC
- Current
Attorney
Wais, Vogelstein, Forman & Offutt, LLC
-
Attorney
The Cochran Firm
-
Partner
Wharton Levin Ehrmantraut & Klein Pa
-
Associate
Wharton Levin Ehrmantraut & Klein Pa
-
Education
Northeastern University School of Law
J.D. (1997)
Boston University Graduate School of Management
B.S. / Business Finance (1992)
Professional Associations
Million Dollar Advocates Forum
Member
Current
Multi-Million Dollar Advocates Forum
Member
Current
Publications
Articles & Publications
How long do I have to file a lawsuit?
Do You Have a Medical Malpractice Claim?
Websites & Blogs
Website
www.damoreinjurylaw.com
Blog
D'Amore Personal Injury Blog
Legal Answers
13 Questions Answered

Q. How does lawyer suppose to return my retainer?
A: Unused retainer amounts are usually returned in the form of a check and can be hand delivered or mailed. The check should be accompanied by a detailed breakdown of how funds were applied to your case and an explanation for the amount being returned to you.
Q. If I was injured by a hardware store clerk do I have claim against the clerk or the store or both?
A: Your question concerns the legal doctrine of "vicarious liability", i.e. when is someone legally responsible for the actions of another person? The answer depends on the circumstances of your injury. If you were injured due to the employee's negligence while he/she was performing the usual duties of his/her job, you should be able to maintain a claim against both the employee and the store. However, if the actions of the employee that caused your injury were "outside the scope" of his/her employment, you will have a much more difficult time maintaining an action against the store. You can still sue the employee, but holding the store responsible will require you to prove something more than just the employee/employer relationship. You would have to prove the employer was negligent for hiring and/or supervising the employee. Those claims require you to prove there was something about the employee that the employer knew, or should have known that made the employee's actions foreseeable. Here are some examples that may help illustrate how this works: Example 1: A store clerk leaves the floor wet and forgets to put up a warning sign. You slip on the wet floor. The store is responsible as long as cleaning the floor was part of the clerk's job; which is usually the case. Example 2 : Store clerk thinks you are stealing from the store. She tackles you and causes you to break your arm. Security is not part of her job duties. In fact, the store owner made her sign a written agreement stating she was forbidden to intervene in suspected thefts, and was required to call the police. You can sue the store clerk for assault and battery, but you will probably not be able to make a claim against the store. Example 3: Same facts as Example 2, except the clerk who tackled you has done this to other customers. The store owner is aware of her behavior, knows it directly violates the policy, but thinks he has finally convinced her to stop. Under these circumstances, you probably have a claim against the store owner.
Q. I got in a car accident because I couldn't see a stop sign due to an overgrowth of foliage. I heard cities have immunity
A: In the days of old you were not allowed to sue the King for wrongdoing. He was chosen by God and could do no wrong. This was called "sovereign immunity". Today, the "King" is the Federal, State and Municipal governments elected by the citizens (not God). These entities can waive their immunity from suit by passing laws that allow them to be held accountable for wrongdoing. These laws are called "tort claims acts". Most times these laws have very specific requirements for making a claim, along with modified limitations periods (deadlines). It's best to contact a local attorney to assist you with navigating the procedural minefield you will face. But, do so immediately, or you could miss the limitations period for making the claim.
Q. Why only my lawyer gets mail from the courts and defendants but not me?
A: The Court considers the lawyers representing each party to be their agents for the litigation. Notice to the agent (the lawyers) is legally considered notice to the principals (you and the defendants). If you would like copies of everything generated by the Court, simply direct your attorney to do so. He or she should be happy to comply with your request.
Q. How do the police (or a court) determine who's at fault in an accident if both drivers insist it wasn't them and want
A: "Fault" for an accident is often "informally" determined by insurance companies based on witness statements and police reports. Often, the parties to an accident will simply adopt this informal determination and move on with their lives. In the event one or both parties disagree with this determination, a court action is necessary to make a formal, legal determination of fault. In the court action (lawsuit), the trier of fact (which can be a judge or jury- depending on the amount of damages), will hear and evaluate all of the evidence presented by each side. This evidence will often include photos of the scene, the damage to the vehicles, and the testimony of the parties and witnesses. The parties may even hire experts to reconstruct the accident from the available information. Once all of the evidence has been taken, the judge or jury will make certain findings of fact based on what they believe has been proven. These findings of fact will then be applied to the law governing the safe and legal operation of motor vehicles to reach a finding of fault.
Q. Do the judge have to dismiss my lawyer in my case and how will the defendants be notify?
A: As the client, you have a right to terminate your lawyer. He or she will usually notify the Court and the Defendants. However, you should check the scheduling order in your case. If there are deadlines coming up, you will need to secure new counsel in time to meet them. If you do not, and you fail to meet those deadlines, you risk having your case dismissed, or suffering other serious consequences that could negatively impact your case.
Q. I may sue for malpractice but the injuries I suffered as a result led to payments by my insurance company.
A: Most often the answer is yes. Private insurance contracts almost always contain terms called "subrogation clauses." These provide the insurance company the right to "stand in the shoes" of the insured (you) and recapture the money the company paid for care you would not have needed if there had been no malpractice. If you settle a malpractice case, the insurance company will often work with your lawyer to reduce the amount you must repay to reflect the fact that you had to pay a legal fee and costs to recoup their money. If you fail to repay your health insurance company after a settlement, you risk the company bringing a claim against you down the road.
Q. A friend is helping me out with my business, but he's not my employee.
A: Your question falls under the legal umbrella of vicarious liability, which holds that a principal (employer) must pay for the accidental wrongs of his agent (employee) if those wrongs were committed while the agent was acting in furtherance of his principal's objectives. Whether your friend falls into this category will depend upon the facts and circumstances that exist at the time a harm is caused. If your friend causes a car accident that results in harm beyond his own insurance coverage while he is on an errand for you, rest assured the lawyer for the injured person will attempt to prove vicarious liability. You would be smart to: (1) form a corporation or LLC in order to protect your personal assets from business liabilities; (2) obtain proper workers comp insurance for any employees working in your business; and (3) purchase proper liability insurance for your business.
Q. What standard do I have to meet to prove pain and suffering?
A: You would have to meet the "more likely than not" standard. The law refers to this standard as a "preponderance of the evidence". Lawyers often describe this standard to jurors as "just over 50%", or by using the illustration of a balance scale with "one more grain of sand on this side of the scale than on the other." While this seems like an easy standard, research shows that jurors actually apply a much higher standard when making their decisions. Jurors tend to prefer "objective" proof of anything they are asked to believe. They prefer not to "take your word for it", even if that word is given under oath. For something as "subjective" as pain and suffering, we will often use medical experts to testify that our client's condition is one that causes pain in most people, so there is no reason to doubt it is causing pain for our client. You may also find this article of interest. https://damoreinjurylaw.com/blog/chronic-pain-shedding-light-on-the-invisible-monster
Click here to see all answers
Social Media
Contact & Map
Baltimore Office
111 South Calvert Street
2700
Baltimore, MD 21202
USA
Telephone: (410) 324-2000
Annapolis Office
888 Bestgate Rd
205
Annapolis, MD 21401
USA
Telephone: (410) 324-2000
Washington D.C. Office
1200 G Street NW
8th Floor
Washington, DC 20005
USA
Telephone: (202) 434-8753