Personal Injury FAQ
How much is my personal injury claim worth?

Determining the proper amount of recovery is a critical aspect of your case. The amount of recovery depends on a variety of factors some of which are the nature, extent, and severity of your injuries, whether you suffered any permanent or temporary disabilities, the cost of your medical treatment, the amount of your lost wages and/or business profits, and the extent of your pain and suffering and loss of enjoyment of life and your regular activities.  Our personal injury lawyers can advise you regarding the value of your specific case once they have the required information regarding your injuries and damages.  The insurance companies are very experienced in handling these types of cases and they have experienced lawyers that advise them on how to limit or minimize the amount that the insurance companies will pay you for your injuries and damages.  Our personal injury lawyers will represent you aggressively against the insurance companies and their lawyers to maximize your recovery.  Contact us for an appointment if you would like additional information or are seeking aggressive representation by a Maryland personal injury lawyer.

 

Personal Injury lawsuits

If your claim is not settled through negotiation with the insurance company, the next stage is filing a lawsuit to recover for your injuries and damages. Maryland has a three year statute of limitations from the date of the incident that proximately caused your injuries, which means that you will not be able to file a lawsuit after the expiration of the three year period and therefore completely barred from any recovery for your injuries and damages. In every lawsuit, the plaintiff (injured party) must prove, by preponderance of evidence, that the defendant was liable for proximately causing the injuries and then prove the amount of damages that the plaintiff is entitled to collect. To establish liability, a plaintiff must prove that the injuries were caused by the defendant’s negligent, reckless, and/or intentional act. To prove the amount of economic damages, a plaintiff must prove that his/her medical treatment, medical bills, lost wages, property damage, and other economic damages and related costs were directly related to the incident and reasonable. The amount of non-economic damages that you can collect is somewhat vague but usually depends on the nature and severity of your injuries, pain, and the limitations that they placed on you. The insurance adjusters try to take advantage of people who are not represented by lawyers to convince them to settle their case without any recovery or very little recovery for their pain and suffering and other non-economic damages. In certain cases they may even try to make you responsible for a portion of your medical bills by claiming that the treatment you received was not necessary or the healthcare provider’s charges were not reasonable. Our Maryland lawyers will represent you aggressively against the insurance companies and their lawyers to maximize your recovery. Contact us for an appointment if you would like additional information or are seeking aggressive representation by Maryland personal injury lawyers.

The Defense of Contributory Negligence

Maryland is one of the few states that have held on to this relic from the common law. Contributory negligence is an affirmative defense and is typically raised by or on behalf of the defendant (party causing the injury) against the plaintiff (injured party) to defeat the lawsuit by arguing that the plaintiff’s own negligence, no matter how small, serves to defeat the plaintiff’s lawsuit and therefore a complete bar to recovery for the plaintiff’s damages. Under the doctrine of contributory negligence there is no comparison of the fault of a plaintiff and the fault of a defendant. Even where a defendant’s negligence may be much more serious, the plaintiff’s own negligence may completely defeat the plaintiff’s claim. The counter legal argument to contributory negligence is the doctrine of “last clear chance.” A plaintiff who has contributed by his or her own negligence may nevertheless recover for injuries and damages if the plaintiff is in a situation of helpless peril, and thereafter the defendant had a fresh opportunity to avoid injury to the plaintiff but failed to do so. Our personal injury lawyers will represent you aggressively against the insurance companies and their lawyers that will try to defeat your lawsuit. Contact us for an appointment if you would like additional information or are seeking aggressive representation by Maryland personal injury lawyers.

Medical Malpractice

Medical malpractice may occur in variety of ways such as a delay or failure in diagnosing a medical condition or a disease, a surgical and/or anesthesia related mishap during an operation, a physician’s failure to obtain the patient’s consent before a medical procedure, a doctor’s failure to properly treat a medical condition, and/or misuse of medical device or prescription drugs. A healthcare provider can be liable for failure to order necessary tests, missing a diagnosis, delaying treatment or other unreasonable conduct which causes injury or death to the patient. Medical malpractice cases are almost always hotly contested. Doctors and hospitals rarely admit they made a mistake and more often than not they can find a colleague to defend their professional judgment. Lawyers that represent clients in medical malpractice cases must invest substantial time and effort to prove that the care, or lack thereof, provided by the healthcare provider(s) caused the patient’s injuries. Contact us for an appointment if you would like additional information or are seeking aggressive representation by Maryland personal injury lawyers.

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