Maryland Personal Injury Lawyer
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An unforeseen injury has the potential to escalate into both a physical and financial emergency. Medical care can be prohibitively costly, especially if it necessitates surgical procedures, hospital stays, or extensive physical therapy, potentially resulting in medical bills totaling tens of thousands of dollars. Moreover, if the gravity of your injury prevents you from working, the loss of income will only compound your financial difficulties. Seeking the rightful recompense for the harm they’ve suffered, whether it was an individual, a business, or an entity, it’s unjust for you to bear the burden of these expenses. Additionally, you should also be entitled to compensation for the emotional distress you’ve had to endure.
At The Law Offices of Krum, Gergely, & Oates, our team is committed to achieving the best possible outcomes for our clients.” Super Lawyers® recognizes each of our lawyers, and we stand prepared to assist you. Reach out to us today to arrange a complimentary case evaluation and set up a meeting to discuss your complex legal matter.
With years of expertise in managing personal injury cases within Maryland, our legal team is eager to discuss your case today. Please contact us at (301) 840-0080.
Is Legal Representation Necessary for Your Personal Injury Lawsuit?
A personal injury attorney’s primary role is to secure compensation for individuals who have suffered injuries due to another party’s negligence, recklessness, or intentional actions. These legal professionals not only strive to ensure that the victim receives financial compensation but also advocate for reimbursing medical expenses, lost income, and any other costs incurred in the aftermath of the incident.
Seasoned personal injury lawyers in Maryland possess the expertise needed to navigate the intricacies of an injury claim, offering valuable guidance to their clients as they work towards recovery and reintegration into daily life following an injury.
In most personal injury cases, interactions with insurance companies are commonplace. An attorney possesses the requisite experience and training to engage in negotiations with insurance companies successfully. It’s essential to possess a thorough grasp of the subject matter, along with the insurance laws and procedures specific to Maryland.
Hiring a personal injury law firm can boost the compensation individuals receive and prevent potential pitfalls that could jeopardize their injury claims. For instance, it ensures that crucial deadlines like the statute of limitations are noticed, and essential steps like filing a no-fault insurance claim are addressed.
It’s important to note that not all injuries necessitate legal representation or the filing of a claim. However, if you suspect you have a valid injury claim, you should ask yourself two key questions:
Have you suffered an injury?
Was the injury a result of someone else’s actions or negligence?
If your response to both these questions is “Yes,” it is advisable to seek the counsel of a personal injury lawyer without delay.
What is the time frame for Filing a Claim in Maryland? (Maryland Statute of Limitations)
In Maryland, the general rule is that you must initiate a lawsuit to seek compensation for injuries within three years from the date of the incident that caused the harm.
The purpose of a statute of limitations is to provide protection for defendants against lawsuits that are brought many years after an accident has occurred. Additionally, it serves the plaintiff’s interests by recognizing that valuable evidence tends to diminish over time.
While you have a three-year window to file a case, it’s essential to start immediately. Constructing a strong personal injury case requires both evidence and time. Waiting too long can place you and your attorney at a significant disadvantage.
Missing the Deadline
If you exceed the three-year deadline for filing your lawsuit, the defendant will promptly request that the court dismiss your case. In nearly every instance, such a motion will be granted, resulting in the dismissal of your lawsuit.
It’s essential to reiterate that while three years may seem like a substantial amount of time, it’s wise to take action. Insurance companies often prolong negotiations beyond this three-year limit, leaving injured individuals with minimal bargaining power.
In many situations, it is advisable to initiate a lawsuit, even if your intention is to reach a settlement ultimately. When there’s the potential for a more significant jury verdict, an insurance company will likely offer a more equitable settlement.
Exceptions to the Statute of Limitations
In a few specific scenarios, you can initiate a legal case even after the standard three-year statute of limitations has passed. For example, if you were under a legal disability at the time of the incident, the three-year countdown does not commence until the disability is no longer in effect. This provision also applies to individuals who were under the age of 18 when the incident occurred.
Another circumstance in which you can file a lawsuit after the typical three-year period is when a defendant engages in fraud to conceal their liability. In such instances, a plaintiff has three years from when they could have reasonably discovered the fraud to take legal action.
Medical malpractice cases, on the other hand, offer a unique situation. Generally, the injured patient has a three-year window from the date of the injury to initiate a claim. Nevertheless, it’s common for the identification of a medical error to be a lengthy process. In the context of medical malpractices, there is a provision known as the discovery exception, but this exemption is constrained to five years from the incident’s date.
What is the Cost of Retaining a Personal Injury Attorney?
In most personal injury cases in Maryland, you can expect to hire a personal injury attorney on a contingency fee basis. This means that the attorney’s fee is contingent upon the outcome of your case.
In practical terms, if your case results in a financial recovery, such as a settlement or a court-awarded sum, the attorney will receive a percentage of that amount as their fee. On the other hand, if your case doesn’t yield any financial compensation (i.e., a zero verdict), you won’t be responsible for paying the attorney for their services or covering the law firm’s expenses.
The standard practice in the legal industry for contingency fees in personal injury cases typically ranges from 33% for settlements to 40% if a lawsuit is filed.
You might wonder why the fee increases when a lawsuit is initiated. The reason for this is the extensive amount of time and effort involved in litigating a case when it reaches that stage.
Lawsuits necessitate various legal procedures, such as filing motions, drafting complaints, engaging expert witnesses, conducting depositions, reconstructing accident scenarios, and the considerable time spent presenting the case before a judge or jury.
Navigating the Process of Filing a Personal Injury Lawsuit in Maryland
Engaging with the services of a personal injury attorney can greatly assist in the successful resolution of your personal injury claim. For individuals who need more experience in torts and personal injury law, demonstrating the merit of your case and comprehending the rightful value of your claim can be challenging. The presence of an adept injury lawyer by your side frequently serves as the deciding factor between triumph and defeat in your case.
Enlisting Your Attorney to File the "Complaint"
To commence a personal injury legal action, your attorney will submit an official “complaint” to the court. This document lays out the fundamental elements of your case, such as identifying the defendant, detailing their alleged wrongdoing, and specifying the damages you have suffered.
Furthermore, you must provide the defendant with a copy of this legal paperwork. Subsequently, the legal proceedings will progress to pretrial motions, depositions, evidence gathering, and, ultimately, the trial. Your attorney will be there to lead you through every stage of this process and vigorously advocate for the compensation you are entitled to.
Numerous individuals who have sustained injuries may believe initiating their case via an insurance claim will suffice. However, it is important to note that insurance policies frequently do not cover pain and suffering damages. Additionally, they may only offer partial coverage for the victim’s medical expenses and lost wages.
Therefore, pursuing a lawsuit is often a more viable option for victims seeking significant compensation.
Engaging in Discussions with the Insurance Provider or Preparing for a Trial
In numerous instances, the opposing party or their insurance provider may propose a settlement instead of proceeding with a court case. However, this settlement offer might not adequately compensate for your injuries, and their primary motivation could be to avoid the costs associated with a trial.
Your legal counsel can assist you in evaluating the fairness of the proposed settlement and provide guidance on whether to accept it or proceed with a trial. Reach out to our Maryland personal injury attorney for assistance in assessing the potential value of your case and determining the best course of action.
Seeking Compensation
Most personal injury cases revolve around the assertion that the defendant’s negligence resulted in your injuries. Although claims involving intentional harm and assault are conceivable, the majority of legal actions are built upon the premise that the defendant’s actions, whether intentional or unintentional, were responsible for your injuries.
To obtain compensation in a negligence claim, the injured party (plaintiff) must establish that it is more probable than not that the following conditions hold:
Legal Duty: In a civil case, a legal obligation is established, with the defendant owing this duty to the victim.
Breach of Obligation: When the defendant’s actions or omissions do not meet the required standard, they are said to have breached this duty.
Causation: It must be demonstrated that the defendant’s actions directly caused the injuries and damages suffered by the victim.
Harm: In these circumstances, the plaintiff must show they have incurred injuries or economic losses eligible for court compensation.
In many situations, duty is defined by existing laws, such as traffic regulations or building safety codes, which prescribe the rules drivers or property owners must follow. Adherence to these rules often amounts to negligence.
In other instances, duty is determined by evaluating what a “reasonably prudent” person in a similar situation would have done. This standard of reasonableness should be assessed objectively, without regard to how different individuals might have acted differently.
The Kinds of Compensatory Damages Available in a Personal Injury Lawsuit in Maryland
In a personal injury lawsuit, demonstrating that you have suffered some form of harm is essential to seeking legal redress. While the nature of damages can vary from case to case, the following are the primary categories of compensatory damages frequently pursued by plaintiffs in Maryland lawsuits:
Medical Expenses: This includes medical transportation, surgical procedures, hospital stays, rehabilitation, physical therapy, and other healthcare costs.
Lost Wages or Reduced Earning Capacity: These encompass the wages you’ve lost in the past and your potential future earnings that may be affected by your recovery and any resulting disabilities.
Pain and Suffering: This category accounts for the mental distress and the reduced quality of life experienced as a result of the injury.
Punitive Damages: These are additional payments that the defendant may be ordered to pay as a penalty for their severe or repeated negligence.
Burial and Funeral Expenses: These damages cover the costs of laying a loved one to rest in the unfortunate event of a wrongful death.
Lost Companionship: These damages are intended to compensate for the loss of contact and relationships with someone who has been tragically killed in an accident.
Loss of consortium: In situations involving your spouse’s injuries, you can seek damages for the adverse impact on your relationship and companionship.
Your legal counsel can assist you in comprehending the available damages in your case and determining their potential value. It’s important to note that in insurance claims, pain and suffering damages are often not obtainable, so you might have to pursue legal action in court to seek these damages.
The same principle applies to punitive damages; insurance companies or individuals at fault are unlikely to pay punitive damages unless a court willingly mandates such compensation.
Establishing Fault & Liability in a Personal Injury Lawsuit in Maryland
Ultimately, the responsibility of determining the outcome of your case in a trial rests with the jury. In an injury lawsuit, judges typically handle the legal aspects, while the jury’s role is to ascertain the veracity of the facts.
This entails assessing the credibility of your claims regarding how you sustained your injuries and determining the appropriate compensation for your damages. Your attorney will plays a crucial role in presenting your case during the closing arguments, summarizing all pertinent details, and advocating for a favorable judgment from the jury.
If your case does not proceed to trial, the resolution often hinges on the defendant(s) acknowledging their responsibility and offering you a settlement. However, in certain instances, defendants may refrain from explicitly admitting fault due to concerns about their public image or potential repercussions in other legal proceedings.
Contributory Negligence in a Personal Injury Case in Maryland
Maryland is one of only five jurisdictions in the nation that adheres to contributory negligence, rather than the more commonly adopted comparative negligence, in personal injury litigation.
In the realm of comparative negligence, when both the plaintiff and the defendant bear responsibility for an accident, the level of fault is distributed proportionally between the two parties.
This distribution of blame influences the plaintiff’s final compensation. For instance, if a plaintiff is determined to be 30% at fault and is granted a $100,000 damages award, their compensation would be reduced by $30,000.
Regrettably, in Maryland, they adhere to the stricter contributory negligence doctrine. This legal principle introduces extra difficulties for plaintiffs who have sustained injuries and for their personal injury attorneys.
In accordance with the contributory negligence doctrine, responsibility is assigned both to the plaintiff and the defendant. Nevertheless, in contrast to a reduction in compensation proportionate to their share of blame, any degree of contribution will prevent a plaintiff from seeking recovery from the defendant, no matter how minor their fault may be. According to Maryland law, even if a plaintiff is found to be just 1% responsible, they will still be completely ineligible for any compensation.
The Key Components of Negligence in a Personal Injury Lawsuit
To achieve success in a personal injury lawsuit based on negligence, the plaintiff needs to demonstrate the presence of four fundamental elements. Only by substantiating these four elements can an injured individual hold the defendant accountable for the harm they have suffered:
- Duty of Care
- Breach of Duty
- Causation
- Actual Damages
Obligation of Care
When evaluating a defendant’s potential negligence, the first step is to establish whether the defendant owed a duty of care to the plaintiff. In certain scenarios, the legal duty may arise from the relationship between the defendant and the plaintiff.
A prime illustration of such a relationship is the doctor-patient association. Physicians are legally obligated to provide competent medical care to their patients. In other situations, the specific circumstances can establish this duty. For example, in Maryland, every driver must operate their vehicles safely, thus owing a duty to other drivers and pedestrians.
Violation of Duty
After establishing a duty, the plaintiff must assess whether the defendant has violated their duty of care. This violation can be either an actual action or a failure to act. The guiding principle is determining what a reasonably cautious person would do in similar circumstances.
The concept of a “reasonably prudent person” is a legal construct that signifies how a responsible individual should behave in a given situation. In simpler terms, a person must either take action or refrain from it in a manner that could foreseeably lead to harm or injury.
For instance, if someone chooses to drive while intoxicated, they are knowingly putting others at risk. In many instances, proving a violation of duty can be quite challenging.
Causation
The next essential factor the plaintiff must establish is causation. To prove causation, the plaintiff has to demonstrate that the defendant’s actions, or lack thereof, directly led to their injury.
Reckless behavior alone does not entitle one to compensation unless it results in harm. However, if someone was engaged in texting while driving and collided with your vehicle from behind, establishing their responsibility for your injury might be relatively straightforward.
Courts will also consider whether the defendant could reasonably have foreseen that their actions might result in an injury. For example, if you choose to drive under the influence, it is not unforeseeable that you could cause an accident.
Nevertheless, if an unforeseeable or unpredictable natural event occurs that the defendant could not have reasonably anticipated, they may not be held accountable.
Compensation in Personal Injury Cases
In a personal injury case rooted in negligence, the crucial element to consider is “damages.” This element quantifies the financial recompense for the harm inflicted.
To illustrate, an injured individual may receive compensation for their medical expenses linked to the injury. Furthermore, a plaintiff can seek monetary recovery for the emotional distress they’ve endured.
It’s worth noting that the standard of duty often finds its basis in various laws. For example, regulations such as the traffic code or building safety codes establish the obligations that drivers and property owners must adhere to. Failing to comply with these regulations is generally viewed as negligence.
In different scenarios, the duty is determined by evaluating the actions of a “reasonably prudent” person in that specific situation. This standard of reasonableness should be considered objective rather than contingent upon how different individuals might have acted.
Gathering Essential Evidence for a Personal Injury Case in Maryland
In pursuing a personal injury lawsuit or when engaged in negotiations with an insurance company, our Maryland personal injury attorneys must amass a significant body of evidence that substantiates the defendant’s negligence. Evidence acquisition is pivotal in establishing liability and assessing the extent of your damages.
Accident Documentation
In certain situations, an accident documentation is generated following an occurrence leading to injuries. This documentation may take the form of a police report in the case of a car accident or an incident report when an injury transpires within a business setting. Such documentation houses crucial details that can be instrumental in establishing negligence on the part of another individual.
Typically, accident documentation includes the names of those involved in the incident, details about witnesses, and a narrative outlining the sequence of events. If you possess a copy of your accident documentation, please bring it along when you schedule a consultation with one of our Maryland personal injury lawyers. If you don’t have a copy, we will collaborate with you to secure one.
Photographs and Videos from the Scene of the Incident
The lasting significance of the proverb “a single image conveys a thousand words” underscores the potency of visual proof. When you possess photographs taken at the scene of an accident shortly after it happened, they may hold crucial information for your case.
In certain instances, the victim of the accident may have the capability to capture images using their mobile phone or another device. Alternatively, there might be traffic or surveillance cameras nearby that have recorded the sequence of events. You must promptly reach out to an attorney to ensure the preservation of any video evidence before it is lost.
Medical Records in Personal Injury Claims
In a claim for personal injury aiming to receive compensation for your injuries, having comprehensive medical documentation is crucial. These records provide vital evidence regarding the nature and severity of your injuries. They encompass your doctor’s prognosis and an estimation of the expected recovery period.
Nonetheless, it’s important to note that your medical history can potentially impact your case negatively. Insurance companies and defense lawyers might want to examine your medical records in order to identify any pre-existing health conditions that may be relevant to your injuries. A proficient personal injury attorney will strive to safeguard your privacy and restrict access to specific medical records.
Medical Expenses
Demonstrating your injury is only one aspect of the process. It is equally important to seek reimbursement for your medical bills and associated costs. As such, it is imperative to collect all your medical invoices, statements, and any other documents linked to your healthcare. This encompasses expenses for transportation to and from medical appointments as well.
Financial Records
Your injury has probably caused more than just physical harm. A serious injury could sideline you from work for an extended period, ranging from weeks to months. In the event of permanent disability, returning to work might not even be an option. You have the right to seek compensation for your lost income, including the earnings you would have made had you not been injured. Essential financial records, such as tax returns, bank statements, and pay stubs, are crucial in substantiating your economic losses.
Testimony of Witnesses
In order to succeed in a personal injury claim, it is essential to prove that another individual or business displayed negligence. Although various forms of physical evidence can bolster your case, the testimonies of eyewitnesses play a crucial role. When multiple witnesses support your version of the accident, their statements may significantly influence the opinion of a jury or insurance adjuster in your favor. Conversely, if statements conflict with your recollection of the incident, our team of personal injury lawyers in Maryland must address and respond to them.
Expert Views
In the realm of personal injury cases, the insights of expert witnesses play a pivotal role. These experts are distinguished professionals in their respective domains entrusted with assessing and elucidating evidence before a jury.
For instance, in a medical malpractice lawsuit, a medical practitioner must establish that another physician deviated from the expected standard of medical care. Similarly, in a car accident case, an accident reconstructionist might be engaged to expound on the mechanics of the accident.
The above example merely scratches the surface of the diverse array of evidentiary support for bolstering your case. Each personal injury claim is unique and demands evidence tailored to its particular circumstances.
Practice Areas
Areas Served
Varieties of Personal Injury Lawsuits Routinely Addressed by Our Legal Team
While each personal injury lawsuit has unique aspects, injuries frequently align with specific categories of cases. These cases typically undergo similar procedures, relying on consistent evidence and legal arguments. Below, you’ll find a selection of the most prevalent case types regularly managed by our legal professionals:
When individuals neglect to maintain their property for the safety of guests and pedestrians, it can lead to serious injuries. Many of these injuries can be avoided by regular maintenance, promptly addressing spills and icy conditions, and using warning signs to alert people to potential hazards. If you have suffered an injury due to a slip & fall or trip and fall incident resulting from someone’s failure to meet these safety standards, you may have grounds to pursue legal action against them.
When individuals neglect to maintain their property for the safety of guests and pedestrians, it can lead to serious injuries. Many of these injuries can be avoided by regular maintenance, promptly addressing spills and icy conditions, and using warning signs to alert people to potential hazards. If you have suffered an injury due to a slip & fall or trip and fall incident resulting from someone’s failure to meet these safety standards, you may have grounds to pursue legal action against them.
Driving a motor vehicle is one of the riskiest activities many individuals will engage in during their lifetime. Injuries sustained in a car accident can span from minor to catastrophic and in some tragic cases, fatal. If you or a family member has suffered harm or lost a loved one in a car collision, relying solely on insurance coverage may not suffice to secure the compensation you require. It may be necessary to consult with an attorney regarding the possibility of pursuing a car accident lawsuit.
While slip and fall incidents rank among the most prevalent types of premises liability injuries, various other injuries may result from defects or hazards on a property. When a property owner neglects to address problems related to wiring, structural issues, or other dangers within the premises, potential risks include electric shocks, burns, injuries stemming from structural failures, accidental descents into hazardous zones, falls from elevated positions, and various other forms of harm.
Patients anticipate comprehensive and effective medical care, with the expectation that their doctors will diligently diagnose their conditions and work towards their recovery. However, there are instances where the quality of care doctors provide may need to meet these standards. In such situations, individuals can typically pursue compensation for any economic or physical repercussions they endure.
One regrettable subset of such cases frequently involves birth injuries, where infants experience harm or health complications due to medical errors.
Regrettably, birth-related injuries sustained by both the mother and child during childbirth can potentially lead to lifelong disabilities for your child. These complications often stem from human errors that could have been prevented or minimized with the appropriate intervention.
Consult with one of our legal professionals to understand your rights in seeking accountability from healthcare providers when their mistakes result in significant birth injuries.
Manufacturers of products are required to adhere to specific standards during the production and distribution of their goods. Generally, these products should be devoid of any design or manufacturing flaws that could potentially harm individuals, and they must include warnings if inherent dangers are associated with their design. Should manufacturers fail to meet these standards, individuals who suffer injuries may have the right to pursue legal action against them.
Regardless of the origins of such injuries, they have the potential to be among the most incapacitating afflictions one might experience. Unlike damage to bones or muscles, the human brain cannot typically self-repair. Consequently, individuals afflicted with traumatic brain injuries often grapple with profound cognitive impairments, difficulties in motor functions, and alterations in their mood or personality. Such injuries may result from traumatic incidents, such as blunt force trauma, chemical exposure, or oxygen deprivation.
Certain injuries result from using products that aim to enhance our daily lives. When a product exhibits a manufacturing defect or a design flaw, the responsibility for any injuries stemming from its use falls on the manufacturer.
In the event of an injury, refrain from automatically assuming that you misused the product. Seek advice from a seasoned personal injury lawyer in the state of Maryland to evaluate whether you have a valid basis for a legal claim.
Individuals who experience spinal cord injuries often endure significant pain and distress, along with potential partial or complete paralysis. These injuries typically impact the functioning of the body below the site of injury, and when they occur high up in the back or neck, they can lead to conditions such as tetraplegia or quadriplegia.
Injuries to the lower or mid-back may result in paraplegia. Even if the injury does not completely sever the spinal cord, it can still lead to difficulties in walking and movement, necessitating substantial medical care. In such cases, legal action may be pursued to hold the responsible party accountable for covering these medical expenses.
In many legal proceedings, individuals who have suffered the loss of a family member because of another person’s carelessness, whether they are surviving children, spouses, or parents of the deceased, pursue legal action against the responsible party. Wrongful death lawsuits follow a similar process as other personal injury cases, necessitating the establishment of the at-fault party’s wrongdoing as the cause of the loved one’s demise. Our legal team is well-equipped to help you with such claims.
Moreover, beyond wrongful death cases, there may be opportunities to seek compensation for accidental injuries resulting from someone else’s carelessness. Our experienced attorneys can thoroughly investigate your injury case, interview witnesses, and diligently construct a robust legal argument to secure the compensation you rightfully deserve. To initiate the process of seeking legal assistance, please reach out to our attorneys today to arrange a complimentary legal consultation.
How to Select the Right Personal Injury Trial Attorney
While it might seem simple to locate a personal injury trial lawyer, the real challenge lies in choosing the ideal one for your specific case. You’ve likely encountered a deluge of TV commercials, billboards, and countless websites, all proclaiming to be the best. The most valuable guidance when hiring a personal injury lawyer is to meet with them in person to gauge how they intend to handle your case.
It’s essential to find an attorney with whom you feel at ease and who is attentive to your requirements. As your case progresses, you’ll inevitably have numerous questions. When you have a query, you want prompt answers. Look for law firms where your calls are answered and where paralegals and legal assistants promptly respond to your calls and emails when necessary.
At the Law Offices of Krum, Gergely, & Oates, we take great pride in our responsiveness to our clients. We promptly return calls and provide the information you need to make informed decisions about your injury claim. We invite you to contact our office today to arrange a complimentary consultation and case evaluation. This will allow you to become acquainted with our attorneys and discover why they have garnered the trust and satisfaction of numerous clients.
If You've sustained an injury in Maryland, our team of personal injury attorneys is here to assist you
Selecting the right personal injury attorney in Maryland is crucial for safeguarding your financial future following a serious accident or injury. It is essential to choose a lawyer with the appropriate qualifications to handle your case.
The personal injury attorneys in Maryland from The Law Offices of Krum, Gergely, & Oates have a proven track record of fighting diligently to maximize the compensation our clients receive after accidents. With extensive experience handling numerous personal injury cases, our legal team is dedicated to safeguarding our client’s welfare and avoiding subpar settlements or insurance disbursements. To arrange a complimentary legal consultation with our dedicated attorneys, please get in touch with us at (301) 840-0080