Personal Injury

Personal Injury

For a Law Firm That Represents Plaintiffs

What is negligence?
Negligence is the failure to use ordinary or reasonable care. However, for legal purposes, there can be no negligence except actionable negligence, which has been defined as: the existence of a legal duty to use care;the failure to exercise the degree of care demanded by the circumstances; and harm that is legally and actually caused by the breach of that duty.

How are damages calculated in a personal injury case?
In Maryland, damages in a personal injury case are generally classified as: medical bills, lost wages, and pain and suffering. If the injured party has a disability that requires job retraining, the costs associated with the retraining the job is also recoverable. Monetary awards are intended to restore an injured person to the position he or she was in before the injury and are not taxable by either the federal government or the State of Maryland.

What if I have been injured by an unidentified hit-and-run driver?
The individual injured by a driver who left the scene without being identified can recover damages if the injured party has uninsured motorist (UM) coverage. Essentially, the law treats that unidentified vehicle as an uninsured driver. Under UM coverage, the injured can recover the same damages as if dealing with the at-fault driver’s insurance company.

How long do I have to file a claim?
Statutes of limitations vary from state to state. In Maryland, the time limitation for filing a personal injury or wrongful death lawsuit is three years from the date of the accident. If a municipality or government entity was involved, the time limit is usually shorter and it is always best to consult a personal injury attorney as soon as possible to insure that action is taken within the proper time limits.

What is medical malpractice?
Medical malpractice is defined as a negligent act or omission by a doctor, nurse or other medical practitioner that causes harm to a patient. Negligence can also arise because of an error in diagnosis or treatment. Hospitals and other medical facilities may also be liable for medical malpractice for improper care, such as problems with medications and nursing care.

What if I am injured at a business establishment or on someone else’s property?
The owners and tenants of residential, business, or government properties may be responsible for injuries that occur on their premises due to negligence or lack of proper maintenance. Such accidents are sometimes referred to as “slip and fall” injuries. Liability in a slip and fall case generally depends on the circumstances of the case, such as who owns the property and whether the injured is a business customer. Depending on who is in control of the premises, usually either the premises owner or the tenant will be held responsible. The mediator typically has no power to force a settlement or resolution of a case, but rather, attempts to push both sides together until the case settles.

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