Personal Injury

Every case involving serious personal injury requires an attorney well versed in medical issues. In Maryland, cases must be brought within three years of an accident, but serious injuries will impact a person for many years afterwards. An effective personal injury attorney has to have broad experience in dealing with different types of injuries and a willingness to meet with doctors and do medical research. This is the only way that the attorney can understand the injuries and develop the necessary evidence to prove not only what the injuries have done but what they will do in the future. The injuries and their effects must be made understandable, and the reasons for why there will be future medical expenses or decreased earnings in the future must be carefully explained. Often, medical illustrations should be developed to make the injuries understandable to jurors.

Aside from medical issues, many personal injury cases, especially cases involving motor vehicle collisions, require an attorney well versed in accident reconstruction. The length of skid marks, the placement of gouges in the roadway, the pattern of debris from a crash, the crush damage done to vehicles — all of these factors can prove critically important in determining key issues such as what speed someone was traveling or where the point of impact occurred. Accident reconstruction is done by experts, but there is great variability in the quality of person who presents themselves as experts. If an attorney is not well versed in accident reconstruction terminology, formulas, and techniques, he or she will not be able to utilize a good expert to help the client’s case or effectively cross-examine a sloppy insurance company expert who is working against the client’s case.

Types of Personal Injury Cases We Handle

Automobile Crashes — acting quickly to find witnesses and preserve evidence before it disappears.
Trucking Negligence — holding commercial drivers and motor carriers to federal safety rules.
Motorcycle Collisions — handled by attorneys who ride.
Falls — dangerous conditions and code violations on someone else’s property.
Wrongful death — when negligence takes a life, certain family members may bring a claim for their loss.

Personal injury claims can also arise from medical errors; see medical malpractice. If you were hurt at work, see workers’ compensation.

What Is Negligence?

An individual has a personal injury claim when they are hurt by the negligence of another. Negligence means failing to use the care a reasonable person would use in the same situation. Often it is simple: a motorist runs a stop sign, a truck driver stays on the road past federal hours limits, or a landlord ignores a broken stair. To win a case, an injured person generally must prove four things:

Duty — the other person or company owed you a duty of reasonable care.
Breach — they failed to meet that duty.
Causation — that failure caused your injuries.
Damages — you suffered real losses as a result.

Maryland’s Contributory Negligence Rule

Maryland is one of only a handful of jurisdictions that still follow the harsh doctrine of contributory negligence. Under this rule, an injured person who is found even slightly at fault for their own injuries can be barred from recovering anything. Insurance companies know this, and they look for any statement or fact they can use to shift a small share of blame onto you. That is why we urge injured people not to give recorded statements to an insurer before talking to a lawyer, and why careful, early investigation is so important in Maryland.

What Compensation Is Available?

Maryland allows compensation for past and future medical bills and lost income, and also for past and future pain and suffering. Depending on the case, damages may include:

Hospital, surgery, therapy, medication and future medical care
Lost wages and loss of future earning capacity
Pain, suffering, inconvenience and emotional distress
Permanent injury, scarring and disfigurement
Property damage, such as vehicle repair or replacement
In wrongful death cases, losses suffered by the surviving family

Maryland law places a cap on non-economic damages (such as pain and suffering) that is adjusted each year, so proving economic losses fully and carefully is especially important in the most serious cases.

Deadlines

Most Maryland personal injury and wrongful death lawsuits must be filed within three years. Claims against a county, a city or the State can require written notice within one year — long before the lawsuit deadline. Evidence also fades quickly, so it is wise to talk with a lawyer as soon as possible after an injury.

How We Build a Strong Case

Investigate early: we identify witnesses, obtain 911 recordings and video, photograph the scene and preserve vehicles and records.
Learn the medicine: we meet with your doctors, review every record and, when needed, prepare medical illustrations for the jury.
Use the right experts: accident reconstructionists, physicians and economists who can explain your losses clearly.
Challenge the insurer: we debunk shoddy police investigations and expose the flawed assumptions of insurance company “experts.”
Prepare for trial: insurers treat cases differently when they know the lawyer is ready and able to try them.

What Happens in a Personal Injury Case

Free consultation: we listen to what happened, review your documents and explain your options.
Investigation: we gather police reports, photographs, witness statements, video and records.
Medical treatment: your health comes first. We follow your recovery so we understand the full extent of your injuries before valuing the claim.
Demand and negotiation: we present the evidence and your losses to the insurance company and negotiate for a fair settlement.
Lawsuit, if needed: when an insurer will not be fair, we file suit, exchange evidence through discovery and take depositions.
Trial: we are prepared to present your case to a judge or jury.

Many cases settle, but the best settlements usually come when the insurance company knows the case has been prepared for trial.

Frequently Asked Questions

How much does it cost to hire you? Personal injury cases are handled on a contingency fee basis. You do not pay attorney fees up front; the fee comes from the recovery.

Should I talk to the other driver’s insurance company? Report the incident to your own insurer as your policy requires, but do not give a recorded statement to the other side before speaking with a lawyer.

What if I can’t get to your office? We make house calls for clients who are having trouble getting around.

For practical first steps after a wreck, read What to Do After a Car Accident in Maryland. If you or someone you care about suffered personal injury, please contact us or call 410-666-2200. We have the experience and ability to help.