Some of the leading causes of preventable fatalities and injuries in the United States include poisoning, medical malpractice, slips and falls, workplace injuries, and motor vehicle accidents. If you were harmed by the actions of a third party, you can seek compensation for your damages. Medical treatment can be prohibitively expensive, and injuries can prevent you from earning a living and providing for your family. Compensation for your damages can help keep your family afloat while you recover from your accident.
To learn more about personal injury law and for a free and comprehensive evaluation of your case, call the Law Offices of Adam M. Smallow at (410) 777-8960. Based on the specifics of your case, our Hyattsville personal injury lawyer can help you gather evidence and file a compensation claim if you have grounds for one.
The Anatomy of Personal Injury Cases
According to the Centers for Disease Control and Prevention (CDC), unintentional injuries led to almost 30 million emergency department visits in the United States in 2017.
To successfully file a personal injury claim or lawsuit, you must:
Understand how your accident occurred
Quantify your damages
Identify the at-fault party
We discuss each of these steps below.
How Accidents Occur
Below are some of the more common causes of personal injuries.
Slips and falls: slips and falls often occur in private homes, workplaces, on the road, on the sidewalk, in places of business, in hospitals, and in nursing homes
Motor vehicle accidents: these include collisions involving large trucks, passenger cars, motorcycles, bicycles, and pedestrians, as well as private property and roadside signs and fixtures
Workplace accidents: falls, getting caught in or in-between machines or objects, electrocutions, overwork, chemical and thermal burns, repetitive stress injuries, and being struck by objects are some of the leading causes of workplace injuries and deaths in the United States
Nursing home accidents: the elderly residents of nursing homes are disproportionately at risk for slip and falls, choking, developing various infections, and suffering from malnutrition and dehydration
Medical malpractice: caregiver mistakes, surgical errors, incorrect test interpretation or reporting, and drug errors can cause fatalities and long-term health complications
Property accidents: slips and falls, falling objects, machine accidents, and product liability issues are all common components of property accidents
Quantifying Your Damages
After determining the cause and type of accident that you suffered, you must quantify your damages. Common bodily injuries that accidents can lead to include:
Head, neck, back, and brain injuries
Broken bones, fractures, and torn nerves and muscles
Eye, face, and dental injuries
Amputations and disfigurement
Lacerations, abrasions, and scarring
Varying degrees of paralysis
Death
Other damages you may suffer after a personal injury include:
Loss of income
Loss of earning potential
Property or vehicle damage
Incidental expenses related to your accident
Burial/funeral expenses
Loss of consortium/loss of company
You can use wage slips, salary statements, vehicle repair estimates, medical treatment invoices, and similar forms of proof to show the economic losses you suffered because of your accident. An attorney may be able to assist you with quantifying your non-economic losses, such as pain and suffering and loss of consortium.
Contact the Law Offices of Adam M. Smallow at (410) 777-8960 to learn how our Hyattsville personal injury lawyer can assist you with evaluating your damages so you can file a claim based on losses you suffered in an accident.
Identify the At-Fault Party
The at-fault party for any accident is the party whose actions–or whose negligent inaction–led to an accident. Many different parties can be held liable for your damages, based on the specifics of your case. For example, depending on how your accident occurred, an at-fault party liable for damages can be:
Your employer
A vehicle operator
A vehicle owner
A service or maintenance team
A municipal office responsible for road maintenance
A product manufacturer
A doctor, nurse, nursing home staff member, or nursing home administrator
A business operator
The owner or operator of property on which an accident occurred
In addition to correctly identifying the at-fault party and gathering evidence of your damages, you must establish a link between the accident that occurred, the losses you suffered therein, and the actions of the at-fault party. When you have all the evidence needed, you can file your claim.
Filing a Claim
You can file a claim by submitting your evidence and a demand letter to the insurer of the at-fault party who caused your accident. If the insurance company accepts your claim, you should be paid, and the case is closed. If, however, your request is denied, you must file a complaint with the relevant court to initiate what is called the discovery process. During this time, the court will investigate your claim to see if you have grounds for a claim and if you were unfairly refused compensation.
Based on the court’s investigation, you may either be denied again or win the case. During this time, the insurance company may reach out to you for your settlement. An attorney can help you during settlement negotiations to help you work toward securing the maximum compensation allowable by law–based on the strengths of your claim and the type and extent of the various damages you suffered.
Contact Us to File a Lawsuit
As per the 2019 Maryland Code Statute §5-101, you have three years in which to file a lawsuit for personal injuries, starting from the date at which your accident occurred or your injuries were first identified. Missing your filing window can lead to a forfeiture of your right to seek compensation.
This is where the Law Offices of Adam M. Smallow can help. Call us at (410) 777-8960 to learn more. Our Hyattsville personal injury lawyer can help you obtain the compensation you are entitled to.
