If you have been injured in an accident caused by another party’s negligence in Pleasant Hills, Maryland, the Law Offices of Adam M. Smallow may be able to pursue compensation on your behalf. Our firm welcomes many types of personal injury cases, including:
- Truck accidents
- Car accidents
- Motorcycle accident
- Boating accidents
- Premises liability
- Medical malpractice
- Wrongful death
- And more
The Law Offices of Adam M. Smallow understands that accidents like these can have lasting impacts on victims and their families. When a Pleasant Hills personal injury lawyer from our firm represents you, we can handle all legal work in your case so you can focus on healing.
If you would like a free consultation on your case with a member of our team, call the Law Offices of Adam M. Smallow today at (410) 777-8960. We may be able to handle your case on a contingency-fee-basis, where you do not owe us attorney fees unless and until we help you recover compensation in a settlement offer or court award.
Proving Negligence in a Personal Injury Case
Personal injury lawsuits in Maryland are generally based on negligence—that is, the idea that the other party’s failure led to your injuries. Whether your injuries occurred in a slip and fall accident, a car accident, or a case of medical malpractice, proving the responsible party’s negligence may allow you to recover compensation for your damages.
As in other states, there are several elements that go into establishing negligence, but they boil down to this: you typically must prove that the defendant failed in their “duty of care,” and this failure caused you physical or financial injury.
Duty of Care
The first element of negligence a plaintiff must establish is that the defendant owed them a duty of care—in other words, that they had a responsibility to act with reasonable care when in a situation that could potentially cause harm. A common example would be a store owner who has mopped a floor and knows that people could potentially slip and fall while it is still wet. Reasonable care may warrant placing sign warning shoppers of the risk.
Breach of Duty
Having shown that the defendant had a duty of care, the next element is proving that they failed in that duty. To continue our example, the store owner failed to put up a sign warning shopper of the wet floor.
Cause of Harm
After demonstrating that the defendant both had an obligation to act responsibly and failed to do so, the plaintiff must then show that this failure led to their injuries. In our example, a shopper would have to prove that they slipped on the wet floor, injuring themselves.
Finally, after showing that the defendant’s breach of care led to injuries, the plaintiff has to establish that these injuries led to a financial loss. To finish our example, then, the shopper would have to show that the injuries they sustained as the result of the fall at the store cost them medical expenses, time out of work, and/or less tangible things like pain and suffering.
A Pleasant Hills personal injury lawyer from the Law Offices of Adam M. Smallow can gather evidence to demonstrate these elements in your case when we represent you. To discuss your case for free with a member of our team, call us today at (410) 777-8960.
For legal consultation with a attorney in Pleasant Hills, call (410)777-8960
Contributory Negligence in Maryland
Maryland is one of four states, plus Washington, D.C., that adheres to the “contributory negligence” standard, as opposed to the more common comparative negligence standard.
In essence, contributory negligence means that if a defendant can prove that you are 1% at fault for the accident, you cannot recover any amount of compensation for your injuries. In states that use the comparative negligence standard, the amount of damages you can recover is typically reduced in proportion to the degree to which you are deemed at fault. For example, if a court in a comparative negligence state decides you are 10% at fault for an accident, it will reduce the compensation you receive by 10%, whereas in Maryland, you would get nothing.
The Law Offices of Adam M. Smallow can produce evidence that demonstrates the full extent of the responsible party’s liability when we represent you.
Personal Injury Attorney (410)777-8960
Recoverable Damages in a Personal Injury Case
The recoverable damages available in a personal injury case or lawsuit depend on the nature of the accident, the injuries the victim experiences, and other factors. In general, these damages may include:
- All medical costs, both current and future
- Lost wages
- Reduced earning capability
- Property damage
- Pain and suffering
- And more
An alternate set of damages may be available in a wrongful death case.
The Statute of Limitations in Maryland
According to Maryland Courts and Judicial Proceedings § 5–101, personal injury lawsuits in Maryland generally must be filed within three years of the date of the accident. When it comes to medical malpractice lawsuits, the deadline is generally three years from when the injuries are discovered or five years from when the injuries occurred, whichever comes first, per Maryland Courts and Judicial Proceedings § 5–109.
If you allow the statute of limitations to expire in your case before taking legal action, it could mean that your lawsuit gets dismissed.
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Give the Law Offices of Adam M. Smallow a Call Today
A Pleasant Hills personal injury lawyer from the Law Offices of Adam M. Smallow may be able to handle all aspects of your case when we represent you. Let our team roll up their sleeves and fight for your compensation while you focus on healing.
Call (410) 777-8960 for your free consultation with a member of our team. We can discuss your accident, your legal options, and our services during this call.