Personal Injury Lawyer Maryland
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PERSONAL INJURY CLAIMS - A COMPREHENSIVE GUIDE
Witnessing your loved ones suffering due to the fault of the others can be extremely painful. Lawyers experienced in dealing with clients with similar problems can understand your grief and your desire to return to normalcy. On obtaining assistance from such lawyers in Maryland you will realize the complexities involved in a personal injury claim.
When the reality of your injury hits you, you will suffer extreme depression. Consulting experienced Personal Injury Lawyers in Maryland with a good track record will help you to stay strong and hopeful during these testing times. Personal injury lawyers in Maryland will provide you detailed information on how to proceed with your claim and how to make an accurate determination of compensation.
You have retained the best Personal Injury Lawyers of Maryland if your attorney indicates to you that your emotional distress and financial distress will be considered by the courts when fixing compensation. After an injury, the life for the victim is never the same. This change in the emotional well-being of the victim demands psychological counseling. Maryland Personal injury lawyers are aware that victims require counseling as well as legal advice. Based on their experience, they will hear you out completely and will also provide valuable suggestions on how to proceed with your case.
Personal Injury Lawyers of Maryland will thoroughly examine your case to recommend the best course of action for your case. You will also be informed about how the “at-fault party” should compensate you.
“But how do I bind the at-fault party?” would be your next question. On meeting highly proficient Personal Injury Lawyers of Maryland all your doubts will be addressed and you will be confident about facing your personal injury claim in Maryland. Therefore, it is best to get in touch with the Law Offices of SRIS P.C.
Our Practice Areas
DOES INJURY INCLUDE BOTH PHYSICAL AND MENTAL SUFFERING?
Lawyers in Maryland will explain to you that injury includes both mental as well as physical suffering. Such pain or suffering should be caused by another person’s negligence to take reasonable care or may be caused by the malicious acts of the other party.
Personal Injury Lawyers of Maryland describe Personal Injury Laws as that segment of Laws in Maryland which allows the victim to be indemnified for damage caused. Based on their immense experience in dealing with such matters, Maryland Lawyers will accurately estimate compensation. While arriving at such estimation, these lawyers take into consideration the cost of heavy medical treatment, the loss of earnings due to the inability to resume work, the resulting financial and emotional distress.
WHAT ARE THE DIFFERENT TYPES OF PERSONAL INJURIES IN MARYLAND?
On your first consultation with your lawyer in Maryland, you will be explained what are the different types of personal injuries in Maryland.
You will also be explained as to the type of personal injury your claim in Maryland will be categorized as.
Personal Injury Lawyers of Maryland will inform you that the claims may involve all of the following:
- Bodily harm caused
- Pain and suffering endured
- Emotional distress suffered
Personal Injury Lawyers in Maryland will explain to you as to how the pain and suffering endured by the victim is monetarily compensated by the courts.
A common man will be misled by the impression that determining the extent of emotional distress is highly challenging. However, for experienced Personal Injury Lawyers in Maryland, it is a simple task. For cases like yours, your Maryland lawyer may decide to retain experts such as mental health care professionals to certify the emotional distress you have suffered.
WHAT ARE THE DIFFERENT TYPES OF PERSONAL INJURIES IN MARYLAND?
After the accident in Maryland, you are sure to be depressed. You will want to make the other person accountable for the damages caused to you. Personal Injury Lawyers of Maryland will warn you that not all accidents are entitled to compensation. Your lawyer’s in-depth analysis of the facts leading to the incident is crucial in deciding whether you have a claim.
Before you proceed to claim compensation in Maryland, you should seek the legal help of the Personal Injury Lawyers in Maryland to examine whether the essential factors for a claim are present in your case.
The personal injury lawyer you hire for your claim in Maryland will patiently evaluate your case to analyze the following:
Were you harmed in the accident in Maryland?
If your answer is ‘yes’, then you can proceed to file a suit against the other party with the help of your Lawyers. Your Maryland Lawyer will warn you about the significance of satisfying the rest of the factors.
Personal Injury Lawyers of Maryland will tell that you have the right to sue the other party if two elements are concretely established. The two elements repeatedly emphasized by Maryland lawyers are that you have been caused harm and the harm was caused by the negligence of the other party.
Who acted negligently or maliciously?
Establishing blame for negligence is a crucial factor in a personal injury claim in Maryland. Personal Injury Lawyers in Maryland will apprise you that, only proof of negligence by the other party would make you eligible for compensation. To be more specific, for you to be indemnified, your lawyer will ask for proof that the accident occurred only due to the acts of omission or the malicious acts of the other party.
The burden of proof is the deciding factor in Personal injury cases. Your Maryland Personal Injury Lawyer will clearly explain about who bears the burden of proof in personal injury cases. The complex nature of injury claims is solely derived from the claimant’s duty to prove the claim. The burden to prove a breach of duty to exercise reasonable care rests with the victim.
Were you at fault too?
Another important factor that demands in-depth analysis is whether the claimant too was at fault. If you too were at fault, then proving your case becomes highly challenging. If the victim too was at fault, professional advice from best Maryland lawyers is the only reliable solution for the personal injury claim. You will be informed by the Personal Injury Lawyers in Maryland about the rule of ‘contributory negligence’. You must be wondering about the implications of this rule to your case.
Personal Injury Lawyers of Maryland will apprise you that the doctrine of contributory negligence comes in to play when the victim’s negligence contributes to the occurrence of the accident. You will also be shocked to know from your lawyer that Maryland follows the theory of pure contributory negligence. If the other party was less than 100 percent responsible for your injury, compensation will not be awarded. It takes a truly efficient lawyer to argue your case to establish you were not at fault and harm was caused solely by the other party.
Was the damage caused by the negligence of the other party?
To succeed in your claim, it is essential to prove that the careless acts of the at-fault person have caused you pain. With the able assistance of Personal Injury Lawyers of Maryland, if you establish that the other party is entirely at-fault, optimum compensation can be gained.
PERSONAL INJURIES - WHAT SUITS ARE ENTERTAINED IN MARYLAND?
On being approached for advice, Personal Injury Lawyers in Maryland at the Law Offices of SRIS P.C. will apprise you about the various personal injuries sustained by the victim:
- Suffering caused by auto and truck accidents
- Catastrophic harm such as severe harm caused to the spine or brain
- Food poisoning
- The harm caused due to the dangerous drugs
- The harm caused to Pedestrians
- Premises liability
- Medical malpractices
AGAINST WHOM ARE PERSONAL INJURY SUITS FILED?
Any Personal Injury Lawyers of Maryland you consult for your case will tell you that every individual in a society is required to diligently exercise the duty of care. Duty of care should be strictly abided to ensure the safety of public life and property. Personal Injury Lawyers of Maryland will inform you that if any person fails to adhere to the duty of care, such a person can be sued. You should also remember that the duty of care varies with professions and persons but the ultimate priority is public safety.
HOW DOES THE SETTLEMENT PROCESS WORK?
A victim is confronted with several queries about the settlement process. In this regard, the victim has doubts about whether he has a valid claim and what amount of compensation he is entitled to. The victim is not sure whether attorney fees are also included in his compensation.
All your doubts will get cleared on consulting Maryland lawyers who are experts in this field. You have retained the perfect lawyer if he speaks to you empathetically about your case. This meeting with your lawyer will bring you clarification on a lot of issues about your claim. You will be surprised to be informed by your lawyer that not all Personal Injury claims in Maryland are taken to the courts. A popular study indicates that only 5 percent of the victims file lawsuits for claims. This also indicates that all other claims are settled without litigation with the assistance of Maryland Lawyers.
Your Maryland Lawyer will tell you about how the settlement process is conducted. When your lawyer sends a notice of your claim, the other party will want to negotiate with your lawyer. In some cases, after you have filed relevant documents and reports with the courts the other party initiates’ negotiation of the claim. Also, your Maryland Lawyers negotiate with the insurance provider and come to a consensus regarding the claim amount.
If an agreement about the claim is not reached between the parties, the claim is litigated in Court. Once the matter is taken to the court, you can win the case only if your lawyer aggressively argues about the harm caused to you due to the fault of the other party. The jury hears both the parties’ arguments and delivers the verdict. Then the amount of compensation is finalized.
WHAT IS NOT A PERSONAL INJURY?
Accidents often occur abruptly and instantaneously resulting in severe suffering. The Lawyers of Maryland will tell you that only if you have been caused harm due to the fault of another person, you have a personal injury claim. A claim cannot be made merely because a relative or friend suffered emotional distress by witnessing the pain of a victim. Your lawyer will apprise you, if your acts have in some manner contributed to the accident, you cannot make a personal injury claim.
WHAT DAMAGES CAN BE RECOVERED IN A PERSONAL INJURY LAWSUIT?
Personal Injury Lawyers of Maryland will update you about your legal rights in a claim that has arisen due to the negligence of the other party. Your Personal Injury Lawyers of Maryland will clarify that you may seek damages from the other party for the following:
- Heavy medical treatment costs including anticipated future medical costs
- Pains and sufferings endured by you
- Emotional distress
- Loss of earnings or impairment due to your accident including anticipated future earnings
- Damage to property
- In the case of wrongful death, compensation to the family members for lost earnings of their loved one
Winning a claim solely based on emotional distress can be challenging due to the complex issues involved. Hiring Personal Injury Lawyers in Maryland is recommended as they retain experts to ascertain the right amount as compensation.
Personal Injury Lawyers in Maryland at the Law Offices of SRIS P.C. are resourceful. For every client who approaches them for assistance, they accurately examine the circumstances leading to the accident and work dedicatedly to provide a favorable outcome.
HOW IS LIABILITY ESTABLISHED IN A PERSONAL INJURY CLAIM?
The following factors have to be concretely established in Court to prove the at-fault party guilty of the carelessness acts:
- Existence of the duty of care being owed by the other party to you
- Evidence of deviation from the duty of care owed
- Evidence that the harm was caused only due to other party’s deviation from duty
- Proof that the accident would not have occurred had the defendant diligently exercised a duty of care.
It is practically impossible for a victim to prove the above-mentioned factors all by himself. Seeking legal expertise of Personal Injury Lawyers in Maryland is advisable.
IS THERE A LIMITATION PERIOD FOR PERSONAL INJURY CLAIMS?
You need to remember that all claims have a statutory limitation period and the same applies to claims. The Statute of Limitations establishes time limits on your right to file a suit. Be apprised from your Personal Injury Lawyers of Maryland that personal injury claims should be filed within 3 years of the occurrence of such an accident. Personal Injury Lawyers of Maryland will alert you on the time limit to file a suit for assault or defamation crimes which shall be restricted to one year of the occurrence of the event caused due to the malicious acts of the other.
WHAT IF THE DEADLINE HAS EXPIRED?
If you desire to file a suit in the MD courts, Personal Suffering Attorneys of Maryland will tell you about the importance of the Statute of Limitations. Not complying with the statutory deadline will lead to foregoing an advantageous position in seeking the claim. Personal Injury Lawyers of Maryland will warn you that filing the suit post the expiry of the time limit may lead to easy dismissal of the claim. Your Personal Injury Lawyers in Maryland will explain to you about those rare instances where the court condones delay in filing the claim.
HOW IS LIABILITY ESTABLISHED IN A PERSONAL INJURY CLAIM?
For these cases, the court will not dismiss the suit due to delayed filing. Some of those rare cases represented by PI Lawyers of Maryland include:
- Where the victim is a minor or is mentally incompetent, it is considered as an exception to the time limit prescribed in the Statute of Limitations. However, PI Lawyers in Maryland will caution you that this exception is available to the aggrieved only till the minor attains majority or in cases of mental incompetency till he/she becomes competent. For a minor victim, the time limit of 3 years will commence only from the date the said individual becomes a major, and in cases of mental incompetency from the date, he/she becomes mentally competent.
- If the defendant has by acts of fraud misled the claimant, the time limit is extended. One needs to prove that the defendant had intentionally committed certain acts to mislead the Plaintiff, to evade from legal proceedings. The time limit to file the injury suit will commence only from the date the victim comes to know of the fraud committed by the Defendant in concealing his accountability.
Our lawyers are aware that every case is unique requiring case-specific solutions. Our lawyers work carefully with each victim to chalk out a concrete claim for their injury. We also strongly believe there cannot be a common solution for all legal claims. Contact the Law Offices of SRIS P.C. for extraordinary solutions for your legal problems.