Personal injury claims are a way to recover just compensation for losses that were the fault of another party. After a crash, it’s highly advisable to consult a personal injury lawyer who serves the Gaithersburg and Rockville areas. When you watch this video, you’ll learn that turning to a personal injury lawyer offers you distinct financial advantages.
An insurance company may not necessarily offer the average person fair compensation for his or her accident injuries. However, when you have an auto accident attorney contact the insurance carrier on your behalf, the representative will know that you’re serious about recovering compensation. If a just settlement is not forthcoming, your Gaithersburg lawyer may file a personal injury lawsuit on your behalf.
Commercial trucks are such a common sight on the nation’s roadways that it’s sometimes easy for drivers to disregard them as potential risks. It’s also commonly thought that because commercial truckers are trained, professional drivers that they may be less likely to cause an accident. But unfortunately, truck accidents have claimed countless lives and caused catastrophic injuries. When a semi-truck accident occurs near Gaithersburg, the victims can contact a personal injury law firm for guidance. Personal injury claims can help victims recover compensation for their injuries, property damage, and other losses.
Considering Driver Negligence
When reviewing the police report, witness statements, and other evidence, the personal injury lawyer may determine that the truck driver was at least partially at fault for the accident. Truck drivers may be held liable for negligence if they drove while under the influence of alcohol or drugs, for example. Although federal law requires truck drivers to restrict their work hours and take regular breaks from driving, they’re still at a high risk of driving while fatigued. Truck drivers who are under pressure to rack up the miles for increased pay may use excessive speed or otherwise drive in a reckless manner. Personal injury claims frequently name the truck driver as defendant for all of these reasons.
Identifying Other Defendants
Truck accidents are different from auto accidents in many ways. For instance, personal injury claims that result from truck accidents often have multiple defendants. Perhaps in addition to the truck driver, the personal injury claim may name the trucking company or leasing company as defendants. The trucker’s employer may be found negligent for failing to train drivers properly, enforce hour limits, and inspect and maintain the truck. Sometimes, equipment failure is a factor in truck accidents. The manufacturer of parts for the truck may be sued for making defectively designed or manufactured parts. There are even cases where the goods loaded into the back of a tractor-trailer were loaded improperly, causing a “load shift” with a sudden loss of control by the driver.
Understanding Wrongful Death Claims
Due to the typically catastrophic nature of truck accidents, they can all too easily result in the loss of life. The surviving family members of the victims may decide to talk to a personal injury lawyer about filing a wrongful death claim. In these cases, the plaintiffs may seek compensation for the medical expenses and funeral costs of the decedent, along with the loss of support.
After an accident, it’s quite possible that the other party will attempt to deny fault for the crash or shift the blame to you. This may give you some problems when you try to recover compensation with a personal injury claim filed near Rockville. Personal injury lawyers strongly recommend taking a few minutes to gather critical information after a crash, including the names and contact information of any witnesses. Then, your personal injury lawyer can interview these witnesses and obtain their statements.
Witness statements can be used to support the allegations in a personal injury lawsuit. For example, if the other party rear-ended your car, he or she may try to claim that you stopped abruptly, or even backed up and hit them. A witness may be called to testify that you did indeed hit the brakes in response to a traffic hazard, but that the other party was tailgating you and wouldn’t have struck your car if he or she maintained a safe distance.
Even the most careful of teen drivers is at a higher risk of getting involved in an accident than other populations, simply because teens lack substantial experience behind the wheel. They may also be more likely to drive while using a cellphone or other electronic device, drive recklessly, drive while under the influence of alcohol or drugs, or drive while distracted by other teenage passengers. If a teen driver struck your car and you incurred financial losses, you can speak with a personal injury lawyer about your legal rights and options. Auto accident attorneys can file personal injury claims on behalf of Gaithersburg-area residents who have been injured by drivers of any age.
Filing a Claim Against the Minor
In criminal cases, young offenders may be tried as juveniles, in which case they may receive more lenient sentences than adult offenders. However, under personal injury law, teen drivers who behave negligently or recklessly are not afforded special protections simply because of their age. Your personal injury lawyer may file an insurance claim or a personal injury lawsuit directly against the teen driver. The lawyer may use evidence of the teen’s negligence, such as texting while driving, to help establish liability and recover compensation for your injuries and other losses.
Filing a Claim Against the Minor’s Parents
It’s less common for a personal injury lawyer to file a claim against the teen driver’s parents. This approach used to be standard practice under a doctrine known as vicarious liability. Now, however, it’s often necessary to demonstrate that the parents knew the child was likely to get involved in an accident, yet failed to stop the child from using the car. For example, the parents may have known that the child had a driving history that included speeding, running red lights, prior accidents, or driving while distracted. The child may also have a history of drug or alcohol abuse.
Filing a Claim Under the Family Purpose Doctrine
In some states, the family purpose doctrine may apply. This doctrine states that the owner of a car may be held liable when that car was being driven negligently by another family member. This doctrine only applies in cases in which the teen driver used the car with consent for any family-related purpose.
In medical malpractice claims, auto accident injury claims, slip and fall accident claims, and any other type of personal injury claim in Rockville , your personal injury lawyer will have to prove that the plaintiff is guilty of negligence per se. Negligence per se is a legal term that means that if the plaintiff violated a law or regulation, and that violation resulted in injury or death, then the plaintiff was negligent.
Watch this video for a legal definition of negligence per se. If your personal injury lawyer can prove negligence per se, then you will be entitled to an award or settlement for damages sustained due to the accident or injury.
If you’ve recently been the victim of an auto accident, you should consult with an experienced auto accident lawyer serving Gaithersburg . You may be entitled to file a personal injury claim and seek an auto accident settlement for financial, physical, and emotional damages sustained. Here is a guide to identifying your total damages after a car accident.
Emotional DamagesYour auto accident lawyer should seek damages for mental or physical distress when he files your personal injury claim. These damages may compensate for the emotional anguish at the time of the accident, as well as resulting mental pain and suffering after the accident. Examples of such pain and suffering may include depression, anxiety, phobias, insomnia, and stress. Emotional damages are calculated based upon the severity of the symptoms, the type of physical injuries suffered, the circumstances surrounding the car accident, and the likelihood of future mental pain and suffering.
Physical damages refer to any injuries you suffered as a result of the car accident. The damages that you may be awarded in your auto accident settlement will depend upon the severity of the injuries, the location of the injuries, your prognosis for recovery, and the affect that the injuries have on your professional and social relationships. For instance, if you have suffered from extreme, permanent facial scarring, you might be awarded more in physical damages than if you simply suffered from a broken bone. Physical damages include compensation for all medical expenses, including in-home care services.
Financial damages are damages that you suffered due to lost wages, or vehicle repairs that weren’t covered by your auto insurance. If your auto accident injuries were severe enough that you missed work, even for a brief period of time, you might be entitled to recoup your lost wages. If your injuries prevent you from working at all in the future, or prevent you from working in the field in which you’re specifically qualified, you may get a higher auto accident settlement.
If you or a loved one has hired a personal injury lawyer in Gaithersburg to file a personal injury claim or accident injury claim, you might be entitled to seek loss of affection damages. Loss of affection damages can be included in your personal injury settlement if you or your spouse was injured to the point that he or she can no longer show affection or participate in sexual activity.
Loss of affection damages are always sought by the uninjured partner in a personal injury claim or accident injury claim. Your wrongful death lawyer is also able to pursue loss of affection damages if your spouse or partner was killed due to negligence, intentional infliction of injury, or medical malpractice. This type of personal injury claim is known as a loss of companionship claim or a loss of society claim.
In order to determine whether a surviving family member should be awarded these damages in a wrongful injury case, the jury will consider whether the deceased had a harmonious relationship with the plaintiff, what their living arrangements were, and the overall effect that the death had on surviving family members.
If you have been injured in a commercial truck or semi-truck accident near Gaithersburg , you should contact a truck accident lawyer as soon as possible. A truck accident lawyer can help you navigate the complexities of truck accident law, which includes state and federal Departments of Transportation regulations and Federal Motor Carrier Safety Administration regulations. Here is a brief explanation of the role of federal law in truck accident cases.
Which Federal Agencies Regulate Truck Accident Laws?
Most elements of the trucking industry are regulated by both state and federal agencies. These agencies establish trucking laws and truck accident laws that may affect you if you are in a commercial truck accident or semi-truck accident. The federal agencies that regulate trucking and trucking laws are the U.S. Department of Transportation and the Federal Motor Carrier Safety Administration. Title 49 of the Code of Federal Regulations is the primary source of most federal trucking regulations.
What Areas of Trucking do Federal Laws Regulate?
Whether a truck driver operates in your state or elsewhere, he must follow federal laws and regulations for the industry. He must hold a valid commercial driver’s license at the time that he is operating a commercial truck or semi-truck. He is only permitted to drive for a certain amount of time in one stretch without stopping and taking a break. The amount of weight that the truck is legally allowed to haul is regulated based upon the size of the truck. The truck must be regularly inspected, maintained, and repaired according to federal safety and quality standards. There are also federal safety regulations associated with hauling hazardous materials.
How is Liability Proven in a Truck Accident Case?
Your truck accident attorney should be able to tell you if he thinks that he will be able to legally prove that the truck driver was responsible for your truck accident. This can be proven if the driver was negligent or was driving negligently, or if he or his trucking company violated any federal trucking or local traffic laws.
Truck accidents are often among the most deadly. If you’ve survived a truck accident, there’s a good chance you have serious injuries and significant property damage. Because truck accident cases tend to be much more complicated than car crashes, it’s essential to get in touch with a truck accident attorney in Gaithersburg. A truck accident lawyer can help you explore your options for recovering compensation for your medical expenses, pharmaceutical costs, lost wages, property damage, loss of earning capacity, and other damages.
Identifying Time Limits to Filing a Claim
Personal injury lawsuits, including truck accident lawsuits, are subject to statutes of limitations. These are time limits that typically begin on the date of the accident. In Maryland, personal injury claims are typically subject to a three-year statute of limitations. The same time period applies to wrongful death claims. This means that if you wait until after three years following the crash, you may forfeit your right to file a lawsuit. Unfortunately, the three-year time period can be deceptive. You might think that you’ve got plenty of time to think about filing a lawsuit; however, you’ll actually need to consult a personal injury lawyer as soon as possible after the crash. This is because trucking companies tend to dispose of records relating to accidents as soon as they are legally able to. Truck companies can dispose of certain records in as a few as 90 days after a crash. This means that if you wait to talk to an accident injury lawyer, thinking it might be a matter to handle on your own, there may be little evidence left to substantiate your claim.
Understanding Contributory Negligence
Most states apply the principles of comparative negligence for accident cases . Comparative negligence allows juries to adjust awards based on the percentage of fault attributed to the plaintiffs and defendants. Unfortunately, Maryland is not one of these states. Maryland personal injury law still uses contributory negligence, which means that if a plaintiff is found to be even slightly at fault for the crash, he or she is prohibited from recovering any compensation from a judge or jury. In other words, if a truck driver was intoxicated and was 99 percent at fault, you might still be barred from recovering compensation if you were found to be one percent at fault for the crash. It is very common for insurance carriers and defense attorneys to aggressively look for ways to portray an accident victim as partially negligent in their own right, in order to avoid any payment of a claim. A skilled personal injury lawyer can counsel you on the perils of the contributory negligence doctrine, and work to show that truck driver was entirely at fault for your losses.
It can be particularly challenging for a personal injury lawyer to litigate cases involving soft tissue injuries, given that these injuries are often not visible. There are two essential steps you should consider following an accident that inflicts soft tissue injuries. First, you should immediately go to the emergency room or urgent care center for a thorough evaluation. Inform the physician that you were just in an accident and make sure that this information is reflected in your medical record. Do not hesitate to ask the medical staff if imaging studies may help diagnose and document your injuries, such as MRI or CT scans. After receiving medical care, promptly schedule a consultation with injury attorneys to discuss presenting a personal injury claim near Rockville.
It’s imperative to consult a personal injury lawyer as soon as possible because there are deadlines for personal injury claims. Additionally, evidence may not be readily available after a certain point following the accident. This is particularly true of truck accidents, given that trucking companies may dispose of certain evidence after just 90 days. Arranging legal representation right away can improve your chances of securing compensation.
After receiving medical attention for your accident-related injuries, your next step is to visit a personal injury law firm in Gaithersburg. An experienced auto accident lawyer will review your case and offer sound guidance as to your legal rights and options. Sometimes, all that is needed to obtain just compensation is to have your auto accident lawyer negotiate a settlement with the insurance company. However, if your losses are substantial or the insurance company fails to offer a fair settlement, then your personal injury attorney may recommend filing a lawsuit against the insurance carrier .
When you watch this video, you’ll hear more about filing a personal injury lawsuit. This attorney strongly encourages viewers to consult a personal injury lawyer who has extensive experience dealing with insurance carriers. He also explains the factors your lawyer may consider when advising you of the merits of filing a lawsuit.
Personal injury claims near Gaithersburg can be quite complex. If you’ve sustained injuries, property damage, or other losses because of the negligence of another person, your best chance of securing compensation is with the help of a personal injury lawyer. You also have the right to consult a personal injury attorney if you’ve suffered the loss of a loved one because of someone else’s reckless or negligent actions.
Why do I Need a Lawyer?
Television shows and movies often glorify the act of representing one’s self in court, but this is rarely a good idea. Even if you aren’t sure whether you should file a personal injury lawsuit, you can benefit from the guidance of a personal injury lawyer beginning right after an accident. When you arrange legal representation, you’ll have the benefit of the lawyer’s in-depth knowledge of your legal rights and options. He or she will thoroughly evaluate your case, explain its merits, answer your questions, and help you understand the steps toward obtaining compensation. Depending on the type of accident you were involved in, your personal injury lawyer will negotiate with the insurance carrier on your behalf. Individuals who try to negotiate with insurance carriers by themselves are often given very low settlements. If negotiation fails to result in just compensation for your losses, your lawyer may file a lawsuit on your behalf.
Which Lawyer Should I Choose?
Typically, attorneys choose one or several areas of the law to focus their practice on, whether criminal defense, bankruptcy, family law, immigration, etc. It’s best to hire a lawyer who focuses exclusively on personal injury claims. In doing so, you have more assurance that the attorney has seen and handled your type of issue before, and that he or she is fully capable of successfully managing your claim. Before signing a retainer agreement with the lawyer, you may wish to ask about his or her track record of securing compensation for clients and how frequently they appear in court.
What Is the Initial Consultation?
Many reputable personal injury lawyers offer free case reviews or initial consultations. This first meeting allows you and the lawyer to get acquainted, assess the case, and discuss your legal options. The initial consultation also gives you the opportunity to decide whether the law firm is a good fit for you before signing the retainer agreement.
If you are hurt because of someone else’s negligence, you are entitled to personal injury protection near Gaithersburg . A personal injury lawyer will fight to make sure you have the right to be compensated.
If you suffer a personal injury in an accident, you may have the right to file a personal injury claim. A personal injury lawyer can advise you about the viability of your claim for damages. Even if you were partly at fault for the accident, you may still have the right to sue. Damages usually increase if you have substantial medical bills, have missed time from work, or will never again be able to work due to your injury. To find out more about your rights, schedule a consultation at a personal injury law firm.
Have you been hurt on someone else’s property ? If so, you need help from a slip and fall lawyer near Gaithersburg. Each case is specific, which is why it is essential to seek advice from a personal injury lawyer. To determine how much your slip and fall claim may be worth in general depends on whether the slip and fall caused your injuries, the extent of your injuries, and whether or not you bore some responsibility for the accident. Read on to learn more.
Causation of InjuriesTo evaluate how much your claim, your personal injury lawyer will first need to make sure that unsafe property conditions caused your injury. Whomever caused your injury likely carries insurance, and the insurance company will do everything they can to prove that your injury was caused by something else. For example, if you already had a bad back and claim that you further hurt your back after a slip and fall, your personal injury lawsuit will need to argue that this back injury can only be attributed to your fall.
Extent of Injuries
The extent of your injuries will also determine how much your claim is worth. If you had many doctor’s appointments, hospital visits, tests, and prescription medications, your claim will be worth more. If you are seriously hurt and had to miss work or will no longer be able to work to your full capacity, that also adds to the value of your claim. Finally, if you were traumatized and suffered psychological damage, your slip and fall lawyer may be able to secure more damages.
Causation of Accident
Finally, your personal injury lawyer will determine if your own negligence or illegal act played a part in the accident. For example, if you were trespassing on someone else’s property, you likely cannot recover damages. Additionally, even if you fell on a slippery patch of ice that a store owner was obligated to clean up, your claim will be worth less if a reasonable person would have seen the ice and been able to avoid it.
Many personal injury claims near Gaithersburg stem from dog bites. If you have been bitten by someone else’s dog, your personal injury lawyer can guide you through the process of holding the dog owner liable.
Each year, a personal injury attorney handles multiple claims from people who have suffered serious injuries as a result of dog bites. When you are hurt by someone else’s dog, his or her homeowners insurance company is responsible. Today, dog bite claims account for over one-third of homeowners insurance liability claims. Liability may be imposed because of a state law where a dog owner is automatically responsible for any injury or property damage caused by a dog. Liability may also arise if the owner was negligent in controlling a dog or if the victim can prove that the owner knew a dog was dangerous. As your personal injury lawyer will advise you, dog owners can also face criminal liability when their pets lash out.
If you have been hurt in a car accident , you should seek counsel from an auto accident lawyer near Gaithersburg. Personal injury law can be complicated, and only a personal injury attorney who regularly handles auto collisions can evaluate whether or not you may have a claim for financial damages. Continue reading to find out why you should not speak to the other driver’s insurance company, put off seeking medical care, or have your car fixed immediately after an accident.
Speak to the Other Attorney
Assuming you are in an auto accident with a truck or car driver who is insured, his or her insurance company will want to secure a statement from you as soon as possible. However, it is essential to hire a personal injury lawyer before you speak to any insurance company. Many people feel pressured to give a statement after an accident. Unfortunately, anything you say can and will be used against you in a trial. Only an experienced personal injury attorney can ensure that your legal rights are protected and that you do not accidentally admit to fault.
Put Off Seeking Medical Care
When it comes to accident injury claims, seeking medical care right away is important. Even if you are not sure that you are seriously hurt, it is vital to speak to a doctor and seek a comprehensive medical evaluation. Many injuries do not show symptoms until days or even weeks after an accident. In order to recover monetary damages and be reimbursed for medical bills, you should see a doctor immediately after an accident. You should also make sure to hold onto any bills.
Take Your Car in for Repairs
While you may understandably want to have your car fixed as soon as possible, having your vehicle serviced can make it more difficult for investigators to determine who is at fault. To make sure you are adequately compensated for any property damage or loss, a personal injury lawyer urges clients to only take a car in for repairs after fault has been conclusively established.
It’s a fact – Car and truck accidents often cause injuries. If you are involved in a car or motorcycle crash, it’s important to promptly consult an auto accident lawyer near Gaithersburg to ensure your legal rights are protected. Your personal injury lawyer will work with you to help you determine the facts of the situation and the types of damages you may be awarded in a personal injury lawsuit.
In this video, you will learn more about what to do after an auto accident, as well as what your auto accident lawyer can do for you. Following an accident, all the names and contact information of the individuals involved should be recorded, and statements taken on the scene by a police or other law enforcement official. Even if this process is not followed exactly, your personal injury attorney may be able to follow up with those involved to get the facts needed to present your case.
Regardless of a store’s size or notoriety, that store is responsible for taking reasonable measures to protect its customers’ health and safety. Slip and fall accidents are the most common types of injuries that occur in stores, although other injuries can also occur if the premises are poorly-lit or maintained. If you are injured while shopping in a store, you may be eligible to file a personal injury lawsuit near Gaithersburg for compensation.
Slip and Fall Accidents
Slips, trips, and falls are the most common accidents that occur while shopping in stores, and also a common basis for personal injury claims. These injuries may arise from a variety of conditions, including poorly-maintained flooring, cords or other tripping hazards, and even flooring damage or dangerous areas that are not properly marked. However, because a slip and fall accident can be a difficult legal case to pursue, it is imperative to work with an experienced personal injury attorney when filing a claim against a store to obtain damages for a slip and fall that occurred while in the property.
Falling Object Accidents
Another common personal injury that is likely to occur while shopping is an accident involving a falling object. Poorly-secured stock can easily fall from shelving, while old or unstable shelving units themselves may also pose a hazard to shoppers. Injuries can also occur while trying to reach items on shelves that are difficult to access, even with the help of an employee. Finally, even overhead signs installed by the store can topple or drop onto patrons. If you are injured by a falling object while in a store, your personal injury law firm can help you evaluate the conditions that led to the accident and file a successful personal injury lawsuit to receive the compensation to which you are due.
There are many potential hazards that can lead to accidents that cause minor or even major injuries while in a store. The best way to pursue a personal injury claim of this nature is to work with an experienced personal injury lawyer serving Gaithersburg to receive the prompt medical treatment and financial compensation you deserve.
While most individuals are familiar with accidents involving personal cars, trucks, or motorcycles, public transportation vehicles are also at risk for accidents as well. Bus and train accidents cause the same injuries and hardships that result from car and truck accidents , but seeking compensation is much more difficult without the help of an experienced personal injury lawyer serving Rockville. Every time you ride public transportation, the carrier assumes responsibility for your safety. Pedestrians and bicyclists sharing the roads with public transportation also have the right to safe conduct by bus and train operators. Thus, if you are involved in a public transportation accident, you may have the right to sue for compensation to cover lost wages and medical expenses associated with your injury. However, seeking compensation from a public transportation service is not the same as filing a normal personal injury lawsuit following a crash in which everyone involved is a private party. Many municipalities that operate bus, subway, or train systems have special immunities or “notice” requirements in place to limit their liability, or worse, extinguish your claim entirely if all of the special rules are not followed. This is why working with an experienced personal injury lawyer is so important—your lawyer will ensure you follow all necessary regulations and meet any required deadlines to file your case to avoid the most common causes of dismissal and help you receive the compensation you deserve.
Although motorcycle accidents are no more or less common than car and truck accidents, a motorcycle crash is more likely to cause serious injuries than a collision between two passenger vehicles. There are many possible causes of motorcycle accidents, including driver lapses, poor weather and road conditions, and even vehicle limitations that can increase the risk of a motorcycle crash under certain circumstances. If you have been involved in a motorcycle crash near Gaithersburg, it’s best to work with a personal injury lawyer to determine issues such as fault and damages due to help you recover from any injuries you may have sustained.
Poor Road ConditionsMotorcycles are more prone to accidents resulting from poor road and weather conditions than enclosed passenger vehicles. This is because motorcycles are both smaller and less stable than four-wheeled vehicles, and can be easily affected by potholes, cracks, slick conditions, and even debris or obstacles in the road. Driving in poor weather conditions not only further reduces motorcycle stability, but also reduces the visibility of the motorcycle to other motorists, which can increase the risk of a collision.
Distracted driving is a common cause of car and truck crashes, and also a frequent factor involved in motorcycle crashes as well. Car and motorcycle drivers who are distracted from the road, even momentarily, are more likely to cause an accident due to inattention. As a motorcyclist, it’s important to both pay attention to the road at all times and take notice of the drivers around you to determine whether distraction may keep them from noticing you. Car and truck drivers can benefit from avoiding distractions and constantly scanning the area around their vehicle for motorcycles, which can be easy to miss due to their small size and fast movements.
Studies have shown that a driver’s view of a motorcycle may be momentarily obscured by the standard pillars on the left and right edge of a windshield. So a driver who approaches a stop sign, and takes but a quick glance to the left or right, may not see a motorcycle approaching on the boulevard. Similarly, a driver intending to turn left across oncoming traffic, may not see an approaching motorcycle “hidden” behind the left pillar of the windshield.
Taking precautions when riding a motorcycle or sharing the road with motorcycles is the best way to avoid a motorcycle crash. If an accident does occur, contact a motorcycle accident attorney promptly for help with pursuing any personal injury claims.
If you have been hurt in an accident with a commercial truck, your first step should be to contact a truck accident lawyer . Truck accidents often result in personal injury claims, which, if handled promptly and professionally, can allow victims to be compensated for their injuries, expenses, and suffering.
Accidents with large trucks, like eighteen-wheelers or other large freight carriers, can result in catastrophic injuries. While truck drivers are typically pretty careful drivers, large truck crashes still occur. Sadly, semi truck accidents often result in death or very serious injury simply because the vehicles involved are so large. But a personal injury lawsuit can be successful even if the victim experiences a comparatively minor injury, like whiplash. In addition, a personal injury lawyer can help ensure that the truck driver, trucking company, and auto manufacturer are all potentially held liable.
Slip and fall lawyers regularly help victims get compensation after being hurt from falls in Gaithersburg, MD. While it may seem simple to prove that a property owner is at fault when someone is hurt on his poorly maintained property, personal injury law in this area is actually quite complex. If you have slipped on a floor, stairs, or ground that is slick or dangerous, here is how your attorney can prove the property owner’s fault.
The first step in proving fault involves showing that a property owner failed to act carefully. In short, the injured party and his/her slip and fall lawyer have to show that the property owners did not take reasonable steps to ensure that the property at issue was free from dangerous conditions. For example, an owner at an apartment complex who fails to provide any snow removal or sidewalk treatment after a snowstorm might be liable to tenants who fall and sustain an injury. Even where a landlord claims not to have known about a dangerous condition, such as a rotting board on a staircase, they can be held responsible for an injury if it can be shown that the landlord failed to conduct inspections of the property over time which would have revealed the dangerous condition.
A personal injury lawyer needs to show that the property owner did not meet the standard of reasonableness under the law. The property owner does not have to guarantee the safety of all persons on the property but must meet a standard of reasonableness in keeping the property safe. For example, if a patron in a grocery store slips and falls on a grape that was just knocked from a produce display, the property owner will argue that this was an unpredictable event and that it would be unreasonable to require all grocery stores to post employees at the end of each aisle to constantly watch for random spills. The court will often look to whether the owner met an industry standard for safety, staffing or inspections.
Finally, a personal injury lawyer will need to show that the property owner bears sole responsibility for an accident. Maryland and D.C., along with just two other states across the country, still adhere to the old and disfavored “contributory negligence” standard. This means that if the plaintiff contributed to an accident through his or her own negligence, no matter how slight, the plaintiff will be totally barred from any recovery. For example, if a store positions a display table so the leg sticks out into the aisle, causing someone to trip and fall, the store owner will argue that even if its employees were negligent, the shopper contributed to the incident by not watching where they were walking. If the plaintiff can be shown to have been just 1% negligent in an incident, their claim is barred and the 99% negligent property owner owes nothing. This harsh rule has defeated numerous slip and fall and other injury claims and left seriously injured citizens owing substantial medical bills and lost wages, with no recourse against the parties primarily responsible. This reason alone should be an incentive for every person who has sustained a slip and fall injury to contact an experienced attorney immediately after such an incident to fully understand their legal rights and prepare the best case possible.
If you have recently lost a loved one due to another’s negligence, you should contact a wrongful death lawyer near Rockville or Gaithersburg. While losing a family member is an understandably overwhelming event in anyone’s life, you deserve to have a personal injury lawyer who will fight for your right to compensation.
Every day, people die in car and truck accidents, plane crashes, boating accidents, property accidents, and due to medical malpractice. Most lay-people are only generally familiar with the term “wrongful death.” But wrongful death lawyers are familiar with two distinct legal claims. The first is a wrongful death claim brought by family members seeking compensation for damages such as loss of consortium, loss of support and loss of expected financial contributions the deceased would have made to the family had they lived. The second kind of claim is called a survival action and is generally brought on behalf of the decedent’s estate by the estate’s executor or personal representative. Compensation in these cases is for the pain, suffering and other losses suffered by the victim.
Car accidents affect millions of people each year, and while some accidents are minor, others lead to serious injuries and loss of wages. What factors contribute to these frequent accidents? Distracted driving, including mobile phone use, is a major issue, as is driver fatigue and driving while intoxicated. Whatever the cause of an accident, the steps you take after one occurs can make a big difference in your ability to get compensation for your damage and injuries. After getting any necessary medical attention, be sure to call a lawyer before you consider any settlement offers. Find out more about car accidents in this infographic from Sussman & Simcox: Attorneys at Law. We assist clients with personal injury claims in Gaithersburg, and we can protect your rights throughout the personal injury settlement process. Contact us when you need a lawyer to assist you with a personal injury claim, and please share this information with your friends and family.
A truck accident lawyer regularly handles legal claims from individuals who have suffered serious personal injuries in Gaithersburg and Rockville. When it comes to truck accidents, the law is often even more complicated than it is with average accident injury claims. This complication stems from the fact that truck accidents involve more people, from the truck driver to the company that employs him. Keep reading to find out more about truck accident responsibility.
When a semi-truck accident results in personal injury, numerous parties are almost always involved. Semi truck accidents can implicate many players, including the driver, the owner of the truck, the company that leased the truck, the vehicle manufacturer, and the shipper or loader of the truck’s cargo. Each party is covered by different insurance, and each insurance company generally has different truck accident attorneys, making such accident claims even more complicated.
To avoid liability, each party will often attempt to blame the others for the accident. A truck accident lawyer can help determine who actually bears legal responsibility for an accident—and who owes compensation. For example, a truck company might claim that an accident was caused by defective brakes. But the brake manufacturer might blame the leasing company, arguing that the organization failed to maintain the brakes properly.
Trucking companies today have a much more difficult time avoiding liability, making it a bit easier for personal injury claims to be properly compensated after a truck accident. These big companies formerly attempted to escape liability by blaming a driver entirely. But new federal laws have made all companies owning trucking permits responsible for an accident involving any truck with its placard. That means that trucking companies can no longer pretend that their drivers are simply independent contractors for whose actions they cannot be held legally liable.
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