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.
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.
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.
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.
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 snow storm might be liable to tenants who fall and sustain 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 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.
Pharmacy errors happen every day. Unfortunately, when pharmacists make mistakes, the results can be disastrous for Gaithersburg residents who rely on prescription medications. Lawyers in Gaithersburg regularly counsel clients who have suffered personal injury due to pharmacy error.
Most of these injury and accident cases are caused by a combination of circumstances, including overreliance on assistants, similar shapes, sizes, and colors of medications, a busy counter, and the repetitive nature of pharmacy work itself. These mistakes can cause individuals who are already sick to become even more ill. For example, a diabetic may be prescribed an inappropriate amount of insulin, or a bronchitis patient may receive too high a dose of antibiotics. While overdoses are common, patients may also suffer side effects, allergic reactions and withdrawal symptoms when they are prescribed the wrong medication. Sadly, personal injury lawyers report that the elderly are all too often the victims in personal injury cases that stem from completely avoidable pharmacy errors.
If you file a personal injury claim in Gaithersburg , your insurance carrier may try to offer a settlement to resolve your case. Many people will be tempted to take early offers put forth by an insurance company, but that may not always be the best idea. Watch this video to learn more.
Insurance companies are profit-driven organizations, and are therefore motivated to reduce their expenses. One key way that these companies try to reduce expenses is by paying out the smallest settlements they can. To ensure that you receive a fair payout from your insurance carrier, rather the sum that they initially offer, consult an attorney with experience in personal injury and insurance claims immediately after an accident, who can give you professional guidance through the claims process.
If you have been wrongfully injured in a car, truck, or motorcycle accident near Gaithersburg, you might consider contacting a personal injury lawyer to help you seek compensation for medical care and other damages. While every personal injury case will be unique depending on the individual circumstances, there are some general procedures that you can expect during a case. Read on to get a closer look at the components of a personal injury case.
Your immediate priority should be to seek appropriate medical care, though you will want to make sure that your care is well-documented to be sure that all the details are available when you contact an attorney.Attorney Consultation
Most personal injury lawyers will offer a free initial consultation to discuss the viability of your case. If you do decide to pursue a case, your lawyer will gather details about the accident and your injuries or the injuries/wrongful death of a loved one you are representing. Most often, the legal fee in a personal injury cases will be based on a percentage of the settlement or trial verdict, meaning that upfront legal costs are not a factor and should not hold you back from seeking the representation you deserve.
Demand and Negotiation
Once your attorney has assembled all documentation of your injuries and losses, a demand will be made to the defendant’s insurance carrier. Typically, a claims adjustor will review the demand materials sent by your attorney. Negotiations then commence to try and settle the case outside of court. In many cases the claims representative will first request additional information about your health history or wages before completing an evaluation of your claim.
While most personal injury cases settle outside of court, there remain a large number of cases where a settlement may not be reached in negotiation. In these situations, your lawyer will file a lawsuit, which will commence the process of discovery. This process entails the gathering of information through depositions, document collection and review, medical examinations, and other exploration of the liability and injury issues in a case. As discovery is wrapping up, the case may be sent to mediation, which will be followed by a trial if a settlement is still not reached.
Car accident claims often prompt insurance companies to call those parties involved and demand a recorded statement. However, it’s essential to understand your rights in a personal injury claim and whether you are required to give a statement regarding the incident or your injuries. Contacting a lawyer serving Gaithersburg and Rockville before giving a statement is your best course of action to prevent making unintended statements that could hurt your personal injury claim.
This video explains that insurance companies often try to obtain recorded statements immediately after an accident, before you have seen a police report or spoken with an attorney. While some insurance policies do require you to give a statement, in many cases you are not required to submit a recorded statement—your personal injury lawyer can help you determine whether a statement is needed and how to address the questions you will be asked to best aid your personal injury claim.
Personal injury cases determine, in the eyes of the law, the cause of an injury and where the fault for that injury lies. If you have suffered an injury at work, in an automobile accident, or in a location where the owner is responsible for your safety and well-being, you have the right to file a personal injury claim in Gaithersburg area. Personal injury claims can be difficult to navigate on your own—hiring an experienced personal injury lawyer is the best way to ensure your case is handled properly for the outcome you deserve.
While some personal injury claims are clear-cut, others are complex. Such complex cases include car accidents involving multiple vehicles and medical malpractice claims. In these cases, other parties may try to minimize or even outright deny their fault. These types of cases should never be handled on your own—instead, you need the experience and legal expertise of a lawyer to navigate the complexities of the situation and show the true fault that led to your injury.
Personal injury cases can be stressful, especially if you or a family member has suffered a serious injury that has affected your health and lifestyle. Hiring an attorney to handle your claim means you won’t need to worry about how to best present your case or show the other party’s legal responsibility. Additionally, you won’t need to put in the time and legwork to compile the facts, especially if you are hospitalized or working. Choosing to work with an attorney means you will be able to focus on recovery while knowing your best interests are in good hands.
If you are making a personal injury claim against your city, state, or even the federal government, you need the help of a personal injury lawyer. A personal injury claim against the government can be impossible to pursue without following the right legal procedures to the letter, often within a very short period of time. Your lawyer will know exactly how to handle your claim to ensure proper compliance for a successful claim.
Filing personal injury claims after suffering a car accident injury in Gaithersburg or Rockville can help you recover compensation for your losses following a rear-end collision . However, there are steps you can take to reduce your risk of car and truck accidents. As a general rule of thumb, leave at least one car length of space for every 10 mph between your vehicle and the vehicle ahead of you. If a vehicle is following you too closely, switch lanes if possible or consider pulling over to let the vehicle pass you.
As you’ll learn when you watch this video, personal injury claims often arise because many drivers become careless when the gaps between vehicles remain consistent. In other words, drivers are more likely to take their eyes off the road when the vehicle ahead of them maintains a steady speed. Unfortunately, complacency can easily lead to a rear-end collision, as the car ahead can suddenly brake when the rear driver has glanced away.
Unfortunately, serious accidents can occur regardless of the precautions you take to keep yourself safe. If you’ve been injured as a result of the negligent or reckless actions of another person, it’s imperative that you contact a personal injury lawyer serving Gaithersburg and Rockville immediately. The longer you wait to file personal injury claims , the greater the risk that the evidence will be compromised. By contacting a personal injury lawyer immediately, you stand a better chance of recovering compensation for your past, present, and future medical bills, including diagnostic tests, medical procedures, medications, co-pays, and any home medical supplies you may require. Early legal advice can also help you avoid making choices that can hurt your claim, such as giving recorded statements, or waiting a month before seeking medical care in the hope you might get better.
Personal injury cases often involve other types of damages in addition to medical expenses. Your lawyer could help you recover compensation for the wages you lost while you were recovering from your injuries. You might also seek compensation for your loss of future earning capacity, disability, disfigurement, pain and suffering, and emotional anguish. In some cases in which the defendant’s alleged actions were particularly egregious, your personal injury lawyer may seek punitive damages.
If you’ve been injured on someone else’s property, you could have grounds for a slip and fall complaint. A personal injury lawyer serving Rockville, MD, can review your case and determine if someone could be held liable for your medical expenses, lost wages, and other damages. Personal injury claims based on premises liability may arise from accidents at retail stores, parking lots, sidewalks, hotels, and office buildings. To obtain a favorable resolution of these types of personal injury cases, your lawyer must prove that you suffered damages as the result of someone else’s negligence.
In some cases, the owner or manager of the property may have created a hazardous condition and failed to resolve it or warn of it before you incurred injuries as a result. Other personal injury cases are based on the failure of the property owner to rectify a hazardous condition that he or she knew or should have known about. It is also possible to base a premises liability lawsuit on the allegation that your accident was reasonably foreseeable due to the nature of the property.
The purchase of a consumer product generally comes with the assurance that it is safe with reasonable use. However, items ranging from fresh produce to furniture to children’s toys cause serious and even life-threatening injuries each year. If you or a loved one has been hurt because of a defective or unsafe product, you may have a valid personal injury claim, and a lawyer in Gaithersburg can help you attain your rightful damages. Product liability claims typically assert that negligence was involved in the design, construction, or distribution of a product. For instance, even if a product is generally safe, if it does not come with adequate instructions regarding proper usage, you may have a product liability claim because of this omission of information. Harm incurred from a defective product can result in long-term disability or loss of life. It can also lead to severe financial distress for families who have costly healthcare bills and no income to pay for them. A personal injury lawyer can see to it that you receive a fair personal injury settlement for your suffering and financial losses that can alleviate your monetary strain.
Usually arising in personal injury claims, premises liability governs cases where the injury resulted from an unsafe or defective condition on someone’s property. In order for a personal injury lawyer to prevail in a premises liability claim, he or she must show that the property owner was negligent in owning or maintaining the property. This means the injured party must be able to prove that the property owner knew or had reason to know that the property was in an unsafe condition and didn’t take the proper steps to fix the situation or to warn of the danger.
Slip and fall
Slip and fall accidents are some of the most common personal injury claims involving premises liability. They are also some of the most straightforward, as they involve situations where the injured party slipped or tripped on another’s property. Common conditions that can lead to slip and fall accidents include defective staircases, accumulation of ice or snow, wet floors, unsecured carpeting or spills. Injury victims can also bring premises liability claims when the accident involved loose or broken floors, sidewalks, or steps.
Inadequate building security
Offices building owners and apartment owners have a duty to reasonably secure building access for employees and tenants. This duty is the reason why many apartment buildings have doormen and why many office buildings have security guards. Small apartment buildings may satisfy this duty with rules requiring tenants to keep the front and back doors locked. If an owner fails to provide adequate security and an injury results, the victim should consult with a personal injury lawyer serving Gaithersburg. If the lawyer is able to show that the building owner didn’t take reasonable steps to secure the building, then he or she may prevail in a premises liability claim, even where the injury was caused by a criminal who had entered onto the property.
Swimming pool accidents
Cases of swimming pool accidents usually involve children and unsupervised or unsecured pooling areas. Most states require swimming pools to be fenced with a locked gate. If someone using the pool fails to lock that gate, or the locking gate has fallen into disrepair, then he or she can be held responsible for subsequent personal injuries in a premises liability case.
Even though all drivers need to exercise caution, truck drivers need to be especially aware of the dangers presented when operating large, unwieldy vehicles. For truck drivers, even minor driving errors, such as not signaling before passing another vehicle, can lead to a catastrophic accident and subsequent personal injury claims . One way for truck drivers to prevent such accidents is by identifying the most common causes of truck accidents.
Truck accidents caused by passenger vehicle drivers
“Passenger vehicles” primarily refers to other cars sharing the road with commercial trucks. In personal injury claims involving collisions between automobiles and commercial trucks, the car drivers are sometimes at fault. The most common mistake car drivers make when interacting with commercial trucks is failing to understand the truck’s performance capabilities. These include the truck driver’s limited ability to brake quickly or see other vehicles sharing the road. In addition, car drivers often commit unsafe acts that result in truck accidents and personal injuries . For example, cars sometimes drive in the “No-Zone,” the areas behind and beside a commercial truck where the truck driver has very limited visibility. Car drivers also tend to change lanes suddenly in front of a truck or maneuver to the right of a truck when it is making a right turn. Other personal injury cases involving trucks result from drivers misjudging a truck’s speed and making a left turn at an intersection.
Truck accidents caused by commercial truck drivers
Commercial drivers receive specialized training, so most are skilled and patient drivers. However, there are characteristics inherent in the business that can lead to car accidents. For example, some drivers are subjected to systems of compensation that encourage faster vehicle speeds or more hours of continuous vehicle operation. These work incentives can lead to truckers pushing their limits and making careless mistakes to drive faster. Our personal injury lawyers serving Gaithersburg have also handled cases of inadequate training of drivers in regards to driving technique, safety concerns, and defensive driving maneuvers. If a commercial truck driver may be at fault for an accident, the auto accident victims should consult with a personal injury lawyer.
For a successful personal injury claim involving a slip and fall accident, a lawyer must prove that the property owner or manager knew or should have known about the hazardous conditions and either failed to take appropriate corrective measures or to warn others of the hazard. Since this can be challenging, it’s imperative to work with an experienced personal injury lawyer serving Gaithersburg who has handled plenty of similar personal injury cases.
Hazardous Walking Surfaces
The majority of slip and fall accidents are caused by walking surfaces that posed slipping or tripping hazards. There are a number of factors that can create a hazardous walking surface. For example, a shopper might slip and fall on a wet floor at a retail business because an employee failed to set out a “wet floor” sign. Tenants might trip in an apartment building because the carpeting is torn and was never replaced or fixed. Likewise, loose floorboards, defective staircases, and even potholes in a parking lot could cause a slip and fall accident that may lead to a personal injury claim. Another common cause of these accidents is debris on the floor. It’s easy to trip over boxes or other debris, especially if the lighting in the building is inadequate.
Slip and fall accidents don’t always happen indoors. They often occur as a result of hazardous conditions outside due to the weather. Municipalities and property owners have a legal responsibility to maintain the safety of sidewalks, walkways, and steps by shoveling snow and spreading salt as needed. Commercial property owners may also have a duty to promptly clean up chemicals, oils spills, or other slippery conditions. If you injure yourself after falling due to slippery pavement, you may have the grounds for a personal injury claim that needs to be promptly and carefully explored.
Slip and fall accidents often happen at the workplace. Worksites for industries such as construction and manufacturing are particularly hazardous, as workers must often walk on hazardous surfaces or work on scaffolding. Employers have a responsibility to provide their workers with the proper training to help them avoid slip and fall accidents and to implement procedures to promptly clean up hazards created by co-workers at the jobsite. When they fail to do so and an accident occurs, an employer or co-worker may be held liable for the damages.
Here are five helpful resources to help you learn more about personal injuries related to premises liability and auto accidents. For more information on pursuing a personal injury claim in Silver Spring, contact Sussman & Simcox by calling (301) 840-0404.
- To further understand terms that you may hear while dealing with insurance claims for your injury, visit the insurance law dictionary on Duhaime.org.
- To learn more about how auto accidents can harm your brain, visit this page from the Traumatic Brain Injury Survival Guide.
- For information on some common back injuries associated with car accidents, check out MedlinePlus.
- Whiplash is one of the most common types of car accident injuries. Learn more at MedicineNet.com.
- Here’s a page from the University Of Wisconsin on how to avoid slip and fall accidents around your home or workplace.
Some companies and individuals think that they can get away with negligence. However, skilled personal injury lawyers like Sussman & Simcox are available to defend victims of negligence and force the perpetrators to face the consequences. For more information on personal injury including how attorneys are looking to claim damages from the Costa Concordia cruise crash, take a look at these additional links:
- Do you want to learn more about medical malpractice ? Visit this page from the Insurance Information Institute.
- For more information about state and county laws, visit the website for the Montgomery County Circuit Court.
- Victims of the recent Costa Concordia disaster are going to be awarded thousands of dollars in damages. Read this article from BreakingTravelNews.com to learn more.
- Do you want to learn more about tort reform ? Read this article from the Economist.
- Do you think that you’ve been a victim of fraud? Take a look at the Federal Bureau of Investigation’s list of common fraud schemes .
Dealing with the insurance companies is a struggle you don’t have to deal with. Let us deal with them for you. For more information, call the Silver Spring law office of Sussman & Simcox at (301) 840-0404.
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