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.
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.
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.
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.
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.
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.
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.
When buying or renewing car insurance, most people naturally look for places to save money. But when you buy insurance, Rockville personal injury attorneys suggest paying special attention to PIP and uninsured motorist coverage.
PIP stands for personal injury protection and is no-fault coverage designed to pay immediate medical expenses and lost wages after an accident. Individuals apply for these benefits from their own insurance companies and they are payable regardless of who caused the accident. Minimum coverage is $2,500 in benefits, which generally covers an emergency room visit, x-rays, some follow-up care, and some time off work. PIP is a great value in that it does not cost very much to add to your auto policy, and each member of your household will then have access to their own $2,500 benefit.
Uninsured motorist coverage protects you if you suffer personal injury in an auto accident with an uninsured or underinsured driver. Like PIP, this benefit is purchased through your own insurance company. It gives you the peace of mind in knowing that if you or other occupants of your car are seriously injured, and the other driver is inadequately insured, there will still be coverage available to pay for your injuries and wages. Given the high cost of medical care, families can be devastated with uncovered hospital or surgical bills after an accident. Insure yourself. The next time you renew your auto insurance make sure you consider raising your uninsured motorist limits.
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 have been involved in a truck accident in the Rockville or Gaithersburg area, your first step should always be to contact an experienced personal injury attorney who regularly handles truck accident claims . Each situation is specific, and only an experienced lawyer can guide you through your exact legal options. Still, all truck accident victims have basic legal rights regardless of the circumstances of their accidents. Keep reading to learn the answers to victims’ frequently asked questions about their rights after a truck accident.
Can I Sue the Truck Driver’s Company After a Truck Accident?
Usually. As long as the truck driver is employed by a trucking company, that company can be legally responsible for its driver’s negligence. That means both the individual trucker and his employer may be financially responsible for any costs the victim incurs due to personal injury, including pain and suffering, loss of current and future wages, and emotional trauma. Problems may arise when a trucker works as an independent contractor and does hauling for different companies, but as long as the company supervises the driver, your accident lawyer can argue that he was legally an employee.
Can I Automatically Recover Against a Truck Driver Who “Jackknifed”?
Not necessarily. While many truck accident claims involve eighteen-wheeler trucks that “jackknife,” drivers are not always liable for others’ personal injuries. Some examples include if the truck driver took an abrupt turn in an effort to avoid a stalled vehicle or another accident, or if there was an unforeseen defect or slipperiness in the streets.
Can I Win a Lawsuit Even if I Was Partly at Fault?
In only four jurisdictions across the country, including Maryland and Washington, D.C., any negligence by the victim which contributes to an accident will likely bar any recovery by the victim. Because of this harsh rule, it is not uncommon for a trucking company with obvious liability for an accident to argue that the victim was 1% at fault. In this way, they can completely avoid the consequences of a serious accident. You should always seek out a personal injury attorney who is experienced in accident claims to help establish your very strongest case and get the damages you deserve.
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