• Getting Injury Compensation After an Accident

    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.

  • What Are the Benefits of Witness Statements?

    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.

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  • Defining Negligence Per Se

    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.

  • What Are Loss of Affection Damages?

    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.

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  • What Does the Law in Gaithersburg Say About Truck Accidents?

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    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.

  • Getting Compensation for Soft Tissue Injuries

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    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.

  • Types of Wrongful Death Claims

    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.

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  • Protecting Your Rights After a Boating Accident

    Boating accidents can be a complicated area of personal injury law, because they may relate to either maritime law or negligence law, depending on the circumstances of the accident. Furthermore, there are many factors that present a danger to boaters and those enjoying water recreation. Many states allow individuals as young as 12 to operate boats, and many adult boaters will operate the vehicle under the influence of alcohol. Therefore, it is important to seek an attorney experienced in both of these practice areas to be sure that your rights are protected in your case.

    When you do seek proper representation near Gaithersburg or Rockville, you will have an advocate to explore the details of your case, determine appropriate compensation, and decide who may be at fault. Possible defendants in your case may include the boat owner, operator, or manufacturer. If the operator of the boat leaves the scene of the accident, there may also be felony charges involved for the defendant in your case.

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  • Passenger Train Derails in Philadelphia

    An Amtrak train left Washington, D.C. on May 12, 2015 and derailed that night in Philadelphia. The accident left at least six dead and over 200 injured some critically. Passengers were forced to scramble through windows to exit the train in the darkness. The scene with seven mangled cars was described as “devastating.” It appears to have been one of the most severe incidents in years for the heavily traveled Northeast corridor between New York and Boston. It happened at a curve in the tracks, not far from the scene of the nation’s deadliest train wreck over 70 years ago. The cause of the accident is unknown at this time. The northeast corridor is the nation’s most heavily traveled passenger rail line, and Amtrak reported its highest ever passenger ridership in 2014. That busy rail corridor has now been shut down as the investigation, clean-up and repairs get underway.

    Sussman & Simcox previously represented a Maryland family who suffered a terrible loss in the COMAIR air disaster in Kentucky in 2006 and is familiar with the investigative process employed in mass transit disasters. Investigators immediately look at three categories of causes – human, mechanical, and environmental. The train operator, who sustained minor injuries, has given an initial statement to investigators. Investigators will also review video from the camera that is connected to the front of the engine, which may reveal track conditions or debris obstructions. The train engine is also equipped with a data recorder that has now been recovered, which will reveal such information as the train speed before the derailment when brakes were applied, and whether any major systems malfunctioned. The investigative process can take months to conclude, and can reveal more than one cause, such as both an inattentive operator and faulty brakes. Our hearts go out to those victims, their family and friends.

  • Sussman & Simcox: A History of Success

    Sussman & Simcox: A History of Success Gaithersburg Have you suffered an injury due to someone else’s negligence? Turn to the legal team at Sussman & Simcox, Chartered. With more than 40 years of combined experience litigating personal injury cases such as car accident claims in Gaithersburg, you can rest assured that your case is in good hands. We believe that our long track record of success with personal injury claims speaks for itself. In one of our auto accident cases, the victim suffered a collapsed lung and a fractured ankle. Our personal injury lawyer successfully obtained a $273,000 jury award.

    In another notable case, one of our clients suffered catastrophic injuries in a boating accident and was forced to undergo a partial leg amputation. For this permanent disability, our law firm achieved a settlement of $500,000. We’ve also successfully handled slip and fall cases, dog attack cases, and cases involving criminal actions. In one notable case, a tenant was shot in the common area of his apartment building. We brought a negligent security lawsuit against the building owner and the property management company, which resulted in a successful verdict for the tenant.

  • Meet Attorney Howard Simcox, Jr.

    Meet Attorney Howard Simcox, Jr. Gaithersburg If you’ve sustained a car accident injury or other type of accident-related loss, you need the expertise of a highly qualified personal injury lawyer . Howard Simcox, Jr. is a lawyer in Gaithersburg who can provide you with the legal guidance and representation you need to obtain a successful outcome for your personal injury claim. Mr. Simcox attended law school at the University of Baltimore and obtained his law degree in 1985. Since then, he has been pleased to serve residents of Washington, D.C. and those throughout Maryland.

    Upon establishing the law firm of Sussman & Simcox: Attorneys at Law, Mr. Simcox routinely handled insurance cases for such notable companies as Nationwide, Farmers, Allstate, and Maryland Automobile Insurance Fund. However, he has spent the last 12-plus years representing the rights of accident victims. His experience working for insurance companies has granted Mr. Simcox a unique perspective on those companies’ strategies. His peers agree that Mr. Simcox has extensive experience and valuable expertise in the legal community, granting him the honor of being designated as a Super Lawyer each year since 2008.

  • Tragic Plane Crash In Gaithersburg, Maryland

    We were all shocked and saddened by the air disaster that happened on Monday, seemingly in our own backyard. A private jet carrying members of a North Carolina health care company crashed short of the runway at the Montgomery County Airpark, destroying a nearby home. The crash killed all three occupants aboard the jet as well as a Gaithersburg mother and her two young children who were trapped in the ensuing fire after the home was struck.

    Sussman & Simcox previously represented a Maryland family who suffered a terrible loss in the COMAIR air disaster in Kentucky in 2006 and is familiar with the investigative process now underway. While commercial aviation statistics show a marked increase in safety for air travelers since the 1980’s, smaller aircraft, including corporate jets, come under the FAA’s heading of “general aviation” and are not subject to the same strict safety regulations as to either pilots or aircraft. It is not uncommon to hear of a small plane incident in the Baltimore Washington area every few months. In Monday’s crash, a team from the NTSB has preserved the crash site and recovered any available flight recorder and cockpit voice recorder for analysis. Data regarding the aircraft’s speed, altitude, electrical and hydraulic systems will be analyzed to try to ascertain what led to this tragic event. Experts will look at that data and other factors to draw conclusion as to the probable cause of this accident, be it weather, pilot error, maintenance, or some other cause. This process will typically take months.

    But knowing the cause will not bring back any of the people who lost their lives, and our thoughts and prayers are with their families.