BEL AIR, MARYLAND PERSONAL INJURY LAWYER

Elements of a Personal Injury Claim

The elements of a personal claim are duty, breach, causation, and damages. In summary, the defendant must have owed a duty of care to the plaintiff that was breached, which caused an injury and economic or noneconomic damages.

Maryland State law requires a personal injury victim to prove all the elements of a personal injury claim by a preponderance of the evidence. If your argument cannot be proven with at least a 51% certainty, then it can be dismantled by the defense or the court. Work with our Bel Air personal injury lawyers to make certain that your evidence is strong enough to meet this evidential threshold.

What Sort of Damages Can You Receive?

You can be paid several types of damages through a successful personal injury claim. The body of your damages will probably be used to pay for your medical bills and wages you missed because you were too injured to work. But you can also get money for your emotional trauma, mental scarring, and other hardships you have endured due to your injuries.

When the defendant broke the law or acted with egregious negligence, the court might also assign punitive damages in your case. Punitive damages are meant to punish the defendant further by requiring them to pay even more to the plaintiff without those added costs being tied directly to a traditional economic or noneconomic damage.

Assumption of Risk & Contributory Negligence

The insurance company defending against your injury claim will probably try to hurt your case by asserting the defenses of contributory negligence and assumption of risk. Contributory negligence argues that you should not be allowed to receive any compensation if you were at all responsible for your own injuries. Assumption of risk tries to stop a plaintiff from being paid if it can be shown that they should have known that their own actions would likely lead to an injury.

We Handle Workers’ Compensation Claims, Too

Workers’ compensation is designed to provide benefits and compensation to people who suffer injuries while working. Previously, employees who suffered injuries while working had to sue their employers, which was practically impossible in many cases. To fix this issue, the State of Maryland created a form of compensation under the Maryland Workers’ Compensation Code.

The primary advantage of a workers’ compensation claim versus a personal injury claim is that an injured worker does not have to prove fault in a workers’ comp claim. Instead, to have a compensable workers’ compensation claim, the injury must have been “accidental” and must have arisen out of and occurred within the scope of employment. Several benefits are available for injured workers, including medical bills and partial wage replacement.

Award-Winning & Trusted Attorneys

Over the last 25+ years, our Bel Air personal injury attorneys at Portner & Shure, P.A. have been obtaining excellent results for our clients. We are proud to have received many five-star reviews from our clients, as well as multiple awards from our peers and colleagues in the legal community. Remember: We also do not accept any attorney fees unless we win your case by securing a favorable outcome for you!

Get more information by dialing (410) 286-1999 or contacting us online.