Maryland’s personal injury and liability laws allow injured parties to demand compensation for their damages from the party that harmed them through negligence or intentional wrongdoing. Popular culture and entertainment media have depicted personal injury claims as ways to get easy payouts. The reality is much different, of course. Insurance companies will push back whenever they can to avoid providing fair payments to people in need of financial support after an accident.
To strengthen your claim and prepare for any opposition, you should seek legal representation from a qualified Columbia, Maryland personal injury lawyer from Portner & Shure, P.A. Our attorneys have been successfully obtaining compensation for their client’s injuries for nearly 30 years. We would like to see what our team can do for you and your claim as well.
On This Page:
- How a Personal Injury Claim Works
- Injuries & Damages in a Typical Claim
- Possible Defenses & How to Challenge Them
- Cases We Handle
- Columbia Personal Injury FAQ:
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How a Personal Injury Claim Works
A personal injury case is a legal claim. Like any legal claim, criminal or civil, it contains certain elements that will determine how it progresses and how it can conclude. In order to succeed in a personal injury claim, a key factor will be proving your argument with convincing, tangible evidence. As the plaintiff, or the person bringing the claim, you must prove your case by a preponderance of the evidence that convincingly proves that the defendant was at least 51% responsible for your injuries. You must also be ready to overcome any legal or factual defenses asserted by the opposition. Working with our attorneys can help you prepare for anything.
Injuries & Damages in a Typical Claim
The amount of medical treatment you will need as a plaintiff in a personal injury claim depends on the severity of your injuries. You might need emergency medical care and hospitalization before getting back onto your feet. You could also be injured to the point that you cannot work for many months or even years.
Maryland’s personal injury laws permit you to claim both economic and noneconomic damages in your claim.
- Economic damages are meant to compensate you for your medical bills, lost wages, future lost wages, and other costs that can be recorded on a bill or receipt.
- Noneconomic damages are meant to compensate you for the pain and suffering you have endured as a result of your injuries.
Possible Defenses & How to Challenge Them
Contributory negligence and assumption of risk are the most commonly used defenses in a personal injury claim. The contributory negligence defense argued that you, the victim in your accident, should not be allowed to recover any damages if there is evidence showing that your actions contributed to your injuries. In other words, the defense argues that you must be free of any blame to get compensation.
Assumption of risk is a defense that argues that you, the plaintiff, should not be given compensation if you knew you were engaging in a dangerous activity. For example, if you were hurt in a skydiving accident, then the skydiving company’s insurance company might try to argue that you should have known there was a risk of injury and, therefore, your claim should be rejected.
There are two strong ways to counter these defenses:
- Liability: Contributory negligence depends on you being significantly liable for your own accident. Using various types of evidence to prove your level of negligence was below 51%, your personal injury attorney can dismantle a contributory negligence defense.
- Inexcusable negligence: Your lawyer can challenge an assumption of risk defense by proving that the defendant had acted with unreasonable or inexcusable negligence. Returning to the skydiving example, if the skydiving company paired you with an untrained instructor, then that mistake could entirely void any disclaimer you might have signed.
Make Us Your First Choice of Representation
Portner & Shure, P.A. in Columbia, Maryland can handle all types of accident claims:
- Car accidents
- Truck accidents
- Dog bites
- Medical malpractice
- Workers’ compensation
- Premises liability
- Pedestrian accidents
- And many more
Personal injury claim management has been our focus for more than 30 years. Along the way, we have secured impressive case results and earned a long catalog of happy client testimonials. With so much backing our firm, please don’t hesitate to reach out to us as soon as you need our legal skills and professional talents. We offer our services based on contingency fee agreements, which means we do not get paid unless we win your case.
Contact us at or email us to begin your claim.
Columbia Personal Injury FAQ:
How long do you have to file a personal injury claim in Columbia, MD?
In Columbia, the statute of limitations for filing a personal injury claim can vary depending on the nature of the case. Generally, for most personal injury claims, you have three years from the date of the injury to file a lawsuit. However, it's essential to consult with an attorney to determine the specific time limits that apply to your case. There may be exceptions and unique circumstances that could affect the filing deadline. Failing to file within the specified time frame could result in your claim being barred and losing the opportunity to seek compensation.
Do all personal injury cases go to trial?
Not all personal injury cases go to trial. Many cases are settled through negotiations between parties. Settlement allows for a resolution without the need for a court trial. However, if a settlement cannot be reached or there are significant disagreements, the case may proceed to trial. The decision to go to trial or settle depends on the specific circumstances of each case. An experienced personal injury attorney can help determine the best course of action for your case.
