Wheaton Personal Injury Lawyers
Fighting for Victims of Negligence for Over 25 Years
Every day, people suffer serious injuries due to the negligence of others. The U.S. legal system allows victims to hold a negligent party accountable for their actions and obtain compensation for their injuries. However, this process is not easy; in order to recover the full amount of compensation you are entitled to, it is a good idea to work with a skilled personal injury lawyer.
For over 25 years, the Wheaton personal injury attorneys at Portner & Shure, P.A. have been holding negligent people and parties accountable and obtaining successful results for their clients. We invite you to continue reading to learn more about who we are and how we can help you, or contact us directly for a free initial consultation with a member of our legal team.
Call our office at (855) 954-4141 or submit an online contact form today to request your complimentary case evaluation.
What Is a Personal Injury Claim?
Put simply, a personal injury claim is a civil action (as opposed to a criminal action) that allows a person to seek compensation for damages they have sustained due to another party’s negligent or wrongful actions. A personal injury claim is made up of several legal elements.
Generally, those elements are:
Most personal injury cases come down to proving that another person/party acted negligently and that this negligence caused the victim to suffer injuries. The person bringing the claim, known as the plaintiff, bears the burden of proof. All elements of a civil claim must be proven by a preponderance of the evidence, i.e., 51%.
Victims who suffer injuries while working may be entitled to make a claim under the Maryland workers’ compensation statute. A workers’ compensation claim differs from a personal injury claim in that fault does not have to be proven. Previously, injured workers would have to have file a lawsuit against their employer. Due to a variety of legal reasons, winning these lawsuits was extremely difficult. Now, however, injured workers can file for workers’ compensation without having to sue their employer (in fact, the availability of workers’ comp provides employers with immunity from lawsuits, in most cases).
In order 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 different types of benefits are available for injured workers. Visit our workers’ compensation page to learn more about these benefits, as well as what to do if your workers’ compensation claim is denied.
Injuries & Damages
Accident victims often suffer a variety of injuries. These injuries typically require emergency medical treatment. Additionally, for a victim to make a full recovery, they will often require ongoing treatment, such as physical therapy, orthopedic care, and occupational therapy. The length and extent of a victim’s medical treatment depends on the severity of their injuries. Accident victims often find themselves unable to work due to their injuries.
Accordingly, accident victims can receive compensation for their economic and non-economic damages. Economic damages are meant to compensate an accident victim for their medical bills, lost wages, and future lost wages. Noneconomic damages are meant to compensate a victim for the pain and suffering they endured as a result a of their injuries. Additionally, if a victim is able to prove that their injuries were the result of an intentional act, they may also be able to claim punitive damages. Punitive damages are meant punish a person for their intentional conduct.
Defenses to Personal Injury Claims
Several legal defenses are available to civil claims under Maryland state law. The two commonly asserted defenses are contributory negligence and assumption of risk. Under the doctrine of contributory negligence, a victim is precluded from recovering anything if it can be shown that their own negligence contributed to the accident. Essentially, a victim must be entirely blameless. Under the doctrine of assumption of risk, if evidence is offered that a victim had knowledge of the risk of potential harm, appreciated the risk, and voluntarily undertook an action despite the risk of danger, they are then precluded from recovering. Under this defense, a victim is unable to recover because they knew that their actions may have resulted in an injury. In order to overcome these defenses, it is important to seek experienced legal counsel.
Why Hire Portner & Shure, P.A.?
The award-winning Wheaton personal injury lawyers at Portner & Shure, P.A. have been successfully representing personal injury victims for over 25 years.
Our practice areas include personal injury claims involving:
Premises liability/slip and falls
Product liability/defective drugs and medical devices
Nursing home negligence
Medical malpractice/birth injury
Brain injury/spinal cord injury
During our decades in practice, we have obtained excellent results for our clients. These results can be seen in the numerous five-star reviews written by our past clients. Additionally, our zealous representation of our clients in court has resulted in us winning multiple awards from our peers in the legal community.
Portner & Shure, P.A. receives no fee unless the client obtains a settlement or judgement in court. To schedule a free consultation regarding your personal injury claim in Wheaton or throughout Montgomery County, reach out to our firm today.
Call us at (855) 954-4141 or contact us online.