Brooklyn Park Personal Injury Lawyer
Filing personal injury lawsuits can be complicated, so victims should know what to expect from the recovery process before proceeding with a claim in Brooklyn Park.
Regarding personal injury claims, proof and fault are handled differently than what victims might anticipate. First, it is important to understand that the burden of proof, or the responsibility to prove fault, is on you as the plaintiff. Second, you should learn the standard of proof that will be applied in your case, which will like be a preponderance of the evidence standard. This means you will have to prove that it is more likely than not that the defendant injured you. To do this, you must establish four elements in your claim. They are that the defendant owed you a duty of care and breached it, causing your injuries and damages. After proving these elements successfully, you can recover compensation for all losses associated with your injuries.
To schedule a free review of your case from Rice, Murtha & Psoras, call (410) 694-7291 and speak with our Brooklyn Park personal injury lawyers today.
Understanding Proof and Fault in Brooklyn Park Personal Injury Claims
Determining fault and proving it can be complicated in any personal injury claim. When a victim’s recovery is on the line, they must understand who the burden of proof falls on, what the standard of proof is in their claim, and how to go about proving fault in Brooklyn Park.
The Burden of Proof
The burden of proof is the responsibility to prove fault. This burden falls on the plaintiff, who is the person who brings the claim. They are tasked with proving that the defendant’s negligence caused their injuries. The defendant does not necessarily have to prove that they did not cause the victim’s damages. Instead, they just have to poke enough holes in the victim’s case. Our personal injury lawyers can explain exactly what the burden of proof means and prepare your case accordingly so that you can uphold your responsibility to prove the negligent party’s fault.
The Standard of Proof
The standard of proof is a separate thing altogether. This is the standard the personal injury plaintiff must meet in order to adequately prove the defendant’s fault. Typically, a preponderance of the evidence standard is used in civil claims in Brooklyn Park. Simply put, injury victims must prove that it is more likely than not that a defendant caused their injuries in order to meet the standard of proof in their claims. While this standard might be lower than what victims expect, that does not mean it is easy to meet. Compensation cannot be recovered without sufficient evidence of fault in Brooklyn Park.
The Elements Necessary to Prove Fault
To meet the standard of proof, you must establish four crucial elements in your claim. The first is that the defendant owed you a duty of care at the time of the incident. For example, if you were hurt in an auto accident, the other driver would have owed you a duty of care to follow traffic laws. Or, if you were hurt on another person’s property, they would have owed you a duty of care to ensure their property was reasonably safe for guests.
Next, you must show that the defendant breached their duty of care. This means you must identify the negligent act and prove it occurred. We can do this using various types of evidence, such as eyewitness statements, video footage, and photographs.
After you establish that a breach of the defendant’s duty of care took place, you must prove that the breach in question caused your injuries. Again, we can accomplish this using eyewitness statements and other evidence, like your medical records. Finally, we must prove that you suffered real damages because of the incident. To do this, we will submit proof of your damages, whether they be financial, emotional, or both. All four elements, duty of care, breach of duty, causation, and damages, must be proven for victims to recover the damages they deserve and need.
Limits on Compensation for Personal Injury Victims in Brooklyn Park
Maryland somewhat limits victims’ recoveries regarding certain damages. Understanding these damage caps is important so that you can properly estimate your anticipated recovery in Brooklyn Park.
Currently, the limit on recovery of non-economic damages for personal injury claims is $935,000. This cap increases by $15,000 in October of each year, according to Md. Code, Cts. & Jud. Proc. Art., § 11-108(b)(2)(ii). There are different limits on pain and suffering damages for medical malpractice and wrongful death claims in Maryland.
Fortunately, there are no limits on economic damages in personal injury claims. This means that you can recover damages for all medical expenses, lost wages, and additional out-of-pocket expenses, provided we can prove you incurred them. This is why keeping careful track of all financial damages is important following an accident of any kind.
Sometimes, accidents occur because of gross negligence, not common negligence. In such instances, victims also stand to recover punitive damages in Brooklyn Park. Punitive damages are only awarded by a jury at trial, meaning your case would have to go to court in order for you to get them. Punitive damages are not limited to personal injury victims in Maryland.
Compensation varies, depending on victims’ damages and whether or not they settle or go to court. For example, recovering non-economic damages in a settlement can be difficult, even with aggressive negotiations. To recover all the damages available to you in your personal injury claim, make sure you file on time. The deadline to sue for injury in Brooklyn Park is three years, according to Md. Code, Cts. & Jud. Proc. Art., § 5-101.
Call Our Brooklyn Park Lawyers About Your Injury Claim Now
Call the personal injury lawyers of Rice, Murtha & Psoras at (410) 694-7291 to get help with your case.