La Plata, MD Personal Injury Lawyer

If you are injured by another person’s negligence or intentional act, you can get compensation through a personal injury lawsuit. No matter how you were injured, our attorneys are standing by to help you prepare your claim.

Even if you are not sure if your case should be fought in a lawsuit, our attorneys can quickly determine if you have damages someone else is responsible for. If so, we can guide you on the process from there. We will discuss the evidence we will need from you and other pieces we can gather from additional sources. The defendant might try to argue that you were partially responsible for the accident, which could cost you all the compensation you are seeking. Our lawyers will ensure that your case is decided on the facts and fight claims that you shared fault for your injuries.

For a free case review with our personal injury attorneys, call Rice, Murtha & Psoras at (410) 694-7291.

Determining Whether You Have a Personal Injury Case in La Plata, MD

When most people hear the phrase “personal injuries,” they often think of accidents. And in most cases, this is true. Most personal injuries happen in accidents caused by other people’s negligence. While the defendant did not mean to cause your injuries, their actions or failure to act a certain way still resulted in your damages, and the law says they should pay. It is hardly fair to make victims pay for injuries and other losses their behavior did not bring about and would not be their problem but for the other person’s carelessness.

Thus, if you suffered physical injuries and financial losses where another person is to blame, you likely have a personal injury claim on your hands. One of the most common reasons for filing a lawsuit is for car accident injuries. Many others are filed for slip and fall injuries and medical malpractice. Your injuries might also have a complex cause, like if you were injured by a defective product. Other times, you need to recover damages for the loss of a loved one in a wrongful death claim.

No matter the harm you have suffered, our personal injury attorneys can help determine how your injuries were caused and the evidence you need to prove it. While personal injury lawsuits fall into types, each case is unique. Who you will hold liable, what damages you can pursue, and numerous other issues will depend on the facts of your case. If negligence is the cause of your injuries, our team should be able to prove it using your medical records, accident reports, photos, and witness testimony.

It is important to start your claim as soon as possible, even if you are not sure if you have a valid legal claim. Under Md. Code, Cts. & Jud. Proc. Art., § 5-101, injury victims only have three years from the date they are injured to file a lawsuit. If your case is filed after this “statute of limitations,” it will be dismissed.

Filing a Lawsuit When Someone Intentionally Injures You in La Plata, MD

Not all personal injury claims are based on negligence. You can also file a lawsuit against someone who intentionally caused your injuries. These are known as “intentional torts.” In negligence cases like those described above, we are trying to prove that the defendant had a duty to act with care and breached that duty through their negligence. In an intentional torts lawsuit, you will need to show that the defendant intended to harm you. If we can prove that the other person intended to hurt you and you actually suffered damages, you can recover compensation.

The most common intentional tort lawsuits are for assault and battery. These two acts often go together, and the terms are used interchangeably, but they are distinctive legal claims.

In a battery claim, you must show that the defendant intended to make harmful or offensive contact and did, resulting in damages. A common example would be a punch. However, spitting on someone or using a weapon that “touches” you would also be considered battery in a civil case.

On the other hand, contact does not need to be made to make an assault claim. To prove assault, you will need to show that the other person intended to make you apprehensive of being touched and had the ability to do it in the moment. For example, someone is raising a fist at you while being within striking range. If you tripped and injured yourself dodging the punch, you can sue for assault as they did not make the contact but intended to. Conversely, calling you on the phone and telling you they will hit you the next time they see you will not be considered assault since the contact is not imminent.

Since these claims often involve criminal charges, they tend to be more complex. If the offender is criminally charged, you might have to wait for the prosecution to finish its criminal case before filing your lawsuit. However, the statute of limitations will usually not run during this time. If this is your situation, our team can build your lawsuit as the prosecution goes on and gather evidence that is collected for the criminal case.

Recovering Compensation if You Are Partially at Fault for Your Injuries in La Plata, MD

A common defense used against plaintiffs in personal injury lawsuits is “contributory negligence.” Defendants utilize this defense by claiming that your actions completely caused or partially contributed to your accident. This is a very powerful defense in La Plata personal injury claims because Maryland still follows the older, traditional rule of “pure” contributory negligence.

Under this rule, injury victims cannot recover compensation if they contributed to their accident in any way. In a lawsuit, fault is typically apportioned between the parties if evidence shows that both were negligent in the accident. In most states today, plaintiffs can still recover compensation even if they were negligent, as long as they were not more negligent than the defendant.

This is not the rule in Maryland, though. Here, if you are found just 1% at fault for your injuries, you will be barred from recovering any money for your damages. It does not matter if the defendant was found 99% responsible for your losses. The court would have no choice but to deny your compensation.

Fortunately, our team knows methods to get around this harsh rule. If we can show that your injuries were the result of the defendant acting grossly or willfully negligent, your own carelessness will not be an issue.

Our La Plata, MD Personal Injury Attorneys Are Ready to Fight for the Compensation You Deserve

Call Rice, Murtha & Psoras at (410) 694-7291 for a free assessment of your case with our personal injury lawyers.