If you’ve been injured because someone was negligent, reckless or careless; you may be entitled to compensation for your damages and injuries. Get help from a Maryland injury lawyer today for your personal injury claim!
Do you need a Maryland personal injury attorney? Call attorney Randolph Rice at 410.288.2900 or email him directly for immediate legal help.
A personal injury claim is brought by a Plaintiff or party that has suffered an injury caused by someone else’s negligence and entitles them to compensation. Examples of personal injury claims include car accidents, medical malpractice, and slip and falls.
In order to prove a personal injury claim in the court of law, a plaintiff must establish five elements. As your Maryland injury lawyer, we must prove before a judge or jury:
A duty of care is “an obligation, to which the law will give recognition and effect, to conform to a particular standard of conduct toward another.” Prosser and Keeton on the Law of Torts, § 53, at 356 (5th ed. 1984) (hereinafter “Prosser”). There are four categories in which a duty is classified and recognized by the law. These categories include:
If a claim doesn’t fit into one of the four categories, there may be no legal duty owed. There can be no negligence where there is no duty that is due; for negligence is the breach of some duty that one person owes to another. Village of Cross Keys, Inc. v. U.S. Gypsum Co., 315 Md. 741, 751-752, 556 A.2d 1126 (1989).
The adverse party’s failure to act or negligent actions breached their duty to you. In proving the existence of a breach, a plaintiff must show evidence of the defendant’s negligence or failure to act.
In Maryland, the breach of a statutory duty may be considered some evidence of negligence. Pahanish v. W. Trails, Inc., 69 Md.App. 342, 517 A.2d 1122, 1132 (1986).
A statutory violation can be prima facie evidence of negligence that is sufficient to prove such a breach of duty as will sustain a private action for negligence. Flaccomio v. Eysink, 129 Md. 367, 100 A. 510, 515 (1916).
Keep in mind that the statutory violation itself does not establish liability; liability only arises if the violation is the proximate cause of the plaintiff’s injuries. Brooks v. Lewin Realty III, Inc., 378 Md. 70, 835 A.2d 616, 621–22 (2003).
The plaintiff must prove that the adverse party’s actions or failure to act was the cause-in-fact and proximate cause of their injuries. Cause-in-fact asks whether the plaintiff’s injuries would have happened “but for” the adverse party’s actions. Proximate cause is used to determine if plaintiff’s injuries were the direct and natural result of the defendant’s actions.
A plaintiff must show that you sustained actual damages in which you are entitled to recover and can be remedied by monetary compensation.
Have more questions about settlement? Check out our article on personal injury calculator.
If you decide to file a lawsuit, you become the Plaintiff and the person who caused your injuries becomes the defendant. Usually, lawyers for each side will begin gathering facts through written questions or on the record interviews. This process is called discovery. After discovery, your case will either proceed to trial or settlement.
A skilled injury lawyer will know when to file a legal claim with the Maryland civil court system. We have experience handling personal injury claims involving the following, among others:
No matter what type of accident and injury you sustained, complicated personal injury litigation can require many resources. We handle every aspect of the process and cover all of the costs of litigation up front so that our clients can focus their time and energy on their physical recovery and do not have to worry about paying out of pocket.
We work to resolve each case in the most efficient manner possible, building a strong case to bring to the table in settlement negotiations. However, if you don’t receive the settlement you deserve, we are not afraid to take your case to trial.
If you or a loved one were injured by the negligent actions of another, you deserve the best law firm to represent your claim. You deserve a personal injury law firm staffed with experienced lawyers that will advocate for you and offer competitive rates.
Hiring an experienced lawyer is the right move for your case. They are knowledgeable about the law and familiar with personal injury cases.
Their skilled lawyers have substantial experience with personal injury cases in Maryland. They have represented thousands of cases involving clients injured in auto accidents, truck accidents, slip and fall injuries, hit by a car or pedestrian struck lawsuits, amusement park injuries, and all other injuries received from the negligence of another.
With so many years of experience, the lawyers at the Law Offices of Randolph Rice know how to handle insurance companies and attorneys representing other parties. Our Maryland personal injury lawyers have the extensive legal knowledge to make sure you receive the maximum compensation you are entitled to for your claim.
We fight for our clients and we will fight for your case. We know how to achieve results that favor our clients by being great advocates. Part of being an advocate requires an attorney to be organized, assertive, great problem solvers, and excellent decision makers.
Our Maryland attorneys embody all of these skills and will use them towards representing your claim. Problem solving is a very important skill to have as a personal injury attorney.
The attorneys at the Law Offices of Randolph Rice are great problem solvers that will come up with solutions tailored to meet your particular needs by getting to know your particular case.
Our lawyers in Maryland will ask the tough questions to get to the root of your suit and look at every possible outcome for your case. Even with the toughest cases, we will find solution when none are apparent.
The personal injury lawyers at the Law Offices of Randolph Rice are also excellent decision makers. They will work for the best possible outcome for all clients. We advise clients on their options to enable them to make the best decisions regarding their case. That means answering every question and returning phone calls promptly to ensure our clients are informed.
We offer competitive rates to our clients through our contingency fee plan offered for personal injury cases. A contingency fee is a sum of money a client pays to a lawyer only if the lawyer handles a case successfully. The lawyer accepts a fixed percentage of the recovery won at trial or in settlement.
There is a hard and fast rule in Maryland called the Statute of Limitations. This rules precludes a victim from filing a lawsuit for damages after a proscribed period of time.
Limits are necessary to provide adequate time for a diligent plaintiff to bring suit as well as to ensure fairness to defendants by encouraging prompt filing of claims. Supik v. Bodie, Nagle, Dolina, Smith & Hobbs, P.A, 2003, 834 A.2d 170, 152 Md.App. 698, certiorari denied 841 A.2d 340, 379 Md. 225.
The statute of limitations can be used as a defense against a suit when a plaintiff misses a deadline for filing a claim. The party that raises this defense and establishes that the statute of limitations accurately applies, may result in the court dismissing the case and legally barring recovery in a suit.
Determining if the statute of limitations applies to your case can be challenging. First, you must figure out which statute of limitations applies to the cause of action you are bringing.
Most tort cases in Maryland apply Maryland Code, Courts and Judicial Proceedings § 5-101 which states that “a civil action at law shall be filed within three years from the date it accrues unless another provision of the Code provides a different period of time within which an action shall be commenced.” MD Cts. & Jud. Proc. § 5-101.
See the chart below for a list of statute of limitations for different causes of action:
|Legal Cause of Action||Statute|
|Assault: 1 year||Md. Code Ann. Cts. & Jud. Proc. § 5-105|
|Contract (in writing): 3 years or 12 years||Md. Code Ann. Cts. & Jud. Proc. § 5-101; Md. Code Ann. Cts. & Jud. Proc. § 5-102(a)(5)|
|Legal malpractice: 3 years||Md. Code Ann. Cts. & Jud. Proc. § 5-101|
|Medical malpractice: 3 years from discovery of the injury or 5 years from the injury (whichever is earlier)||Md. Code Ann. Cts. & Jud. Proc. § 5-109(a)|
|Personal injury: 3 years||Md. Code Ann. Cts. & Jud. Proc. § 5-101|
|Product liability: 3 years||Md. Code Ann. Cts. & Jud. Proc. § 5-101|
|Slander: 1 year||Md. Code Ann. Cts. & Jud. Proc. § 5-105|
Next, you must find out when time begins to accrue on your claim. A tort cause of action can start to accrue on the date when the wrongful action occurs and results in injury. Berringer v. Steele, 133 Md. App. 442 (2000).
Other causes of action may start to run from the point that the plaintiff knew or should have known of an injury rather than the date of the injury itself which is not always the case for all tort causes of action.
Determining when a cause of action accrues can require legal research and interpretation. It is often best to consult a personal injury lawyer to help you through this process.
The Law Offices of Randolph Rice can help you with every step of the process. Our Maryland lawyers can assist you in every step of your claim. Call the Law Offices of Randolph Rice today to schedule a free appointment to discuss your case.
Don’t be pushed around by the big insurance companies. We represent client in:
Call the Law Offices of G. Randolph Rice, Jr., LLC, at 410-288-2900 for immediate legal help and advice. We have the experience and knowledge of the Maryland injury laws to maximize your compensation.
Our personal injury attorneys are ready to help you recover. Attorney Randolph Rice is an experienced Maryland personal injury attorney and if the insurance company is fighting you, we take them to Court.
We represent clients injured in auto accidents, truck accidents, slip and fall injuries, hit by a car or pedestrian struck lawsuits, amusement park injuries, and all other injuries received from the negligence of another.
Attorney Randolph Rice is committed to ensuring the success of your case by giving it the time and energy it deserves. We have the experience and knowledge to guide you through the complex path of a personal injury case.
Areas in Maryland where our injury lawyers file claims in Maryland:
If you’ve been hurt, we know you have a lot of questions. Who is going to pay my medical bills? How do I get my lost wages back? What about my pain and suffering? We’re here to answers those questions and get you back to normal after your accident. Here are some answers to some common personal injury questions:
There is no fee unless we win. We pay all of the costs to pursue your claim. We are paid from the settlement or verdict, on what is called a contingency. That means our payment is contingent on the success of your case. Click here to read more about how a Maryland personal injury lawyer is paid.
No, don’t accept a settlement check until you speak with a lawyer. For more information on settlement checks, view our Youtube video.
We are often asked, “Who is the best personal injury lawyer in Maryland?” While there are no standard databases or judging committees to determine the best personal injury lawyer in Maryland.
There are a ways to find one. By talking to previous clients of the firm is one of the best ways to find a lawyer to handle your injury claim. You can also search online for the best injury lawyers and find reviews and testimonials.
One of the best ways to find a personal injury lawyer is by interviewing and finding one that fits you and your situation. You want a lawyer that will take the time to listen to you.
A lawyer that will call you back or return phone calls and emails. The most important factor when looking for the best Maryland injury lawyer is trust. Trust the lawyer to fight for you as a victim and you have found the best personal injury lawyer in Maryland.
Yes, take as many pictures as possible. You want to tell a story through your pictures. Think about telling a person about the accident only using pictures and not any words, then start to snap away with your smartphone.
Yes, if you are in pain or you feel discomfort, you should visit a doctor as soon as possible.
If you’ve been hurt in a car accident, call our office at 410.288.2900 for immediate legal help and speak with a Maryland personal injury attorney today!
Many people do not realize the importance of a personal injury attorney after an accident. You may think an attorney can only help with a trial, but a skilled injury lawyer can fully protect your rights after an accident. From getting your car fixed to negotiating a fair and just settlement with the insurance company. Our personal injury lawyers will do everything from beginning to end allowing you to rest, heal and recover from the accident.
To recover compensation from another party after an injury, the law requires that you sufficiently prove that party’s fault in your accident. You may know that the other driver hit you, but that is not enough to prove liability in our legal system.
Instead, an accident victim must prove that the negligence of another party resulted in injuries. Negligence occurs when another party has a specific duty of care toward the victim and breaches that duty of care. Negligent parties in personal injury cases may include:
Identifying a negligent party and proving negligence are two different matters. An experienced attorney will know how to conduct a thorough investigation to gather as much evidence as possible to support your liability claims.
Many accident victims do not realize the true extent of their losses stemming from the accident. Too many people simply add up the medical bills they received and accept payment for those costs. In this situation, you could forego significant compensation that you deserve for many other injury related losses. You may not recognize that legal losses can include:
If you sustained a severe injury, chances are you can seek the above damages. The value of many of these damages, however, is hard to determine.
For example, if your injury requires lifelong medical care, estimating a lifetime’s worth of medical costs will require the analysis of medical experts who can consider the type of care needed for your type of injury and the costs of such care (adjusted for inflation during time).
Future losses generally require expert opinions and our law firm has access to the necessary experts. In addition, many damages associated with severe injuries are noneconomic—you cannot directly measure them in terms of financial losses.
A good injury lawyer, however, can help determine the value of pain and suffering or the permanent damage an injury caused you. We know how to carefully consider every possible loss in your case to determine the maximum amount of compensation you deserve.
Personal injury victims rarely head directly into court, resolving their cases instead through insurance claims, such as with:
Successfully obtaining payment from another party’s insurance company can avoid the need for litigation, though it’s anything but simple.
Insurance companies are not willing to pay out to non-policyholders without specific proof of liability on the part of the policyholder, as well as proof of all of your losses.
Our attorneys can help you present evidence to prove your claims and obtain a fair insurance settlement whenever possible. Insurance companies are notorious for making incredibly low offers to unrepresented injury victims, hoping that claimants will assume they have no choice but to accept those offers.
This can deny you much of the compensation you deserve and leave you with no further legal rights to pursue additional compensation. Never agree to a settlement before thoroughly reviewing your case with a personal injury lawyer.
We will determine the adequacy—or more often, inadequacy—of an offer and negotiate for a higher amount on your behalf.
Our personal injury Maryland law firm also regularly assists accident victims with uninsured motorist claims if the negligent driver lacks the necessary insurance coverage.
These claims also require you to prove the liability of the negligent driver and we will assist you with every step of your claim. At the Law Offices of Randolph Rice, we provide the best personal injury attorneys in Maryland and offer a wide range of services to our clients.
If you go to a store to pay for clothes or food, you don’t wonder whether the store will turn down your cash and say you can’t buy what you want you came to purchase.
Yet, a lawyer is never required to accept an accident case from a potential client, unless they agree to terms.
Why is that? First if you look what is really happening, it’s not so much that you are paying a lawyer to handle your case.
You are really selling your case to an accident lawyer, He is handling your case in exchange for a receiving a percentage of what is recovered (at least that’s the typical arrangement).
He might recover a third of your proceeds or if you lose, he will receive nothing. So just as much as you need to decide if an accident attorney is right for you, he needs to decide as well. Here are the top seven reasons why an attorney may turn down your accident case.
Let’s say you live in State “A” and were negligently injured in a car accident 4 years ago where you sustained injuries you were aware of at the time. Now you decide to retain an attorney to handle your case for the first time. Any reputable attorneys in the state will turn you down.
Why? Because in most states, almost all negligence cases need to be brought within three years of the accident, and the courts would not allow you to proceed after that.
Another problem might be jurisdiction. If you are a resident in State “A” but you were hit in State “B” by a State “B” driver, the proper place to proceed with your case will be State “B” not in State “A”.
Unless a personal injury attorney is also licensed in State “B”, they can’t practice there. Even if they were it would probably be impractical to handle the case since it would be so far away from where they usually practice.
Because an accident lawyer taking on your case is taking a risk that there may not be paid back for the time being put into the case, they will always want to evaluate the facts of the case to see if they support your claim.
If you are injured in an accident with another car driver, but the police only give you tickets for reckless driving and driving under the influence and your insurance company has decided you were liable and paid out a claim, an injury lawyer will probably will decide there is little chance they will want to take your case.
Another fact that could prevent recovery is if there was negligence by both parties in an accident case, In Maryland the law technically requires that you be completely without fault regarding an accident or you cannot recover from other party for your damages.
If an accident lawyer does not feel your damages are large enough to cover the time for their involvement in the case, they may refuse to handle. As said earlier, when you are looking for a lawyer to handle a case you are selling a lawyer in the belief you have an economically valuable legal matter.
If facts do not support that, they are not obligated to take the case. Even if you can prove the other party is liable, if your damages are minimal, it may not justify the involvement of a lawyer.
Let’s say you were badly injured at someone’s house and want to sue them for injuries. Even if you take them to court and win a judgment against them, it may not be worth if they don’t have insurance or assets to pay the judgment.
Winning a case does not mean a court or a lawyer will insure the at fault party will pay you what you win. If the at fault party is bankrupt or going into bankruptcy they might even be able to “discharge” any claim you have and prevent you from collecting.
Even if an attorney is handling a case on a contingency basis where you don’t pay a fee unless you win, there are still expenses that need to be paid to proceed with the case.
There can be filing fees, service fees, costs of getting expert reports, court reporters for depositions, research, copying fees, and document preparation.
In many cases, even if you are not paying an attorney in advance, they still expect you to pay these costs as they are incurred. If they don’t think you can cover the expenses, they may not want to take on the case.
Even If the accident attorney agrees to pay all costs and get reimbursed from them at settlement, they may be concerned whether it is worth it. The accident attorney may feel the final recovery does not justify the amount of time they must put into the case, if there are other cases they can handle with a greater possible return for the same or less amount of time.
A lawyer is like anyone else: if they can make more money with less effort, they will normally prefer to do that. However, this may mean you may want to see if other competent accident lawyers do have the time to handle the case.
Sometimes an attorney may want to handle your accident case but may be ethically prevented from doing so or may be challenged. If you were involved in an accident case and the other party was the lawyer’s spouse or child, then they probably should not handle your case.
If your case involves the driver for a company that the accident lawyer does a lot of work or business for, this also can be a conflict of interest that would stop representation.
Sometimes the conflict of interest might involve you directly or it might be the party on the other side who would object to the representation.
When an accident attorney and a client agree to work with each other, it is important that they can get along. The client must trust that the attorney is making the right decisions handling the case.
The lawyer must trust that the client will follow instructions and advice in how they proceed in handling the accident claim. If the lawyer believes that they cannot work together it could jeopardize the outcome of the case.
The lawyer is also dependent on information that he is given. If the attorney feels the client is not being truthful or incapable cooperating with the gathering of information, it will make reaching a successful settlement very difficult.
Even where honesty is not an issue, people can have different expectations. What if a client believes their case is worth $250,000, but the attorney thinks at best the case is only worth $25,000?
Such a large difference in expectations could mean many arguments throughout the handling of the case., It may be better that the client find an accident lawyer, if there is one, who agrees with their view of the case’s value.
If an attorney thinks a fair settlement can be reached without going to trial, but the client wants to roll the dice and take their matter to a jury trial, the accident lawyer again maybe uncomfortable in that representation, and if the lawyer feels that there is likely to be a difference of opinion later on in the case, he may refrain from wanting take on that client.
Finally, the lawyer might decide that there are unknown or unclear reasons for not taking on a case. A potential client might come to an accident lawyer with what looks like a strong claim. However, if there is a list of previous attorneys who handled the case, there maybe hesitancy to take it on, even if it not clear why the case was rejected.
When you have a case and you are looking for an accident attorney, make certain that you discuss your legal matter in detail with any potential lawyer. Make certain the attorney hears all the facts, not just the ones you think are favorable. Have them present a description as to how they would proceed on your behalf to the end.
Have them explain how they will be paid (and how much) and who will handle the payment of expenses. If the response ultimately is that they cannot handle your accident case, be grateful at least for receiving an honest evaluation. In the end, it might save you a lot of time and money.