“Personal injury” is a legal phrase that describes harm to a person’s body, mental state, or emotional wellbeing. As a branch of law, personal injury encompasses a broad range of cases. Typically, a personal injury lawsuit will arise when another person is harmed due to another individual’s or entity’s negligent conduct. Through a personal injury lawsuit, a plaintiff will seek compensation for the harm they suffered.
If you or a loved one was hurt because of another person’s reckless conduct, contact our Hagerstown personal injury lawyer immediately. Our attorneys and staff are dedicated to helping those harmed through no fault of their own fight for the compensation they deserve. Call the Law Offices of Randolph Rice at (410) 694-7291 to schedule a free consultation.
Types of Personal Injury lawsuits in Hagerstown, MD
Accidents and injuries come in nearly as many varieties as there are residents in Hagerstown. If you have been injured because of the negligence of another person, you are entitled to seek compensation for your injuries and financial losses through a personal injury lawsuit. Our Maryland personal injury lawyer handles many different types of injury cases.
Motor Vehicle Accidents
Unfortunately, motor vehicle accidents result in many injuries in Hagerstown and throughout Maryland. People suffer harm in car accidents, motorcycle accidents, and truck accidents. Even pedestrians are sometimes injured by a motor vehicle. Most accidents involving motor vehicles are caused by the negligence or carelessness of another driver. Whether they are driving while distracted, while under the influence of drugs or alcohol, or are just driving aggressively, a negligent motorist should be held accountable for any damage or injuries they cause.
Slip and Fall Accidents
Slip and fall accidents are the basis of classic personal injury lawsuits in cartoons and television. However, despite any negative connotations, the injuries suffered in a slip and fall accident could be devastating and life-changing. When a property owner fails to maintain safe conditions on their property, individuals could be seriously injured. For example, allowing ice to build on a sidewalk unreasonably endangers people who use the thoroughfare. Slip and falls accidents often result in fractures or severe head injuries.
When our trusted medical professionals make an error or offer substandard care, the results could be catastrophic or even deadly. We anticipate a high quality of care and service from our healthcare providers. While not every mistake constitutes medical malpractice, when a doctor, nurse, or other medical professional acts negligently and harms you or a loved one, they should be held accountable for the harm they caused.
In some situations, an injury is not caused by another person but by a defective product. When a product fails to function safely, injuries could occur. Product manufacturers and designers have a responsibility to ensure that their products are not unreasonably dangerous. In cases where there is a defect in design, a manufacturing mistake, or an inadequate warning label, the manufacturer or product designer could be held liable for any injuries.
Proving Negligence in a Hagerstown Personal Injury Case
In a personal injury lawsuit, an injured plaintiff must prove that the defendant’s negligence caused the injury. Negligence can be simply defined as the failure to use reasonable or ordinary care. Legally, our Hagerstown lawyers will have to demonstrate four elements to prove a defendant was legally negligent.
Duty of Care
First, the defendant must owe the injured party a duty of care. Defining whether a duty existed depends on the facts of your case. For example, a motorist has a duty to operate their vehicle in a safe manner – not placing other motorists at an unreasonable risk of harm. A medical professional also has a duty to treat their patients with a reasonable level of care and professionalism.
Breach of Duty
Once a duty of care has been established, we will have to prove that the defendant breached that duty. A breach of duty means that the defendant’s conduct did not adhere to the requirements under the duty of care. Using the motorist as another example, when a driver operates their car at an excessive speed or ignores traffic lights, they are breaching their duty to drive safely. Their conduct is endangering other motorists on the road.
Just because someone broke the speed limit does not mean a personal injury lawsuit could be filed against them. The breach of duty must have caused your injury or harm. In some personal injury cases, this is easy to determine. However, when the direct cause of your injury is in question, connecting a particular breach of duty to your injury could be challenging.
You must have suffered quantifiable damages to win a personal injury lawsuit. If you were injured in a car accident and required medical attention, you have incurred medical bills. These expenses are actual damages. Furthermore, if you were unable to work and lost income, you have also suffered damages. In addition to your financial losses, an injured individual is entitled to recover for their pain and suffering.
Call Our Hagerstown, MD Personal Injury Lawyer for a Free Consultation
Suffering through and trying to recover from a devastating injury is difficult enough. Severe injuries often result in increased medical expenses and a significant loss of income if you are unable to work. When an injury results from another person’s negligent conduct, you should not be responsible for the financial challenges on top of trying to heal. Our Hagerstown personal injury lawyer will help you fight for your just compensation. Call the Law Offices of Randolph Rice at (410) 694-7291 to schedule a free appointment to review your legal options.