Injury victims may suffer serious effects from a traumatic injury. If you were hurt in an accident or because of someone else’s reckless or careless actions, you may have suffered injuries, medical bills, lost time at work, and other effects that can put a hold on your life. In many cases, you may be entitled to seek justice for your injuries by filing a lawsuit against the responsible parties.
Talk to our Aspen Hill, Maryland personal injury lawyers today for help filing your injury claim. The Rice, Murtha & Psoras’s personal injury attorneys represent injury victims and their families in lawsuits to seek financial compensation for their injuries and the other harms they suffered. To schedule a free legal consultation and learn more about your potential case, call our law offices today at (410) 694-7291.
Suing for Personal Injury in Maryland
Personal injury lawsuits are a type of civil case. Generally, criminal cases are brought by the government on behalf of a victim of a crime or serious injury, but civil lawsuits are brought by the victim directly against the responsible person or company that caused the injuries. Like civil lawsuits for breach of contract or destruction of property, the result of a personal injury lawsuit is monetary damages paid to the victim. The goal of these damages is to put the victim back to the same financial state they were in before the injury took place.
To win your injury lawsuit, you must prove that the at-fault party did something wrong that caused your injury. In cases of intentional injury, the wrongdoing is the assault or battery itself. In other cases, it may not be as obvious what someone did wrong, and it is typically “negligence” that caused the victim’s injuries.
To prove someone was negligent and was therefore responsible for your injuries, you must prove the following 4 elements:
- The at-fault party owed you a legal duty. This duty is usually brought about by their relationship to you, whether that relationship be a doctor-patient relationship, two drivers sharing the road, or the owner of a piece of property and a guest on that property.
- The at-fault party breached that duty. The breach is often caused by violating a legal rule or guideline or failing to use the proper care or skill to uphold that duty.
- The breach of duty caused your injury. If you would have been injured even without the negligence, the negligent party would not have actually contributed to the injury.
- You suffered damages the court can compensate. Without compensable harm, the courts cannot do anything to give you justice.
If you can prove all 4 of these elements in court, you can receive compensation for any of the damages you proved. These damages are paid by the at-fault parties or their insurance companies. The court typically orders each responsible party to pay their fair share of damages for their contribution to the harm the victim suffered, which could mean multiple parties pay you for their fault.
Calculating Damages for Personal Injury Cases in Maryland
If you were seriously injured in an accident, you may be entitled to claim multiple areas of compensation for your injuries. These damages can pay for the physical pain and mental suffering you face as well as the economic issues stemming from your injuries. That means getting coverage for the medical bills and lost wages the injury caused you as well as any other economic harms.
The damages for pain and suffering can be difficult to prove, but they can be one of the largest areas of damages you receive. Some injuries may not leave lasting pain and suffering, such as minor cuts or scrapes in a car accident. Other injuries may be more severe, such as a brain injury or spinal cord injury, and the pain and suffering could last for a long time – or for the rest of your life. Other injuries may carry immense pain and prolonged suffering made worse by the injury’s physical appearance, such as with amputations, severe burns, or facial scarring. These injuries can be worth higher pain and suffering damages.
The compensation for medical bills and lost wages is often calculated by looking at financial records. Producing the medical bills you already faced can prove to the court the damages you faced for medical care. Moreover, producing pay stubs and bank statements can prove your typical wages, helping to calculate the wages you missed. One reason calculating these damages can become difficult is that these damages might not stop, which means that you can continue to claim damages for medical expenses and lost wages into the future. These future lost wages are typically known as lost “earning capacity” and may be calculated and projected with the help of a financial expert as part of the damages in your case.
It is important to work with a lawyer when calculating these damages. You should never rely on the defendant or their attorney’s or insurance company’s calculation of your damages, since these calculations may be swayed in favor of the defendant. Instead, work with an attorney who will act to protect your interests.
Call Our Aspen Hill, Maryland Injury Lawyers for a Free Consultation
If you or a loved one was injured in Maryland because of an accident or because of someone else’s mistakes, contact the Rice, Murtha & Psoras today. Our attorneys are available to schedule a free legal consultation with you to discuss your case and help you learn more about your options for receiving compensation and how much your case might be worth. For a free legal consultation, call our Aspen Hill personal injury lawyers today at (410) 694-7291.