Understanding Personal Injury

Accidents take all forms: car accidents, workplace injuries, medical mistakes. Of course no one plans an accident, but when one happens, confusing issues of fault, preventability, and legal obligations inevitably arise. When there are personal injuries, the issues multiply and may include lost wages, third parties with competing insurance claims, and lasting physical problems. 

Maryland law is designed to help persons who have suffered personal injuries. But unlike criminal law, where the legal structure automatically moves to prosecute wrongdoers, those who have suffered personal injuries due to negligence are left on their own to protect their rights. No attorney will work on your behalf without your initiation. Unfortunately, friendly advice from non-professionals is often misleading. To guarantee that your rights are protected, you should consult with an attorney.

Understanding the Basics

“What is ‘personal injury’ and how do I know if my injuries qualify?” Personal injury can apply to many things, physical and mental, any injury suffered due to a traffic accident, medical mistakes, product defects or even dog bites. In Maryland, Maryland law protects persons injured due to another person’s negligence. 

“But how do I know if the person who injured me was negligent?” The principle that defines negligence is duty. Doctors have a duty to use the utmost care in treating their patients, drivers have a duty to pay attention behind the wheel, and dog owners have the duty to keep their pet restrained if dangerous. Understanding the extent and limits of duty is where experienced legal advice is essential.

“If I do sue, what kind of damages should I seek, and for how much?” There are different types of damages: compensatory, punitive, nominal and a few others. In personal injury cases, two types of compensatory damages are most common, actual and general. Actual damages are costs that you’ve incurred as a direct result of your injuries, e.g. medical expenses, property damage, lost wages. General damages are compensatory for mental anguish, disfigurement, pain and suffering, opportunity costs. These latter damages are the most difficult to calculate.

Making Your Way through the Legal System

Personal injury cases are complex. Different laws and standards apply to different types of injury cases. Insurance settlements may be offered that contain stipulations that are unclear to the injured party. You may shut off damages related to undiscovered injuries. If you do pursue legal action, you may need to find expert witnesses, uncover information from the other party through discovery and file your case – all complicated processes that require a professional’s expertise.

Contact our firm today for a free case evaluation.