Aspen Hill Personal Injury Lawyer
Any time someone gets hurt in a serious accident, their injuries can have consequences far beyond physical pain and suffering. On top of bills for emergency medical treatment and possibly even long-term rehabilitative care, accident victims may find themselves dealing with lost work income, costs associated with repairing or replacing personal property, and various subjective losses that lead to an overall decline in their quality of life.
Fortunately, if you can prove that someone else’s irresponsible conduct was the direct cause of your accident, you could hold that person financially accountable for all your ensuing losses with help from an Aspen Hill personal injury lawyer. Whether your case ends with a private settlement or requires litigation in civil court, a seasoned personal injury attorney could be an essential ally to have by your side.
Potential Grounds for Civil Litigation
While certain types of accidents stand as exceptions to the rule, the legal justification used for most personal injury cases is something called negligence. Put simply, “negligence” is the legal principle that allows someone to bear financial responsibility for another person’s damages even if the liable party did not knowingly intend to cause anyone any harm.
In the context of civil law, negligence has four main components, each of which must be present for an injured “plaintiff” to take legal action against a “defendant.” Specifically, a successful plaintiff must be able to show through a “preponderance of the evidence” that a defendant had an implicit or explicit responsibility to act reasonably around the plaintiff, did something reckless or careless enough to count as a “breach” of that duty, caused an accident as a direct consequence of that breach, and caused the plaintiff compensable losses as a direct consequence of that accident.
The form each of these components take can vary significantly depending on the circumstances—for example, motor vehicle drivers must drive safely and in accordance with state and local traffic laws to fulfill their “duty of care,” whereas a property owner may need to regularly inspect their property for hazardous conditions and warn certain visitors about all known hazards. An Aspen Hill personal injury attorney could explain how these legal concepts may apply to a particular situation and what that might mean for an individual’s chances of financial recovery.
What Could Potentially Hinder Recovery?
Unfortunately, Maryland state law imposes restrictions on personal injury litigation that are significantly harsher than those enforced by many other states. For instance, Maryland is one of only a few states that still follows a pure contributory negligence system, under which any percentage of fault—even one percent—borne by a plaintiff for their own injuries completely disqualifies that plaintiff from seeking civil compensation.
Additionally, Maryland Code, Courts & Judicial Proceedings §3-2A-09 sets caps on how much personal injury victims can recover for “pain and suffering” damages, and MD Code, C&JP §5-101 sets a filing deadline of three years following an injury for related civil claims. Navigating around these and other procedural obstacles in pursuit of fair financial restitution can be next to impossible without help from a qualified personal injury lawyer in Aspen Hill.
Speak with an Aspen Hill Personal Injury Attorney Today
Even if you have been in civil court before, you should think twice before trying to pursue a personal injury claim by yourself. No matter how strong a claim you think you may have, you will almost certainly have a difficult time fighting against contentious defense lawyers and insurance representatives if you fail to retain skilled legal counsel of your own.
After you get the medical care you need to stabilize your condition, contacting an Aspen Hill personal injury lawyer should be a high priority after a serious accident caused by someone else’s negligence. Call today to set up a meeting.
