Wheaton Personal Injury Lawyer
It can happen in an instant—a collision with a reckless driver, a sudden fall in a retail store, a defect in a consumer product, or even an attack from a domesticated animal. Whatever circumstances led to you getting hurt, you are likely dealing with significant physical, financial, and personal losses as a result, and you may have a lot of questions about what legal options may be available to you.
While Maryland is not as friendly to civil plaintiffs as many other states are, it is still possible to recover fair civil compensation after a serious accident with guidance from an experienced attorney. Once retained, your Wheaton personal injury lawyer could walk you through every element of your potential claim, help you collect evidence to prove someone else at fault for your injuries, and demand restitution for both economic and non-economic losses.
How State Law Governs Personal Injury Cases
On a basic mechanical level, personal injury claims work the same in Wheaton and throughout the State of Maryland as they do just about anywhere else in the United States. With a few exceptions, virtually every such case revolves around an injured “plaintiff” proving that a “defendant” engaged in reckless or careless behavior that constituted a violation of a duty of care, and that the defendant’s irresponsible actions were the direct cause of the damages for which the plaintiff is seeking compensation.
However, Maryland is somewhat unique in that state law imposes caps on recovery for non-economic damages not just in cases based on medical negligence, but in all personal injury cases. Under Maryland Code, Courts & Judicial Proceedings §3-2A-09, a cap of $890,000 applies to recovery for “pain and suffering” damages in typical personal injury cases as of October 1st, 2020, and the most that plaintiffs can recover for non-economic harm across both wrongful death claims and survival actions combined is $2,250,000.
Furthermore, Maryland courts still follow an outdated “pure contributory fault” system that allows them to completely disqualify a plaintiff from civil recovery if that plaintiff bears any fault whatsoever for their injuries or for the circumstances leading up to their accident. Fortunately, assistance from a Wheaton personal injury attorney could go a long way towards minimizing the impact that these and other legal roadblocks have on a civil case.
What Legal Counsel Could Do to Help
From start to finish of the civil litigation process, the guidance and support of a seasoned legal professional can have a monumental effect on how efficiently the case progresses and how effectively a plaintiff can seek the restitution they deserve. In addition to helping with the collection of physical and documentary evidence, a skilled legal representative may also have connections with medical professionals, accident reconstruction experts, and other parties who could provide valuable testimony supporting a plaintiff’s case.
Once litigation actually begins, even the mere presence of legal counsel on a plaintiff’s side can discourage insurance adjusters and defense attorneys from trying to take advantage of injured parties and pressure them into accepting lowball settlement offers. With a dedicated lawyer by their side, a personal injury victim in Wheaton will almost always have much better odds of maximizing their recovery.
Contact a Wheaton Personal Injury Attorney Today
A personal injury has the potential to sidetrack your plans for months and put you in serious debt from medical bills and various other expenses. If you only got hurt because someone else was negligent, they should bear the brunt of those financial and personal losses—and with assistance from a legal professional, you may be able to make sure they do.
A knowledgeable Wheaton personal injury lawyer is ready and available to help with your potential claim. Call today to set up a consultation.
