Baltimore Personal Injury Lawyer

In personal injury cases, the burden of proof rests with the plaintiff. In other words, the plaintiff has to be able to persuade a judge or jury that their version of events is true.

The standard of proof for these cases is a “preponderance of the evidence.” This standard is satisfied when the evidence suggests that the plaintiff’s story is more likely true than not.

The deadline to bring a personal injury case will depend on your particular situation. However, in most cases, the statute of limitations in Maryland is three years. That means you’ll have up to three years from the date of your accident to file a civil claim.

You could have more or less time to act. Know, however, that you will forfeit the right to recover from the at-fault individual if you miss the deadline that applies to your case.

Most Baltimore personal injury attorneys work on contingency. In exchange for legal representation with no upfront fees, the attorney receives a percentage of a client’s financial award.

While this can and does vary, most personal injury lawyers charge between 33.3 and 40 percent.

There are several general factors that can influence what an attorney will charge for their services:

• How long the attorney has been practicing
• The type of claim you’re filing
• How easy or difficult your legal case is
• How much time the attorney believes they’ll have to invest in your case

Every injury law firm has a different fee structure. Be sure to talk about this before hiring them – they should be transparent about what it will cost to hire them and answer any questions you have.

We serve all neighborhoods in Baltimore and surrounding areas, including:

• Canton (21224)
• Charles Village (21218)
• Downtown (21201)
• Hampden (21211)
• Little Italy (21202)
• Harbor East (21202)
• Inner Harbor (21230)
• Federal Hill-Montgomery (21230)
• Fells Point (21231)
• Mount Vernon (21201)
• Patterson Park (21224)
• Sharp Leadenhall (21320)
• Westside (21201)

Here are a few quick tips:

• Seek medical attention. Sometimes, injuries are not immediately apparent — especially head injuries or damage to internal organs.
• Remain at the scene — fleeing could greatly hurt your case.
• Contact the authorities. This usually means calling 911.
• Exchange information with other involved parties.
• Do not apologize or admit fault. These statements could be used against you later on.

We recommend that you consult an attorney as soon as possible to protect your rights and begin building your case. Call our office or send us a message through our online form to learn how working with our attorneys and staff can make a difference.

There are two key factors to keep in mind:

1. Did someone else cause you harm?
2. Did you suffer damages as a result?

If the answer to these questions is yes, there’s a good chance you have a claim. It’s best to speak with an attorney to determine whether you have a cause of action.

Whether your accident happened at home, at a job site, on the road, or elsewhere, our team is here to help. Reach out to us today to learn more about our practice areas and legal services.

Here are a few examples of parties that could be liable for your injury:

• Other individuals
• Businesses
• Governmental entities

Personal injury cases vary widely. Here are some factors that can influence a case’s value:

• The severity of the injury
• Who the other side is (private individual, business, governmental entity)
• The amount of evidence available
• The applicable insurance coverage and policy limits
• The extent of your emotional and physical harm

Most personal injury and medical malpractice cases are based on the argument that the plaintiff (victim) was harmed because the defendant (allegedly at-fault party) was negligent. Negligence basically means that a person’s actions weren’t reasonable under the circumstances and, as a result, caused the plaintiff to get hurt.

There are four primary elements of a negligence claim:

• Duty: The at-fault party must have owed the injury victim a duty of care. That means the defendant had a responsibility to act reasonably and avoid putting others at an increased risk of sustaining harm. They must exercise the degree of caution that a reasonable person would use in similar circumstances.

Generally speaking, there are times when we all owe one another a duty of care. For instance, if you’re driving a car, you have to do so in a way that is safe and doesn’t put others in harm’s way. There are times when a duty is established based on the special relationship between two people. This can happen when you visit the doctor or enter someone else’s property by invitation.

• Breach: It must be proven that the duty of care was breached in some way. In other words, the defendant failed to act reasonably and put the plaintiff at risk of harm.

A defendant can breach their duty through action (e.g., driving under the influence of drugs or alcohol) or inaction (e.g., failing to yield to a pedestrian in a crosswalk).

• Causation: The at-fault party’s behavior must have caused the plaintiff’s injury.

“Cause in fact” means that the plaintiff would not have gotten hurt “but for” the defendant’s actions (or inaction). This element is fairly straightforward.

Then there’s “proximate cause,” which is often more difficult to establish. Someone will only be responsible for injuries that are a foreseeable consequence of their conduct. In other words, the cause of a victim’s injury cannot be too disconnected from the defendant’s actions.

• Damages: The plaintiff must be able to prove that they have suffered damages. Damages can be monetary (e.g., the cost of replacing damaged property, medical bills, and lost wages), physical (e.g., disfigurement or scarring), and/or emotional (e.g., pain and suffering, depression, or PTSD).

An accident victim will win their personal injury case if they can prove all four elements by a preponderance of the evidence.

Negligence per se occurs when a party violates a safety law and causes an injury or harm that the law was designed to prevent.

In order to establish this type of claim, an accident victim must show that the law the defendant violated was specifically intended to prevent (a) the party’s specific conduct and (b) the kind of harm the victim experienced.

Once the doctrine of negligence per se is invoked, the burden of proof shifts to the defendant. If they can’t provide a legitimate excuse or disprove the allegations, they’ll be responsible for the plaintiff’s injuries.

Driving a few miles per hour over the speed limit on a highway in Baltimore might be considered negligent. Doubling the speed limit on a city street during rush hour would likely be considered gross negligence. Gross negligence is conduct that’s way more than mere carelessness. It’s behavior that’s reckless, willful, or exhibits a conscious disregard for others.

Proving gross negligence can open the door to higher awards of compensation. In some cases, punitive damages might even be on the table.

There are times when a defendant can be liable for a plaintiff’s injuries regardless of how much attention or caution they exercised. This is thanks to something called “strict liability.” Strict liability is most often applied in dog bite and product liability cases.

For instance, under Maryland state law, an owner is strictly liable for harm caused by their dog, regardless of whether the owner knew the dog was vicious and despite any steps the owner took to prevent the dog from attacking. Similarly, companies can be strictly liable if their products are defective or unreasonably dangerous, even if the company took great care in designing, manufacturing, or marketing those products.