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.

How convincing does the plaintiff’s story have to be? In Maryland, 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.

Based on all of the evidence, testimony, and arguments, a fact finder simply has to believe that there’s a 51 percent chance or more that the plaintiff’s account is true.

Note, there are times when the burden of proof shifts. In cases where a plaintiff builds their case on the grounds that a defendant was “negligent per se” – or negligent because they violated a safety law that was intended to prevent the type of harm that occurred – the burden begins with the plaintiff and then shifts to the defendant. The defendant is presumed to be negligent unless and until they can prove otherwise.

The amount of time you’ll have to assert your rights and demand compensation will depend on your particular case. However, in most cases, the statute of limitations in Maryland is three years. That means that 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 compensation if you miss the deadline that applies to your case.

Most lawyers work on contingency. In exchange for representation with no upfront fees, the attorney receives a percentage of a client’s financial award. While this can and does vary, most lawyers charge between 33.3 and 40 percent.

There are several factors that can influence what an attorney will charge for their services. This might include things like:

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

Every 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.

At William G. Kolodner Personal Injury Lawyers, 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:

• Receive medical attention. Sometimes, injuries are not immediately apparent.
• Remain at the scene. Fleeing the scene could greatly hurt your case.
• Contact the authorities. This usually means calling 911.
• Do not accept blame. Statements of blame could be used against you later on.

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.

You might have to go through your or the other party’s insurance company initially, but not always.

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 a few factors that can influence a case’s value:

• Severity of injury
• Type of injury
• Who the other side is (private individual, business, governmental entity)
• Amount of evidence available

In Maryland, most 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 party’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. A duty of care means that the defendant has a responsibility to act reasonably and avoid putting others at an increased risk of suffering harm. They must exercise the degree of care and caution that a reasonable person would use in similar circumstances.

When does a defendant assume a duty of care? It depends. 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: Once it’s established that the defendant did, in fact, owe the victim a duty of care, it must be proven that this 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 a duty of care by through action (e.g., driving under the influence of drugs or alcohol) or inaction (e.g., not taking the keys away from a friend who is visibly impaired and unable to drive safely).

• Causation: It’s not enough for a party to breach their duty of care. Their behavior must have caused the plaintiff’s injury. Maryland law requires two types of causation to be present.

“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. Proximate cause is used to narrow the scope of causation. An at-fault party will only be responsible for injuries that are a foreseeable consequence of their injuries. In other words, the cause of a victim’s injury cannot be too disconnected from the defendant’s actions.

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

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

Sometimes plaintiffs in personal injury matters don’t have to go through the trouble of proving that a party was negligent. 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 negligence per se, 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 victim experienced. It doesn’t matter whether the defendant knew about the law or statute. The fact that it exists and was violated is sufficient.

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

Driving a few miles per hour over the speed limit on a highway on the outskirts of Baltimore might be considered negligence. 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, voluntary, or exhibits a conscious disregard for others.

Why is gross negligence important if you can establish fault by simply proving negligence? 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 care, attention, or caution they exercised. This is thanks to something called “strict liability.” Strict liability is imposed by state law in very specific circumstances. It’s 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.