Maryland Personal Injury Cases: What are Some Basics?
If you have been the victim of an accident — through no fault of your own — here in Waldorf, Maryland, you have the right to bring an insurance claim and/or bring a lawsuit to recover compensation for your injuries. There are many different types of accidents — like vehicle crashes, slip and fall accidents, medical malpractice, falling debris from buildings and more. There are some basic similarities for personal injury cases, but each type requires a unique and deep set of legal talents from your Waldorf, Maryland personal injury attorneys. Here is some basic information on Maryland personal injury claims.
In general, legally, the term “personal injury” means any sort of injury that is caused by another and includes physical, mental and emotional injuries. If you have been injured, a Waldorf, Maryland accident attorney can help you recover compensation. You are also entitled to compensation for damage to property like if your vehicle is damaged in an automobile accident in Charles County.
Most personal injury cases are evaluated and resolved under the law of negligence. In simple terms, a person commits negligence if they fail to take proper precautions to avoid injuring another. If a person (or company) is found to have committed negligence, then that person (or company) will be held legally liable and they will be ordered to pay compensation. In a Waldorf, Maryland personal injury case, the victim who has been injured must provide evidence showing four legal elements. These are required by Maryland personal injury law. In Charles County, the victim in a personal injury case is called the “plaintiff,” and the person accused of wrongdoing is called the “defendant.” The four elements of negligence are:
● The defendant had one or more duties to protect the plaintiff from harm
● The defendant breached one or more duties
● The defendant’s breach of duty caused the plaintiff’s injury
● The plaintiff suffered actual injury (or damage to property)
The duty element can be a general duty. For example, all persons (and companies) owe a general duty to everyone to avoid causing injury. That might just be the duty to keep a careful watch when, for example, driving a car. Failure to keep a careful watch will be a breach of duty. If injury is caused, then the person (or company) will be deemed liable to pay compensation. Duties can also be imposed by Maryland statutes and rules. Thus, for example, Maryland drivers have a duty to obey traffic laws. Failure to obey traffic laws is a breach of duty which, if injury is caused, will make the at-fault driver liable to pay compensation.
The compensation to which a Maryland personal injury victim is entitled is generally called “damages.” As noted, a victim can recover money for any and all damages including costs for medical care and expense, for pain and suffering, lost wages and income, for mental injuries and emotional distress and more.
Contact Waldorf MD Personal Injury Attorney Robert Castro Today
This article has been provided by the Law Office of Robert Castro. For more information or questions contact our office to speak to an experienced lawyer at (301) 870-1200. We are your local personal injury lawyer in Waldorf, MD.
