Archives for November 2012

Understanding Contributory Negligence in Maryland Car Accident Claims

Columbia Maryland Car Accident Lawyer

The state of Maryland is one of only a handful of states that follows the system of pure contributory negligence when it comes to recovering compensation for injuries suffered in a car accident. What is the doctrine of pure contributory negligence? Under pure contributory negligence, an injured party can recover damages only if they are not in any way at fault in the cause of a car accident. Practically speaking, this means if the court determines you were only 1% at fault in causing a car crash, you wouldn’t be eligible to recover damages for your injuries.

Insurance Companies and the Doctrine of Pure Contributory Negligence in Car Accident Claims

You can bet insurance companies are aware of the doctrine of pure contributory negligence and what it means for claims related to car accidents. That’s why insurers retain a team of accident investigators, accident reconstructionists, and medical experts. If they can gather and present evidence that you contributed to what happened, they can greatly reduce or avoid paying a claim altogether. But how often can the doctrine of pure contributory negligence affect the outcome of a car accident claim?

Well, imagine you’re driving in inclement weather. Suddenly, the car in front of you spins out or slams on the brakes and you rear-end them. You’re not at fault, right? It was the snow or ice and the bad driving on the part of the person you hit. Well, if after measuring skid marks and analyzing the damage done to your car and the one you hit, it’s likely the insurer will argue you were driving too fast or too close, given the weather conditions. Alternatively, if you were the car rear-ended, investigators will argue you contributed to the accident for similar reasons.

Other Strategies for Reducing Claims in Car Accidents

Car insurance companies won’t stop at investigating the nature or cause of an accident. In order to strengthen their case, they’ll want to talk to you, the injured person, as soon as possible after the crash. Here, an insurance agent will feign concern or interest in your condition in the hopes of gaining your confidence so that you’ll open up and answer questions that hopefully show you were negligent in some way. For example, you might be asked what you remember, if you saw brake lights, how fast you were going, if you were on your cell phone, etc.

Car Accident Lawyer Howard County MD

Jonathan Scott Smith is a top-rated car accident lawyer, with over 30 years of courtroom experience. As you can see by his background, Mr. Smith is an experienced, respected, and credentialed trial attorney. He has successfully handled car crash and car accident cases for over three decades. He fights hard for his clients. That’s why many satisfied clients think so highly of him.

Mr. Smith’s extensive trial experience — and track record of successful results in car accident and other cases — has earned him the recognition of his peers, with an AV® Preeminent™* Peer Review Rating in the Martindale-Hubbell peer review rating process, and a 10.0 Superb AVVO rating. These are the highest ratings possible for legal skill, ethical practice, a lawyer’s years in practice, disciplinary history, professional achievements and industry recognition.

Protect Yourself – Contact Car Accident Attorney Jonathan Scott Smith

If you’ve been involved in a car accident, contact Columbia, Maryland car accident attorney or call 410-740-0101 to learn how we can protect you. We understand how insurance companies work and the different methods they use to reduce or avoid paying car accident claims.

Woman Injured In Anne Arundel County Pedestrian Accident

Pedestrian Accident Sends Woman to Shock Trauma

On November 28, 2012 at approximately 16:19 p.m., Anne Arundel County police officers responded to a pedestrian accident at East Central Avenue near West Shore Road, Edgewater, Maryland, the police department reported. The pedestrian was transported by helicopter to the University of Maryland Shock Trauma where she was listed in critical condition.

Preliminary evidence indicated that a 2005 Ford F-150 truck, driven by Michael Joseph Maszczenski Jr., was traveling east on East Central Avenue in the furthest right travel lane. The pedestrian, Susan Blanchard Harris, ran into the roadway from Maszczenski’s right and struck the right side of the truck. The truck’s right side mirror hit Ms. Harris’ head, and the mirror fell in the roadway after impact. The driver stopped at the scene and awaited assistance from responding emergency personnel. According to the Anne Arundel County Police Department, pedestrian error was the primary contributing factor to this incident.

Pedestrian Accident Statistics

The most recent pedestrian accident statistics from the National Highway Traffic Safety Administration, U. S. Department of Transportation, indicate that there are 4,092 pedestrians killed and 59,000 injured in pedestrian accidents annually. A pedestrian has a high probability of being injured seriously, or being killed, in a pedestrian accident because cars and trucks are larger, heavier, and often travelling at high speeds.

Anne Arundel County Pedestrian Accident Lawyer

Jonathan Scott Smith is a top-rated pedestrian accident attorney, with over 30 years of courtroom experience. As you can see by his background, Mr. Smith is an experienced, respected, and credentialed trial attorney. He has successfully handled pedestrian accident cases for over three decades, including pedestrian accidents in Anne Arundel County MD. He fights hard for his clients. That’s why many satisfied clients think so highly of him.

Top Rated Personal Injury Lawyer Anne Arundel County MD

Mr. Smith’s extensive trial experience — and track record of successful results in auto pedestrian accident and other cases — has earned him the recognition of his peers, with an AV® Preeminent™* Peer Review Rating in the Martindale-Hubbell peer review rating process, and a 10.0 Superb AVVO rating. These are the highest ratings possible for legal skill, ethical practice, a lawyer’s years in practice, disciplinary history, professional achievements and industry recognition.

Pedestrian Accident Attorney Anne Arundel County MD

If a pedestrian accident has caused injuries to, or the death of, a family member, you need an experienced pedestrian accident lawyer and wrongful death attorney. Jonathan Scott Smith will help guide you through this tragedy, and help you obtain justice and closure.

Contact Us Now

Call 410-740-0101 now, or fill out our intake form, to schedule a consultation.

Woman Dies in Anne Arundel County Fatal Car Accident

Fatal Car Accident in Odenton Claims Life

On November 25, 2012, at approximately 8:18 p.m., Anne Arundel County police officers responded to the 1100 block of Annapolis Road in Odenton for a fatal car accident involving a 2003 Chevrolet Silverado and a 2001 Lexus, The Baltimore Sun reported. Car crash investigators from the Traffic Safety Section concluded that the Chevrolet was traveling west on Annapolis Road when the Lexus, which was pulling out of the parking lot at 1144 Annapolis Road, suddenly pulled into the path of the Chevrolet. The two vehicles collided and the Lexus came to rest in the grassy area on the south side of the road. The Chevrolet began to rotate and struck a telephone pole before coming to rest on the south edge of the roadway.

Driver Dies in Anne Arundel County Fatal Car Accident

Tragically, the driver of the Lexus, Tori Danielle Stitely, 27, of 53 ½ Cornhill Street, Annapolis Md, died at University of Maryland Shock Trauma. Initial investigation indicated that the cause of the fatal car accident appeared to be that the Lexus failed to yield the right of way to the Chevrolet. It was unknown if speed, alcohol or drugs were factors in this crash. The driver of the Chevrolet Silverado fled the scene.

A fatal car crash is devastating for surviving family members, who have to deal with grief, medical bills, and funeral expenses. Help isavailable at such a tragic time as a fatal car accident.

Fatal Car Accident Lawyer Anne Arundel County MD

Jonathan Scott Smith is a top-rated fatal car accident lawyer, with over 30 years of courtroom experience. As you can see by his background, Mr. Smith is an experienced, respected, and credentialed trial attorney. He has successfully handled fatal car accidents, including fatal car crash cases in Anne Arundel County, for over three decades. He fights hard for his clients. That’s why many satisfied clients think so highly of him.

Top Rated Personal Injury Lawyer Anne Arundel County MD

Mr. Smith’s extensive trial experience — and track record of successful results in fatal car accident and other cases — has earned him the recognition of his peers, with an AV® Preeminent™* Peer Review Rating in the Martindale-Hubbell peer review rating process, and a 10.0 Superb AVVO rating. These are the highest ratings possible for legal skill, ethical practice, a lawyer’s years in practice, disciplinary history, professional achievements and industry recognition.

Anne Arundel County Fatal Car Crash Attorney

If a fatal car accident has caused injuries to, or the death of, a family member, you need an experienced fatal car accident lawyer and wrongful death attorney. Jonathan Scott Smith will help guide you through this tragedy, and help you obtain justice and closure. We handle fatal car accidents in Anne Arundel County, including Odenton, Severna Park, Glen Burnie, Annapolis, and the surrounding area.

Call 410-740-0101 now, or fill out our intake form, to schedule a consultation.

Nursing Home Abuse – Maryland Attorney

Nearly one in three nursing homes have been cited for nursing home abuse, notes a congressional report.nursing-home-abuse A review of state inspections revealed that some 5,283 nursing homes have been cited for nearly 9,000 abuse violations.

Examples of nursing home abuse include residents who have been choked, punched, or kicked by nursing home employees and other residents. Abuse violations also include sexual abuse. It is extremely upsetting to wonder whether your vulnerable loved one is safe in the place where they are supposed to be well cared for.

Stop Nursing Home Abuse Now

If you suspect that your loved one is being abused or mistreated in some way, it is important to advocate persistently on his or her behalf. You can contact an attorney to help you discern whether you have a legal basis for filing a legal claim for nursing home abuse against the nursing home.

There are also many Maryland organizations dedicated to stopping or preventing nursing home abuse and maltreatment. These include:

Signs of Nursing Home Abuse, Mistreatment, and Neglect

Potential indicators of nursing home abuse, aside from obvious signs like broken bones, cuts and bruises, and lacerations, include:

  • Malnutrition
  • Dehydration
  • Bedsores not treated
  • Accidents that could have been prevented, including letting a person with dementia wander off
  • Poor sanitation and hygiene
  • Inadequate restraint or over-restraint

Decisions about entering a nursing home are often made during a crisis, when people do not have good information. You can order a free copy of the Maryland Attorney General’s Report, “Nursing Homes: What You Need to Know,” by calling 410-576-6500.

Maryland Medical Malpractice Lawyer

Medical malpractice attorney Jonathan Scott Smith has been helping injured people for more than 30 years. He has handled successfully medical malpractice cases, including cases where nursing home residents have been the victim of neglect.

Mr. Smith’s extensive trial experience — and track record of successful Past Results — has earned him the recognition of his peers, with an AV® Preeminent™* Peer Review Rating in the Martindale-Hubbell peer review rating process, and a 10.0 Superb AVVO rating. These are the highest ratings possible for legal skill, ethical practice, a lawyer’s years in practice, disciplinary history, professional achievements and industry recognition.

Contact an Experienced Nursing Home Abuse Attorney in Columbia, Maryland

If you or a loved one has suffered nursing home mistreatment, neglect, or abuse, get help now. Speak to an attorney who can help protect your rights. To schedule an appointment with experienced nursing home medical malpractice attorney Jonathan Scott Smith in Columbia, Maryland, call 410-740-0101 or contact us online.

Four Injured in Howard County School Bus Accident

Bus Accident Injures Student and Drivers in Howard County

On Friday, November 16, 2012, two drivers and one student were injured after a school bus crash involving a Montgomery County school bus and a car on Route 97 in Howard County, The Baltimore Sun reported.

A police spokeswoman, Sherry Llewellyn, stated that at approximately 1:40 p.m. a Toyota Corolla traveling southbound on Route 97 clipped the school bus, which was traveling northbound, while attempting a left turn, according to the newspaper.

Any school bus crash can be a frightening experience for parents, who naturally are concerned for the welfare of their children.

School Bus Accident Statistics

The National Highway Traffic Safety Administration compiles school bus accident statistics. Since 1998, 1,564 people have died in school transportation-related crashes—an average of 142 fatalities per year. Most of the people who lost their lives in those crashes (72%) were occupants of other vehicles involved. Non-occupants (pedestrians, bicyclists, etc.) accounted for 20 percent of the deaths, and occupants of school transportation vehicles accounted for 8 percent.

If your child was injured or killed as a result of a school bus accident, or bus crash, a school bus accident attorney can help.

School Bus Accident Attorney Howard County MD

Jonathan Scott Smith is a top-rated bus accident lawyer, with over 30 years of courtroom experience. As you can see by his background, Mr. Smith is an experienced, respected, and credentialed trial attorney. He has successfully handled car accident cases, including bus accidents, for over three decades. He fights hard for his clients. That’s why many satisfied clients think so highly of him.

Mr. Smith’s extensive trial experience — and track record of successful results in bus crash, school bus crash, and other accident cases — has earned him the recognition of his peers, with an AV® Preeminent™* Peer Review Rating in the Martindale-Hubbell peer review rating process, and a 10.0 Superb AVVO rating. These are the highest ratings possible for legal skill, ethical practice, a lawyer’s years in practice, disciplinary history, professional achievements and industry recognition.

Bus Accident Lawyer Columbia MD Ellicott City MD

If you need help with a school bus accident or bus crash case, contact us online or call us now at 410-740-0101. Let us use our skill, experience, knowledge and resources to help you. Attorney Jonathan Scott Smith represents clients in wrongful death cases and personal injury cases involving school bus accidents and bus crash cases throughout Maryland and the Baltimore area.

Woman Dies in Prince George’s County Fatal Pedestrian Accident

Fatal Pedestrian Accident Kills Woman in Prince George’s County

On November 12, 2012, at approximately 7:30 pm, Prince George’s County police officers responded to the 3800 block of Kenilworth Avenue for a fatal pedestrian. Upon arrival, officers found 46 year-old Mary Katherine Harding suffering from life threatening injuries. She was rushed to a local hospital where she was later pronounced dead.

According to the Prince George’s County Police Department, a preliminary investigation revealed that Harding, of the 2400 block of 57th Place in Bladensburg, apttempted to cross Kenilworth Avenue when she was struck by two vehicles, a gold Chrysler 300M and a white Nissan Altima. The pedestrian was not in a crosswalk. Both drivers remained on the scene. It did not appear that speed or alcohol were a factor on the part of the drivers.

A Pedestrian Accident is a Catastrophic Loss for Surviving Family Members

Losing a family member in a pedestrian accident is horrific. Pedestrian Accidents can cause traumatic injuries, or death, because of the force involved when a motor vehicle collides with a person’s body. An experienced pedestrian accident attorney can help recover medical bills, lost income, funeral expenses, and compensation for the grief caused by losing a loved one.

Pedestrian Accident Attorney Prince George’s County MD

Jonathan Scott Smith is a top-rated pedestrian accident attorney, with over 30 years of courtroom experience. As you can see by his background, Mr. Smith is an experienced, respected, and credentialed trial attorney. He has successfully handled pedestrian accident cases for over three decades. He fights hard for his clients. That’s why many satisfied clientsthink so highly of him.

Top Rated Personal Injury Lawyer Prince George’s County MD

Mr. Smith’s extensive trial experience — and track record of successful results in auto pedestrian accident and other cases — has earned him the recognition of his peers, with an AV® Preeminent™* Peer Review Rating in the Martindale-Hubbell peer review rating process, and a 10.0 Superb AVVO rating. These are the highest ratings possible for legal skill, ethical practice, a lawyer’s years in practice, disciplinary history, professional achievements and industry recognition.

Prince George’s County Fatal Car Accident Attorney

If a fatal pedestrian accident caused by an auto pedestrian accident has caused injuries to, or the death of, a family member, you need an experienced fatal car accident lawyer and wrongful death attorney. Jonathan Scott Smith will help guide you through this tragedy, and help you obtain justice and closure.

Contact Us Now

Call 410-740-0101 now, or fill out our intake form, to schedule a consultation.

Man Dies in Anne Arundel County Fatal Car Accident

Fatal Car Accident in Hanover Claims Life

On November 5, 2012, at approximately 1:07 a.m., Anne Arundel County Police responded to a fatal car accident involving on Corporate Center Drive near Old Stoney Run Way in Hanover. A GMC SUV apparently struck a guardrail and subsequently caught fire, Officers arrived on scene and located a single vehicle fully engulfed by fire and impaled by the guardrail, according to the Anne Arundel County Police Department. Fire Department personnel responded and extinguished the vehicle fire. Upon doing so, they located a single occupant (driver) inside the vehicle. The driver was pronounced deceased at the scene.

Investigation determined the vehicle was traveling northwest on Corporate Center Drive when it failed to negotiate the gradual curve of the roadway and left the road for unknown reasons. The SUV then struck the guardrail adjacent to the right side of the paved roadway and continued forward as the guardrail traveled through the vehicle, injuring the driver and causing the vehicle to catch on fire. At this juncture in the investigation, it is unknown if alcohol or impairment contributed to this crash.

Losing a loved one in a fatal car accident is a devastating experience. This is especially so when the accident was caused by another person’s carelessness or negligence. An experienced fatal car accident lawyer can fight for you and help you deal with medical bills, funeral expenses, lost income, and grief.

Fatal Car Accident Lawyer Anne Arundel County MD

Jonathan Scott Smith is a top-rated fatal car accident lawyer, with over 30 years of courtroom experience. As you can see by his background, Mr. Smith is an experienced, respected, and credentialed trial attorney. He has successfully handled Anne Arundel County wrongful death cases, including fatal car accident cases, for over three decades. He fights hard for his clients. That’s why many satisfied clients think so highly of him.

Top Rated Fatal Car Crash Attorney

Mr. Smith’s extensive trial experience — and track record of successful results in fatal car crashes and other cases — has earned him the recognition of his peers, with an AV® Preeminent™* Peer Review Rating in the Martindale-Hubbell peer review rating process, and a 10.0 Superb AVVO rating. These are the highest ratings possible for legal skill, ethical practice, a lawyer’s years in practice, disciplinary history, professional achievements and industry recognition.

Contact Us Now

If a fatal car crash or fatal car accident was caused by a driver’s negligence or carelessness, and it has resulted in injuries to, or the death of, a family member, you need an experienced fatal car crash attorney and wrongful death lawyer. Jonathan Scott Smith will help guide you through this tragedy, and help you obtain justice and closure. Call 410-740-0101 now, or fill out our intake form, to schedule a consultation.

Mr. Smith handles fatal car accident cases in Anne Arundel County, including Hanover, Glen Burnie, Annapolis, Severn, Odenton, Ft. Meade, Jessup, Crofton, and Pasadena.

Johnson & Johnson Surgical Stapler Recall Lawsuits

FDA Announces J & J Surgical Stapler Recall

On October 26, 2012, the U. S. Food and Drug Administration announced a surgical stapler recall of Johnson & Johnson Ethicon Endo-Surgery Circular Stapler medical devices. These surgical stapler devices are used in the surgical treatment of prolapse and hemorrhoids, or in other applications where circular or semicircular stapling of anorectal tissue (i.e. the structure of the anus and rectum) is needed.

The surgical stapler recall of these medical devices was based on the difficulty users have firing the surgery stapler devices, resulting in incomplete firing stroke and incomplete staple formation.

The Wall Street Journal reported that Johnson & Johnson recalled more than 157,000 surgical stapler devices and accessories used in hemorrhoids treatment procedures due to potential malfunctions that pose a serious safety risk.

Injuries Caused Resuled in Surgical Stapler Recall

The FDA surgical stapler recall was based on the injuries that could be caused by this medical device. Failure to complete the firing stroke of the stapler can result in:

  • Severe pain
  • Sphincter dysfunction
  • Rectal wall damage
  • Sepsis (blood infection)
  • Bleeding
  • Occlusion (blockage) of the rectal canal.

Failure to complete the firing stroke can also result in poor staple formation, dehiscence of the rectal wall staple line (a surgical complication in which a wound breaks open along surgical suture), and bleeding.

Maryland Defective Medical Device Attorney

If you or a loved one has suffered injury as a result of a defective medical device, including a surgical stapler, you need an experienced Maryland medical device lawyer to fight for you. Medical malpractice attorney Jonathan Scott Smith has been helping injured people for more than 30 years. He has handled successfully medical malpractice cases, including cases involving defective medical devices.

Mr. Smith’s extensive trial experience — and track record of successful Past Results — has earned him the recognition of his peers, with an AV® Preeminent™* Peer Review Rating in the Martindale-Hubbell peer review rating process, and a 10.0 Superb AVVO rating. These are the highest ratings possible for legal skill, ethical practice, a lawyer’s years in practice, disciplinary history, professional achievements and industry recognition.

Contact Us

If you or a loved one has suffered a serious injury because of a defective medical device, including one subject to a surgical stapler recall, contact us.

ADDRESS :

  • Jonathan Scott Smith 10490 Little Patuxent Parkway, Suite 200 ,Columbia, MD 21044-4960

  • Call for consultation 410-740-0101