Archives for August 2020

Injured While Not Wearing a Seat Belt?

Can You Still Seek Compensation for Your Losses?

Contribute-to-Causing-Your-InjuriesIn Maryland, as in most states, seat belts must be used by drivers and front-seat passengers when a vehicle is in motion on the roadway. What if you’re injured in a motor vehicle accident caused by someone else’s negligence, but you weren’t wearing a seat belt as required by law. Can you still recover compensation for your losses? In Maryland, the answer is a clear “yes.”

In many other states, the failure to wear a seat belt can be introduced as evidence of the injured person’s own negligence and can reduce the amount of damages awarded or prevent recovery of any damages at all. In Maryland, however, state law holds that the “failure to use a seat belt cannot be used as evidence of negligence,” cannot be used as evidence to limit liability, and cannot be used to reduce or diminish recovery for damages. In fact, defense attorneys may not introduce evidence of failure to wear a seat belt in any civil action for person injury, wrongful death, or property damage. Any such evidence is inadmissible pursuant to Maryland Code, Transportation §22-412.3.

Proven Ellicott City Personal Injury Lawyer

Attorney Jonathan Scott Smith has fought for the rights of personal injury victims in the greater Baltimore area and across Maryland for more than three decades. A Maryland SuperLawyer, he’s long been AV-rated by fellow attorneys under Martindale-Hubbell’s Peer Review Rating System. He’s also been honored as a Top-Rated Lawyer by The American Lawyer magazine. A highly experienced trial lawyer with a widespread reputation for success in the courtroom, he’s received the AVVO Client’s Choice Award, with an average client review of 5 stars(the highest rating possible), as well as a perfect 10.0 (Superb) rating from AVVO as a litigator.

Results-Oriented Frederick County, Maryland, Personal Injury Lawyer

If you have suffered needless injury in Maryland because of the wrongful acts of another person, Jonathan Scott Smith can help. Send us an e-mail or call our offices at 410-740-0101 to schedule an appointment. There’s no cost for your first consultation. We represent injured people in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland

Filing a Personal Injury Lawsuit—Part One

Understanding the Process for Recovering Your Losses

Contribute-to-Causing-Your-InjuriesWhen you’re hurt because of the wrongful or careless actions of another person, you hope your insurance and/or the at-fault party will voluntarily cover all your losses. Unfortunately, that rarely happens. To fully protect your interests, it’s often necessary to take legal action. In this series of blogs, we’ll provide an overview of the steps involved in filing a lawsuit for damages.

To initiate legal action, you’ll need to file a complaint. The complaint identifies the parties, describes what happened, and asks the court for specific relief—usually monetary damages to compensate you for lost wages, unreimbursed medical expenses, pain and suffering, loss of companionship or consortium, and loss of enjoyment of life. The complaint must be filed in the appropriate court (the rules governing this can be complex, so we won’t go into them here).

Once your complaint is filed and properly served on all defendants, the defendant(s) have a limited period of time to respond by filing what is known as an “Answer.” Typically, the defendant simply affirms or denies the statements in your complaint, rather than providing detailed responses. The defendant also typically sets forth affirmative defenses and may include counterclaims against you along with their Answer.

If the Answer is timely filed, the court will schedule a pre-trial conference (discussed in greater detail in our next blog). If, however, the Answer is not filed on time, you can ask the court for default judgment in your favor.

Aggressive Baltimore Accident and Injury Lawyer

Attorney Jonathan Scott Smith has successfully protected the rights of injured people throughout the Baltimore area and across Maryland for more than 30 years. A Maryland SuperLawyer, he’s AV-rated (the highest rating) under Martindale-Hubbell’s Peer Review Rating System and has been designated a Top-Rated Lawyer by The American Lawyer magazine. Smith, a successful trial attorney, has received the Client’s Choice Award from AVVO, with an average client review of 5 stars(the highest rating possible), as well as a perfect 10.0(Superb) rating from AVVO as a litigator.

Experienced Prince George’s County, Maryland, Personal Injury Attorney

If you suffer needless injury in Maryland because of someone else’s carelessness or negligence, Jonathan Scott Smith can help. Send us an e-mail or call our offices at 410-740-0101 to schedule an appointment. There’s no cost for your first consultation. We represent injured people in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland

ADDRESS :

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

  • Call for consultation 410-740-0101