Archives for September 2020

Personal Injury Claims—Proof Requirements—Part One

Demonstrating the Defendant Acted Unreasonably

Personal Injury Claims—Proof Requirements—Part OneWhen you suffer physical injury and/or property damage in an accident, you have the right to seek compensation for your losses. If you aren’t able to get adequate relief from insurers or the at-fault party voluntarily, you may need to file a lawsuit in civil court. To succeed with such a claim, you’ll have to prove that the defendant acted negligently. That requires you to show that:

  • The defendant did not act as a reasonable person would under the circumstances;
  • The failure to act reasonably caused an accident; and
  • You suffered actual losses as a consequence of the accident.

Let’s look at the first element of proof—the breach of the duty of care. Under the accepted principles of personal injury law, every person in society has a duty to act reasonably in all pursuits. That applies to driving a car, designing and manufacturing products, and maintaining the premises of property, as well as other activities. To have a claim for damages after an accident, you must show that the defendant (the person you want to pay for your losses) breached the duty to act reasonably. That breach may take many different forms. Examples include speeding or running a red light, failing to test a product for safety, and improperly maintaining walkways on property.

The determination whether a defendant met the standard of care is made by the finder of fact (typically the jury) at trial. There’s no specific standard set forth in the law. Whether or not conduct was reasonable is ascertained on a case-by-case basis, based on the unique facts of each lawsuit.

Proven Maryland Personal Injury Attorney

Jonathan Scott Smith has fought for the rights of injured people throughout the Baltimore area and across Maryland for over three decades. A Maryland SuperLawyer, he’s AV-rated (the highest rating) by fellow attorneys under Martindale-Hubbell’s Peer Review Rating System. He’s also been called a Top-Rated Lawyer by The American Lawyer magazine. A successful trial attorney known for getting results, he’s 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.

When you hire attorney Smith to handle your claim, he’ll start by conducting a thorough investigation of the accident, visiting the scene if necessary. When necessary, he’ll work with expert witnesses, including accident reconstruction specialists, medical professionals, and financial planners, to present the most compelling arguments to help you get full and fair compensation for your losses.

Experienced Baltimore County, Maryland, Accident Recovery Lawyer

If you have suffered 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.

Injured While Not Wearing a Seat Belt?

Can You Still Seek Compensation for Your Losses?

Injured While Not Wearing a Seat Belt?When you’re hurt in a motor vehicle accident, your first thought, after receiving medical attention, is likely to be that you need to contact your auto insurance provider. That may not be in your best interests, though. In fact, you’ll likely benefit most if you immediately retain the services of an experienced personal injury attorney. Here’s why.

Your insurance company maximizes its profits by minimizing the amount it pays out on claims. Accordingly, the company has an incentive to offer you less than you deserve; delay payment in the hope that you’ll accept less than you’re entitled to; or simply deny your claim. When you work directly with insurance adjustors, you’re at a distinct disadvantage. The adjustors do this all the time and are good at making it seem like the amount they are offering is a good deal.

An experienced lawyer, on the other hand, knows when you’re being offered full and fair compensation for your losses. Your attorney has an incentive to maximize your recovery, as his or her compensation is directly tied to what you receive. Make your first call to an experienced lawyer, who can then be your intermediary with insurance companies, working to get the benefits you need and to which you are entitled.

Proven Baltimore County Personal Injury Lawyer

Attorney Jonathan Scott Smith has consistently obtained positive results for personal injury victims in the greater Baltimore area and across Maryland for more than three decades. A Maryland SuperLawyer, he’s also AV-rated by fellow attorneys under Martindale-Hubbell’s Peer Review Rating System. The American Lawyer magazine has named him a Top-Rated Lawyer, and he’s also received the Client’s Choice Award from AVVO, with an average client review of 5 stars (the highest rating possible). A proven trial lawyer with a longstanding reputation for success in the courtroom, he has 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. Your first consultation is without cost or obligation. 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