Archives for June 2021

Fault in Maryland Motor-Vehicle-Accident Claims

Why You Must Prove Fault | How to Prove Fault

Fault in Maryland Motor-Vehicle-Accident ClaimsIn Maryland, as in the majority of states, auto insurance is based on an at-fault approach, which means that if you’re injured in a motor vehicle accident, you must seek compensation from the at-fault party’s insurer. If you can’t prove that the defendant caused the accident, you won’t be able to recover benefits from their insurance provider.

In a motor vehicle accident, as with most personal injury claims, proving fault or liability is almost always a matter of proving negligence. To successfully prove negligence (fault), you must demonstrate to the court that:

  • The defendant (person being sued) did not act as a reasonable person would in the same circumstances—This is also referred to as a “breach of the standard of care.”
  • The breach caused an accident—Causation has two parts. First, you must prove that the accident would not have occurred had the defendant acted reasonably. Second, you must show that the accident and the injuries it caused were “reasonably foreseeable” as a consequence of the breach of the standard of care.
  • You suffered actual or measurable losses because of the accident.

Results-Oriented Baltimore County Personal Injury Attorney

Jonathan Scott Smith, a Maryland SuperLawyer, offers more than 30 years of experience to victims of personal injury across the state of Maryland. Named a Top-Rated Lawyer by The American Lawyer magazine, attorney Smith has consistently received an AV-rating under Martindale-Hubbell’s Peer Review Rating System, a testament to the regard with which he is held by his colleagues in the legal profession. He has also been lauded by his clients, earning AVVO’s Client’s Choice Award, with an average client review of 5 stars(the highest rating possible), and a perfect 10.0 (Superb) rating from AVVO as a trial attorney.

Effective Frederick County Wrongful Injury Lawyer

When you suffer injury in any type of accident caused by the negligence of another person, attorney 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.

Wrongful Death and Criminal Acts in Maryland

Can You Recover Damages When a Crime Causes a Loved One’s Death?

Wrongful Death and Criminal Acts in MarylandWhen someone’s negligence causes the death of a family member, you have the right to seek compensation for your losses. But what if someone commits a criminal act that results in death? Are criminal penalties the only remedy in such a situation? Can you seek damages when someone else’s criminal conduct causes the death of your loved one?

In Maryland, the answer is yes. Under Maryland law, a death is considered “wrongful” if it is caused by “an act, neglect or default, including a felonious act.” Maryland law permits a wrongful death claim if the deceased would have had a personal injury claim had he or she survived.

A wrongful death claim is a civil action, wholly distinct from a criminal prosecution. In a wrongful death lawsuit, the remedy or sanction is purely financial. Wrongful death damages can include compensation for lost support, companionship, and consortium, as well as other damages resulting from the loss of life. While a criminal prosecution may lead to fines, those are not paid to survivors but instead go to the state. A single act can, and often does, result in a criminal prosecution and a wrongful death civil claim.

Proven Maryland Wrongful Death Attorney

Jonathan Scott Smith, a Maryland SuperLawyer, has fought for the rights of survivors in wrongful death claims for more than 40 years. Highly regarded by fellow attorneys in the Maryland bar, Attorney Smith has long held an AV rating under Martindale-Hubbell’s Peer Review Rating System. He has also earned high praise from his clients, including the prestigious 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 trial attorney. He has also been honored as a Top-Rated Lawyer by The American Lawyer magazine.

Experienced Baltimore Accidental Death Lawyer

If you’ve lost a loved one because of the wrongful act of another person, attorney 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