Archives for July 2021

Filing a Maryland Wrongful Death Lawsuit

What Is Wrongful Death? Who Can File? What Can You Recover?

What Is Wrongful Death? Who Can File? What Can You Recover?In Maryland, when the wrongful actions of another person result in someone’s death, certain parties have a right to bring legal action to recover compensation for their losses. Maryland law specifically defines a wrongful death as one resulting from “act, neglect or default” that would have entitled the person who died to bring a personal injury claim if they had survived. Though a wrongful death claim can always be based on an intentional act, as a practical matter, most such claims allege negligence.

Under Maryland law, only certain parties qualify to file a wrongful death action: the spouse, children, and parents of the deceased. However, if no such relatives survive the decedent, a more distant relative may file a claim on proof of substantial financial dependence.

In a wrongful death lawsuit, the plaintiff (party seeking damages or compensation) can recover:

  • Financial support they would have received from the deceased
  • Loss of companionship, guidance, support, care, advice, society, or comfort caused by the death
  • Unpaid medical expenses incurred by the deceased before death as a result of the accident
  • Mental or emotional pain or suffering caused by the accidental death

Proven Baltimore County Wrongful Death Attorney

Maryland SuperLawyer Jonathan Scott Smith has protected the rights of personal injury victims across the state of Maryland for more than 30 years. He is highly regarded by other lawyers in Maryland, having consistently earned an AV-rating under Martindale-Hubbell’s Peer Review Rating System. He has received many accolades from his clients, including the prestigious Client’s Choice Award from AVVO, with an average client review of 5 stars (the highest rating possible). He also boasts a perfect 10.0 (Superb) rating from AVVO as a trial attorney. Attorney Smith has also been named a “Top-Rated Lawyer” by American Lawyer magazine.

Compassionate and Effective Wrongful Death Lawyer in Maryland

If your loved one dies because of the careless or negligent actions of another person, attorney Jonathan Scott Smith can help. Send us an email 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.

Medical Malpractice Claims Involving Strokes and Heart Attacks

Can You File a Negligence Claim Against a Doctor or Medical Facility?

Medical Malpractice Claims Involving Strokes and Heart AttacksEvery year, nearly three-quarters of a million Americans have some type of heart attack. A similar number of people across the country suffer a stroke. When you or a loved suffers serious injury, or a family member dies, as the result of cardiovascular trauma while being treated for a heart attack, can you bring legal action to cover your losses? Maybe.

Negligence-Based Personal Injury Claims

Most personal injury claims are based on the legal principle of negligence. Accordingly, if you can show that someone was negligent and that their negligence caused an accident or injury, you may be able to recover damages.

To successfully prove negligence in court, you must show three things:

  • That the defendant (person from whom you seek compensation) did not meet the standard of care expected under the circumstances;
  • That the breach of the standard of care caused an event; and
  • That, as a result of that event, you suffered actual losses.

In most personal injury claims, the standard of care is that of a reasonable person, commonly considered an “ordinary person of average prudence.” However, medical professionals are held to a higher standard of care. A doctor must exercise the level and type of care that a reasonably competent and skilled medical professional, with similar background and experience, would have exercised under the same circumstances in the same medical community.

With respect to a heart attack or stroke, a medical professional may be potentially liable if:

  • The patient exhibited classic symptoms of cardiovascular problems, such as difficulty breathing, chest pains, or weakness in the limbs, and the doctor failed to check the patient’s blood pressure or conduct other routine tests; or
  • The medical professional knew the patient had elevated blood pressure or other cardiovascular risks and failed to prescribe appropriate medications or failed to order appropriate tests.

Proven Baltimore Medical Malpractice Attorney

Maryland SuperLawyer Jonathan Scott Smith offers over 30 years of experience to personal injury victims throughout the Baltimore metro area and throughout the state of Maryland. Highly respected by his colleagues in the legal profession, attorney Smith has long been AV-rated under Martindale-Hubbell’s Peer Review Rating System. Named a Top-Rated Lawyer by American Lawyer magazine, he has also earned high marks from his clients, garnering the prestigious Client’s Choice Award from AVVO, with an average client review of 5 stars (the highest rating possible). He has also received a perfect 10.0 (Superb) rating from AVVO as a trial attorney.

Experienced Maryland Medical Negligence Lawyer

If you suffer a stroke or heart attack through the misdiagnosis or carelessness of a medical professional, attorney Jonathan Scott Smith can help. Send us an email 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