Can You File a Wrongful Death Lawsuit?

Which Parties Qualify to Bring a Wrongful Death Claim in Maryland?

Can You File a Wrongful Death Lawsuit?When a loved one dies due to the carelessness or negligence of another person, there’s really nothing that can make you whole. Nonetheless, it’s important to hold the wrongdoers accountable for your losses. Maryland law allows eligible individuals to pursue damages (monetary compensation) for certain losses. Who can bring a wrongful death action in Maryland?

Under Maryland’s wrongful death statute, you must be classified as a “beneficiary” to have the legal right to seek compensation for an accidental death. The statute differentiates between primary and secondary beneficiaries:

  • Primary beneficiaries—This category includes the surviving spouse, children, and parents of the deceased. If one or more primary beneficiaries bring a wrongful death claim, all damages for the wrongful death go exclusively to those parties.
  • Secondary beneficiaries—If no primary beneficiary survives the deceased, or if no primary beneficiary chooses to bring a wrongful death claim, a secondary beneficiary may do so. (A claim also may be brought on behalf of both primary and secondary beneficiaries.) Secondary beneficiaries include siblings, nieces and nephews, cousins, and other distant relatives.

Experienced Baltimore Personal Injury Attorney

Maryland Super Lawyer Jonathan Scott Smith has provided effective representation to personal injury victims in Baltimore and across Maryland for more than three decades. A skilled and experienced trial attorney with a history of obtaining positive 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 as a litigator. He’s AV-rated by his colleagues in the legal profession under Martindale-Hubbell’s Peer Review Rating System and has been named a Top-Rated Lawyer by The American Lawyer magazine.

Effective Montgomery County Wrongful Death Lawyer

If you lose a loved one due to the carelessness or wrongful act of another person, we can help. Contact our office by e-mail or call us 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.

Black Box Recorder May Provide Critical Evidence in Your Truck Accident Claim

Many Commercial Trucks Now Equipped with Data-recording Device

Black Box Recorder May Provide Critical Evidence in Your Truck Accident ClaimYou’ve likely heard, in the aftermath of a plane crash, that investigators are seeking the “black box” data recorder in an effort to understand the cause of the accident. You may not know, though, that many newer models of commercial trucks also come equipped with a similar device.

The black box recorder, also referred to as an electronic control module (ECM) or electronic data recorder (EDR), is a small device installed in a semi, big rig, 18-wheeler, or tractor-trailer to collect and store information about the physical properties of the truck. The black box can gather a wide range of data about the truck’s operation, including:

  • The speed the truck was traveling immediately before and at the time of an accident
  • Whether the truck accelerated or decelerated before the crash
  • If and when brakes were used
  • Whether the truck was on cruise control
  • How long the truck had been on the road since its last stop
  • If the driver was wearing a seat belt, and
  • The vehicle’s tire pressure at the time of the accident.

The black box also can provide data that can be compared with the driver’s physical log to determine if state or federal “on the road” time regulations were violated.

ProvenMD Personal Injury Lawyer

Maryland Super Lawyer Jonathan Scott Smith has aggressively fought for personal injury victims in Baltimore and throughout Maryland for more than 30 years. A skilled and experienced attorney with a history of getting positive results at trial, he has received the Client’s Choice Award from AVVO, with an average client review of 5 stars (the highest rating possible) and a perfect 10.0 Superb rating as a litigator. He’s also AV-rated by colleagues under Martindale-Hubbell’s Peer Review Rating System and a 2012 Top Rated Lawyer by American Lawyermagazine.

Effective Baltimore, MD Personal Injury Attorney

If you have been hurt because of the wrongful act of another person, we can help. Contact our office by e-mail or call us 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.

Happy New Year 2020

Happy New Year 2020

May the holiday season fill your home with joy, your heart with love, and your life with laughter.

Do You Have to Remove Snow and Ice from Your Car in Maryland?

Can You Be Liable for a Motor Vehicle Accident If Your Visibility Is Impaired?

A lot of people do it in the winter in Baltimore and across Maryland—there’s a little snow or accumulation of ice on your windshield, maybe the windows are frosted up, but you’re in a hurry… running late. So you head out on the roads with snow on the hood or windshield, or peering through a small section of window that you’ve scraped clean. What happens if you cause an accident because you can’t see another motorist?

There is no law in Maryland requiring that you take the time to clean snow or ice from your vehicle or ensure that your windows are fully defrosted. But that only means you won’t face criminal charges or get a traffic citation if you cause an accident. In a civil lawsuit based on the accident, the injured party may have little difficulty showing that your failure to clean the car was negligent. The standard for determining negligence is what a reasonable person would do. If a reasonable person would have cleaned snow and ice off the car, you can be held liable for failing to do so.

Results-oriented Anne Arundel County, Maryland, Personal Injury Attorney

Jonathan Scott Smith, a Maryland Super Lawyer, has protected the rights of personal injury victims in and around the greater Baltimore area for more than 30 years. He is a skilled and experienced litigator with the proven ability to obtain positive results at trial.

As a testament to his reputation for successful advocacy, attorney Smith has received the Client’s Choice Award from AVVO, with an average client review of 5 stars (the highest rating possible). AVVO also has awarded him a perfect 10.0 (Superb) rating as a litigator, and he is AV-rated by his colleagues in the legal profession under Martindale-Hubbell’s Peer Review Rating System. He’s a Maryland Super Lawyer and also was recognized as a 2012 Top Rated Lawyer by The American Lawyer magazine.

Effective Baltimore, MD Personal Injury Attorney

If you have been hurt because of the wrongful act of another person, we can help. Contact our office by e-mail or call us 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.

Happy Thanksgiving 2019

Happy Thanksgiving 2019

“Let me encourage you to get up every day and focus on what you do have in life. Be thankful for the blessings of the little things, even when you don’t get what you expect.” – Victoria Osteen

Liability for Holiday Parties in Maryland

Can You Be Responsible If Someone Becomes Intoxicated at Your Holiday Party and Causes an Accident?

Liability for Holiday Parties in MarylandThe holiday season is just around the corner and there likely will be plenty of holiday cheer going around. What happens in Maryland when a person becomes inebriated at an office or private party, gets behind the wheel of a motor vehicle, and causes an accident? Can the person who served the alcohol be held responsible for injuries suffered in the accident (including those of the party guest)?

In Maryland, unlike most other states, there are no dram shop or social-host liability laws. The courts have consistently refused to find that a social host has liability when a party guest over-imbibes and causes an accident. It’s important to understand that the person who became intoxicated may still have liability—the court simply won’t extend that liability to a third party who made alcohol available. If the party to whom the alcohol was provided was a minor, there may be criminal charges filed, but there’s still no social-host liability for personal injuries.

Experienced Montgomery County, Maryland Personal Injury Attorney

Super Lawyer Jonathan Scott Smith has protected the rights of personal injury victims across Maryland for more than 30 years. A proven and effective trial attorney, Smith knows that a personal injury can change your life, and will aggressively fight to get full and fair compensation for all your losses. He’s a member of the Million Dollar Advocates Forum, an honor held by less than 1% of all American lawyers who have obtained million-dollar judgments, awards or settlements. He has the experience, skill, knowledge and resources to zealously protect your rights after a personal injury.

The National Trial Lawyers Association, a “by invitation only” professional organization, has designated Smith as one of the top 100 attorneys in the State of Maryland. He has been honored among the top 100 lawyers in Maryland by Super Lawyers and was named a Top-Rated Lawyer by The American Lawyer in 2012. The American Institute of Personal Injury Attorneys lists attorney Smith as one of the “10 Best Attorneys in the State of Maryland in Client Satisfaction.”

Every year since 1988, Smith has been AV-rated (the highest rating possible) by other lawyers under Martindale-Hubbell’s Peer Review Rating System. He also has earned Martindale-Hubbell’s Client Distinction Award, given to less than 4% of all attorneys in that directory. He holds a 10.0 (Superb) rating as a litigation attorney from AVVO and has received the Client’s Choice Award from AVVO, with an average client review of five stars.

Top-Rated Carroll County, Maryland Accidental Injury Lawyer

We offer comprehensive legal counsel to anyone who suffers a needless injury because of the carelessness or negligence of others. Send us an e-mail or call us at 410-740-0101 to schedule an appointment. We represent slip-and-fall injury victims in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County and Montgomery County in Maryland.

Injuries Due to Ice and Snow in Maryland

The Duties of Property Owners to Keep Sidewalks and Thoroughfares Clear

Injuries Due to Ice and Snow in MarylandThough there is no state law mandating the removal of snow or ice from sidewalks in Maryland, many municipalities have their own ordinances requiring property owners to take action:

  • Business owners and homeowners in Prince George’s County face a $100 fine if they fail to remove snow or ice within 48 hours. Howard County has a similar requirement.
  • In Montgomery County, snow and ice must be removed within 24 hours.
  • Baltimore County and the City of Baltimore give residents and business owners 24 to 48 hours. Fines range from $25 to $100.
  • The City of Rockville has a sliding scale, based on the amount of snow—less than three inches must be gone within 24 hours; three to nine inches must be removed within 48 hours; and 10 or more inches must be cleared within 72 hours.

Results-Oriented Maryland Personal Injury Attorney

Jonathan Scott Smith, a Maryland Super Lawyer, has consistently obtained positive results for personal injury victims in the Baltimore metropolitan area and across the state for over 30 years. Attorney Smith holds a 10.0 (Superb) rating as a trial attorney from AVVO, as well as AVVO’s Client’s Choice Award, with an average client review of 5 stars. The American Institute of Personal Injury Attorneys honored him as one of the “10 Best Attorneys in the State of Maryland in Client Satisfaction.”

He is a member of the Million Dollar Advocates Forum, an organization comprised of less than 1% of all American lawyers who have obtained million-dollar judgments, awards or settlements. Smith has been named as one of the top 100 lawyers in Maryland by Super Lawyers and was lauded as a Top-Rated Lawyer by The American Lawyer in 2012.

Smith has been AV-rated (the highest rating possible) by his colleagues in the legal profession every year since 1988 and also has received Martindale-Hubbell’s Client Distinction Award, an award given to less than 4% of all attorneys listed. The National Trial Lawyers Association, a “by invitation only” professional organization, includes him among the state’s top 100 attorneys.

Experienced Baltimore County Personal Injury Accident Attorney

If you have been hurt because of the wrongful act of another person, we can help. Contact our office by e-mail or call us 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.

Happy Veterans Day 2019

Happy Veterans Day 2019

“We remember those who were called upon to give all a person can give, and we remember those who were prepared to make that sacrifice if it were demanded of them in the line of duty, though it never was. Most of all, we remember the devotion and gallantry with which all of them ennobled their nation as they became champions of a noble cause.” — Ronald Reagan

Dram Shop and Social Host Liability in Maryland

Responsibility for Serving People Who Cause Accident or Injury

Dram Shop and Social Host Liability in MarylandIn many states, when a commercial establishment or a private individual serves alcohol to another person, and that person subsequently causes an accident, the party serving the intoxicating beverages may have liability for injuries suffered. For businesses, the law is known as a “dram shop” act. For private individuals, it’s called”social host liability.”

There are no such laws in Maryland. That does not mean that there are no remedies when a person is injured by someone under the influence of alcohol. It does mean, though, that a commercial establishment or a private individual cannot be sued simply for providing alcohol. If you can show some other type of negligence, you can still bring a personal injury claim. In addition, you can still file a claim against the person who got drunk and caused the accident.

Results-Oriented Columbia, MD Personal Injury Attorney

Maryland Super Lawyer Jonathan Scott Smith has fought for the rights of personal injury victims across the state for more than 30 years. A highly experienced trial attorney, Smith understands the ways a personal injury can change your life, and will aggressively fight to get full and fair compensation for all your losses. He’s a member of the Million Dollar Advocates Forum, an honor given to less than 1% of allAmerican lawyers who have obtained million dollar judgments, awards or settlements. He has the knowledge, skill, experience and resources to successfully argue your claim in court.

The American Institute of Personal Injury Attorneys lists attorney Smith as one of the”10 Best Attorneys in the State of Maryland in Client Satisfaction.” He has been honored among the top 100 lawyers in Maryland by Super Lawyers, and was a Top Rated Lawyer by The American Lawyer Magazine in 2012.

The National Trial Lawyers Association, a “by invitation only” professional organization, has designated Smith as one of the top 100 attorneys in the state of Maryland. He has a 10.0 (Superb rating) as a litigation attorney from AVVO and has also received the Client’s Choice Award from AVVO, with an average client review of 5 stars. He has been AV-rated (the highest rating possible) by his other lawyers under Martindale-Hubbell’s Peer Review Rating System every year since 1988 and has also earned Martindale-Hubbell’s Client Distinction Award, given to less than 4% of all attorneys in that directory.

Top-Rated Carroll County, Maryland Accidental Injury Lawyer

We offer comprehensive legal counsel to anyone who has suffered a needless injury because of the carelessness or negligence of others. Send us an e-mail or call us at 410-740-0101 to schedule an appointment. We represent slip and fall injury victims in Howard County, Baltimore County, Carroll County, Frederick County, Prince Georges County and Montgomery County in Maryland.

Baltimore Woman Wins Largest Medical Malpractice Award in U.S. History

Court Upholds $205 Million Verdict

Baltimore Woman Wins Largest Medical Malpractice AwardA Baltimore court has agreed with a jury award granting a Prince George’s County woman $205 million in a personal injury lawsuit based on medical malpractice. The woman’s daughter suffered a brain injury during delivery at Johns Hopkins Bayview Medical Center.

According to attorneys for the plaintiff, she was told by doctors before the child’s birth that the pregnancy could be terminated and that the fetus was not viable. Those assertions turned out to be incorrect. Unfortunately, based on that diagnosis, the woman opted not to have a C-section and medical personnel discontinued fetal monitoring. The child, now five years old, was deprived of oxygen and suffered significant brain damage, resulting in cerebral palsy and a requirement of 24-hour care.

The jury originally returned a verdict of $229 million, but the court lowered it, basedon state of Maryland caps on tort claims. The hospital has indicated that it will appeal the damage award.

Proven Maryland Personal Injury Lawyer

Jonathan Scott Smith, a Maryland Super Lawyer, has successfully represented personal injury victims throughout the state for more than three decades. He is a skilled, experienced and respected trial lawyer with reputation for getting positive results for his clients.

Attorney Smith holds a 10.0 (Superb) rating as a trial attorney from AVVO, as well as AVVO’s Client’s Choice Award, with an average client review of 5 stars. He belongs to the Million Dollar Advocates Forum, where membership is limited to less than 1% of all American lawyers who have obtained million dollar judgments, awards or settlements. Smith has been listed as one of the top 100 lawyers in Maryland by Super Lawyers, and was named a Top Rated Lawyer by The American Lawyer Magazine in 2012. The American Institute of Personal Injury Attorneys honored him as one of the “10 Best Attorneys in the State of Maryland in Client Satisfaction.”

Smith has received an AV-rating (the highest rating possible) from his colleagues in the legal profession every year since 1988 and has also been honored with Martindale-Hubbell’s Client Distinction Award, an award given to less than 4% of all attorneys listed there. The National Trial Lawyers Association, a “by invitation only” professional organization, has included him among the state’s top 100 attorneys.

Experienced Baltimore County Personal Injury Accident Attorney

If you have been hurt because of the wrongful act of another person, we can help. Contact our office by e-mail or call us 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 Georges 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