Happy Thanksgiving

Happy Thanksgiving 2021

On this Thanksgiving Day, we take time to express our daily gratitude for the simple pleasures of life—good friends, family, people we hold dear. As we gather together, help us be grateful and let us share our bounty with our brothers and sisters.

Determining Liability for Winter Auto Accidents in Maryland

Does the Standard of Care Change in Snowy or Icy Weather?

Determining Liability for Winter Auto Accidents in MarylandWinter’s almost here, and in Maryland, that means snow and ice, as well as fogged up windows, often a contributing factor in a motor vehicle accident. When driving in winter weather, are motorists required to take additional precautions to prevent accident and injury? Well, sort of…

The Standard of Care in Motor Vehicle Accidents

As a general rule, when you have been injured in an auto accident, you’ll seek compensation based on allegations of negligence by another person. To prove negligence, you must first show that the other driver failed to use reasonable care, and that the failure to do so caused the accident and injuries. That standard is based on what an “average person of ordinary prudence” would do under the same circumstances. Whether the other person’s actions met the standard of care will be determined by the jury.

Accordingly, the standard remains the same—that of a reasonable person—but it takes the specific circumstances at the time of the accident into account. The question posed to the jury, then, would be “what would a reasonable person do while driving under the same weather conditions?” Some scenarios under which a jury might find liability include:

  • A failure to remove snow or ice from a vehicle before taking it on the road (unlike many other states, there is no law in Maryland that requires such removal)
  • Failure to maintain a sufficient distance from other vehicles to allow time and room to safely apply the brakes
  • Operating a vehicle at an unsafe speed under the circumstances
  • Failure to take road conditions into consideration when making a turn, leading to loss of control

Proven Baltimore County Personal Injury Attorney

Maryland SuperLawyer Jonathan Scott Smith has successfully represented personal injury victims in Baltimore and throughout the state for more than three decades, including clients who have suffered injuries in car, truck and motorcycle accidents. Highly regarded as a trial lawyer by other Maryland lawyers, he has long been AV-rated under Martindale-Hubbell’s Peer Review Rating System and has been honored as a “Top-Rated Lawyer” by the American Lawyer Magazine. He has earned the prestigious Client’s Choice Award from AVVO, with an average client review of 5 stars (the highest rating possible), and holds a perfect 10.0 Superb rating from AVVO as a trial attorney.

Results-Oriented Baltimore County Car Wreck Attorney

If you or someone you love has been injured in an automobile accident, we can help. Contact attorney Jonathan Scott Smith by e-mail or call our offices at 410-740-0101 to schedule an appointment. Your first consultation is free. We represent injured people in Howard County, Baltimore County, Carroll County, Frederick County, Prince Georges County and Montgomery County in Maryland.

What Types of Damages Are Available after a Car Accident?

What Compensation Can You Get When You’ve Been Hurt?

What Types of Damages Are Available after a Car Accident?A motor vehicle accident can have a significant financial impact, leading to lost wages, substantial medical bills and property damage/loss. Those types of damages are typically referred to as “economic” damages, because they’re more tangible and easier to calculate.

There are other types of compensation that are available after a car accident, what are known as “non-economic” damages, such as:

  • Loss of enjoyment of life—the inability to do the things that were a meaningful or significant part of your life before the accident, including routine activities of daily life
  • Loss of companionship or consortium—the inability to have a close or intimate relationship with others because of your injuries
  • Physical pain and suffering—The actual physical response to your injuries

Because non-economic damages are not tied to specific financial losses, there are a number of ways that juries can calculate them:

  • Using a reasonableness standard—the court may instruct the jury to award damages they consider to be reasonable under the circumstances
  • Using a “multiplier”—the court may instruct the jury to determine economic damages and then multiply them by a factor, typically between 1 and 10. For example, the jury may determine total economic damages to be $100,000 and use a factor of 3 to award $300,000 in non-economic damages.

Experienced Maryland Personal Injury Lawyer

Attorney Jonathan Scott Smith, a Maryland SuperLawyer, has fought for the rights of personal injury victims in Baltimore and across the state of Maryland for over 30 years, including people who have been hurt in motor vehicle accidents. Well-esteemed as a trial lawyer by his colleagues in the legal profession, Attorney Smith has long been AV-rated under Martindale-Hubbell’s Peer Review Rating System and has been named a “Top-Rated Lawyer” by the American Lawyer Magazine. He has also received the prestigious Client’s Choice Award from AVVO, with an average client review of 5 stars (the highest rating possible), and has a perfect 10.0 Superb rating from AVVO as a trial attorney.

Results-Oriented Baltimore County Car Wreck Attorney

If you or someone you love has been injured in an automobile accident, we can help. Contact attorney Jonathan Scott Smith by e-mail or call our offices at 410-740-0101 to schedule an appointment. Your first consultation is free. We represent injured people in Howard County, Baltimore County, Carroll County, Frederick County, Prince Georges County and Montgomery County in Maryland.

Happy Halloween!

Happy Halloween

Failure to Diagnose a Medical Condition

What Must You Show to Successfully Recover Damages

Failure to Diagnose a Medical ConditionWhen you don’t feel right and you seek medical attention, you expect, at a minimum, that your condition won’t deteriorate because of carelessness by the doctor or medical professional. Too often, though, a physician will carelessly make an incorrect diagnosis or fail to diagnose the problem at all. That happens for a variety of reasons:

  • The doctor may not ask the right questions, or may simply fail to conduct a thorough examination
  • The doctor may neglect to order essential or important tests
  • The doctor may carelessly misread the results of blood tests or other procedures

In a medical malpractice claim, you must demonstrate to the jury that the medical professional did not meet the standard of care expected. To succeed in a medical malpractice claim, you must show that the doctor’s level of care fell below that of a reasonably competent and skilled health care professional, with similar training and experience, in the same medical community. As a general rule, the standard of care is established through expert testimony from a medical professional, and breach of the standard of care is shown through medical records, witness statements, correspondence, the doctor’s notes or photographic evidence.

Proven Baltimore Medical Malpractice Lawyer

Jonathan Scott Smith, a Maryland Super Lawyer, has tenaciously protected the rights of personal injury victims in Baltimore and throughout the state of Maryland for over 30 years. Highly regarded by other attorneys in Baltimore and across Maryland, Attorney Smith has AV-rated under Martindale-Hubbell’s Peer Review Rating System for decades. His clients have given him 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 AVVO rating as a trial attorney. Attorney Smith has also been named a “Top-Rated Lawyer” by the American Lawyer Magazine.

Results-Oriented Maryland Medical Negligence Attorney

When you have suffered loss because of the wrongful or careless acts of a medical professional in Maryland, we can help. Contact attorney Jonathan Scott Smith by e-mail or call our offices at 410-740-0101 to schedule an appointment. Your first consultation is free. We represent injured people in Howard County, Baltimore County, Carroll County, Frederick County, Prince Georges County and Montgomery County in Maryland.

When the Driver of Your Car Caused the Accident

Can You Sue the Driver for Your Injuries?

When the Driver of Your Car Caused the AccidentIn the aftermath of a motor vehicle accident, when you’re seeking to recover damages for your losses, it’s common to look first to the other motorists to determine who caused the accident. But what if the driver of the car you were traveling in was responsible for the crash? Can you seek compensation from that person for your losses? Are there any situations where you can’t?

Personal Injury Lawsuits in Maryland

As a practical matter, virtually all such claims are based on a legal theory of negligence. To recover under a negligence claim, you must show that:

  • The defendant (person from whom you seek compensation) failed to act as a reasonable person would under the circumstances,
  • The failure to do so caused an accident or injury, and
  • You suffered actual losses as a result.

What If the Person Who Caused the Accident Is a Family Member?

Since Maryland law was changed recently, nothing prohibits you from seeking benefits from your auto insurance company for injuries suffered in an accident caused by a family member. However, you can recover only up to the limits of your insurance policy and cannot obtain a judgment against the family member.

Experienced Maryland Motor Vehicle Accident Attorney

Jonathan Scott Smith, a Maryland SuperLawyer, has been a staunch advocate for victims of personal injury across Maryland for over 30 years. Attorney Smith has long been AV-rated under Martindale-Hubbell’s Peer Review Rating System, a testament to the high regard with which he is held by his colleagues in the legal profession. He has also earned the prestigious Client’s Choice Award from AVVO, with an average client review of 5 stars (the highest rating possible), and he has been rated a perfect 10.0 (Superb) by AVVO as a trial attorney. The American Lawyer magazine has named him a Top-Rated Lawyer.

Knowledgeable Baltimore Auto Wreck Claims Lawyer

If you’re injured in a car accident, we can help. Contact attorney Jonathan Scott Smith by email or call our offices at 410-740-0101 to schedule an appointment. Your first consultation is free. We represent injured people in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.

Recognizing the Signs of Nursing Home Neglect and Abuse

Things to Look for to Protect Your Loved One

Recognizing the Signs of Nursing Home Neglect and AbuseWhen your spouse, parent, or other loved one becomes incapable of managing their own care, the best long-term solution may be a nursing home. You want your loved one’s final days to be as easy and stress-free as possible, but you need to be vigilant to ensure that a beloved family member does not fall victim to neglect or abuse. Many nursing homes are overcrowded and/or understaffed, and caregivers are often underqualified and underpaid. Here are some warning signs that your elder may be experiencing abuse or neglect:

  • Frequent, unexplained injuries, such as bruises, scrapes, burns, or even broken bones, or regular need for medical attention
  • Changes in mood or behavior, particularly involving increased anxiety or fear—Be especially concerned if your loved one becomes agitated or fearful around a specific caregiver or is unwilling to see family members.
  • Weight loss, dry hands or lips, or changes in skin color or texture—These may be signs of malnourishment or dehydration.
  • Lesions, ulcers, or rashes on the skin, which may indicate poor hygiene or inattention to the potential for bedsores

Proven Baltimore Nursing Home Neglect Attorney

Maryland SuperLawyer Jonathan Scott Smith has aggressively fought for personal injury victims in Baltimore and throughout the state of Maryland for more than 30 years. Well- respected by his colleagues in the legal profession, Attorney Smith has long been AV-rated under Martindale-Hubbell’s Peer Review Rating System. He is highly rated by his clients, earning 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. Attorney Smith has also been named a Top-Rated Lawyer by The American Lawyer magazine.

Experienced Maryland Elder Abuse Lawyer

When your loved one suffers because of abuse or neglect in a nursing home or assisted living facility, we can help. Contact attorney Jonathan Scott Smith by email or call our offices at 410-740-0101 to schedule an appointment. Your first consultation is free. We represent injured people in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.

Damages in a Maryland Personal Injury Claim

Economic and Non-Economic Damages

Damages in a Maryland Personal Injury ClaimIf you’re hurt in an accident caused by the wrongful acts of another person, you have the right to pursue full and fair compensation for your losses. In a personal injury lawsuit in Maryland, it’s typical to ask for damages (financial compensation) for a wide range of losses. Damages are customarily identified as either economic or non-economic.

What Are Economic Damages?

Economic damages in a personal injury lawsuit are those that are tangible and easy to quantify, usually tied to actual out-of-pocket expense or loss. Common types of economic damages are compensation for lost wages or other income, property losses, and compensation for medical expenses not covered by insurance.

What Are Non-Economic Damages?

Conversely, non-economic damages are those that are intangible and less capable of specific calculation. Common non-economic damages include pain and suffering, loss of enjoyment of life, and loss of companionship or consortium. Because of the lack of concrete numbers representing the loss, the amount of such damages is subject to the discretion of the jury, with review by the court. Juries typically look at a number of factors when calculating non-economic damages, such as the age of the injured party, the severity of their injury, and the lifestyle they had before the accident.

Proven Baltimore Injury Attorney

Maryland SuperLawyer Jonathan Scott Smith brings more than three decades of experience to people in Baltimore and throughout the state of Maryland who suffer personal injury. Highly regarded by attorneys throughout Maryland, Attorney Smith has consistently held an AV-rating under Martindale-Hubbell’s Peer Review Rating System and has been named a Top-Rated Lawyer by The American Lawyer magazine. He has also received positive reviews from his clients, earning 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.

Effective Maryland Accident Injury Lawyer

When you’re hurt because of someone else’s wrongful act, attorney Jonathan Scott Smith can help. Contact us by email or call our offices at 410-740-0101 to schedule an appointment. Your first consultation is free. We represent injured people in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.

Maryland Motorcycle-Accident-Injury Claims

The Unique Hurdles You Face in Court

Maryland Motorcycle-Accident-Injury ClaimsIf you’re hurt in a motor vehicle accident because of someone else’s negligence, you have a right to seek full and fair compensation in a court of law. If your injuries are suffered while operating or riding on a motorcycle, though, you may face greater challenges in court. That’s why it’s important to have an attorney who has successfully handled motorcycle-accident claims.

What Challenges Are Associated with Motorcycle Accident Lawsuits?

The first obstacle you may run into in court is the societal bias toward motorcycles and motorcyclists. While most adults have driven or ridden in a car or truck, fewer than one out of ten Americans get on a motorcycle on a regular basis. That lack of familiarity can result in bias:

  • A perception that motorcyclists are outsiders, rebels, or people who ignore rules
  • A belief that injuries suffered on a motorcycle are not caused by someone else’s negligence but because motorcycles are an inherently more dangerous way to travel on the roads

An attorney who handles motorcycle claims will anticipate these prejudices and use the law and facts to counter them.

In addition, you want a lawyer who can help jurors understand the unique factors involved in riding a motorcycle. Most jurors won’t know that you need to maintain a certain speed to keep your balance and maintain control of the bike. Most won’t understand, either, how you can lose control of your bike if another motorist comes too close to you without even making contact.

Finally, you want an attorney who understands the type and severity of injuries that commonly result from a motorcycle crash.

Results-Oriented Maryland Motorcycle-Accident Attorney

Jonathan Scott Smith, a Maryland SuperLawyer, brings more than 30 years of experience to victims of personal injury in Baltimore and throughout the state of Maryland. Well-respected by attorneys throughout the state, Attorney Smith has consistently received an AV-rating under Martindale-Hubbell’s Peer Review Rating System. He has also earned accolades from his clients, earning 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. Attorney Smith has been named a Top-Rated Lawyer by The American Lawyer magazine.

Effective Baltimore County Motorcycle-Wreck Lawyer

If you’re hurt in a motorcycle accident caused by someone else’s wrongful act, attorney Jonathan Scott Smith can help. Contact us by email or call our offices at 410-740-0101 to schedule an appointment. Your first consultation is free. We represent injured people in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.

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.

ADDRESS :

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

  • Call for consultation 410-740-0101