The Damages Available in a Wrongful Death Action in Maryland

Wrongful Death Action in MarylandIn the aftermath of an accidental or wrongful death in Maryland, qualified survivors may seek damages for certain losses. As we indicated in an earlier blog, the approach in Maryland involves two separate claims—a survival claim and a wrongful death lawsuit. The survival claim seeks damages for any pain and suffering the deceased experienced as a result of the accident, but before death. It also allows the estate to recover compensation for burial and funeral expenses. The wrongful death action seeks compensation for lost support, as well as the loss of companionship and consortium. Maryland caps non-economic damages at $2 million.

Top Rated Columbia, Maryland Personal Injury Lawyer

Jonathan Scott Smith, a Maryland Super Lawyer, has protected the rights of personal injury victims across the state of Maryland for over three decades. He knows the impact a personal injury can have on every part of your life, and will fight to get full and fair compensation for all your losses. An experienced trial attorney, he has the skill, knowledge, experience and resources to successfully argue your claim in court.

  • Maryland Super Lawyer .
  • Top 100 Lawyers in Maryland by Super Lawyers (2014)
  • 0 Superb” as a litigation attorney by AVVO.
  • “Client’s Choice Award” by AVVO, based on average client reviews of 5 stars — the highest client reviews possible.
  • Client Distinction Award (Client Review Rating of 4.5 or higher on 5.0 scale – less than 4% of 900,000+ attorneys listed by Martindale-Hubbell).
  • “10 Best Attorneys in the State of Maryland in Client Satisfaction,” American Institute of Personal Injury Attorneys.
  • The National Trial Lawyers: Top 100 Trial Lawyers (by invitation only and limited to the Top 100 Trial Lawyers from each state).
  • AV-Preeminent™*” Highest Peer Rating by Martindale-Hubbell Law Directory (Every year since 1988).
  • The Million Dollar Advocates Forum (Awarded to fewer than 1% of U.S. Attorneys who have Obtained Multi-Million Dollar Verdicts, Awards and Settlements).

These include the highest ratings possible for legal skill, ethical practice, a lawyer’s years in practice, disciplinary history, professional achievements and industry recognition.

Top-Rated Baltimore, MD Premises Liability 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.

Who Can Sue for Wrongful Death in Maryland?

Who Can Sue for Wrongful Death in MarylandWhen someone dies because of the careless or wrongful act of another person, it can have a significant impact on many lives. Can anyone who has been affected by the accidental death seek compensation for their losses? What are the criteria for qualifying to bring a wrongful death lawsuit in Maryland and who can sue?

In Maryland, wrongful death claims take two different forms:

  • The estate of the deceased may bring what is known as a “survival action.” Such a lawsuit seeks compensation for funeral and burial expenses, as well as any pain or suffering incurred by the deceased as a result of the accident, but before death.
  • Certain survivors of the deceased may bring a “wrongful death” lawsuit. The damages available in this type of legal action include loss of support, as well as loss of companionship or consortium.

In Maryland, the surviving spouse, parents and children of the deceased are considered “primary beneficiaries.” They may file both a survival action and a wrongful death lawsuit. Other relatives have the status of secondary beneficiaries. A secondary beneficiary will only have a survival or wrongful death claim if there are no living primary beneficiaries.

Top Rated Prince Georges County, Maryland Personal Injury Lawyer

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 three decades. He is a skilled and experienced litigator with the proven ability to obtain positive results at trial.

  • Maryland Super Lawyer .
  • Top 100 Lawyers in Maryland by Super Lawyers (2014)
  • 0 Superb” as a litigation attorney by AVVO.
  • “Client’s Choice Award” by AVVO, based on average client reviews of 5 stars — the highest client reviews possible.
  • Client Distinction Award (Client Review Rating of 4.5 or higher on 5.0 scale – less than 4% of 900,000+ attorneys listed by Martindale-Hubbell).
  • “10 Best Attorneys in the State of Maryland in Client Satisfaction,” American Institute of Personal Injury Attorneys.
  • The National Trial Lawyers: Top 100 Trial Lawyers (by invitation only and limited to the Top 100 Trial Lawyers from each state).
  • AV-Preeminent™*” Highest Peer Rating by Martindale-Hubbell Law Directory (Every year since 1988).
  • The Million Dollar Advocates Forum (Awarded to fewer than 1% of U.S. Attorneys who have Obtained Multi-Million Dollar Verdicts, Awards and Settlements).

These include the highest ratings possible for legal skill, ethical practice, a lawyer’s years in practice, disciplinary history, professional achievements and industry recognition.

Effective Columbia, 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 Georges County and Montgomery County in Maryland.

Study Finds Long-Term Effects of Concussions in Young Adults

Long Term EffectsA recent study of young adults with a history of traumatic brain injuries brought on by concussions offers evidence that those types of injuries can lead to long-term and persistent cognitive challenges. The study, reported in the European Journal of Neuroscience, looked at a group of 18-24-year-olds who had each sustained at least two concussions. Researchers compared them to a control group of the same age comprised of people who had suffered no concussions.

In the study, researchers monitored brain wave activity with an electroencephalogram (EEG) while subjects carried out a number of tasks, including identifying colors and shapes. The scientists sought to determine the impact of prior concussions on attention span, memory, planning, inhibition, flexibility and performance. They concluded that those individuals who had sustained prior concussions consistently underperformed the control group, with clear deficits in the processing of information and accuracy of response.

Proven Baltimore County Personal Injury Lawyer

Jonathan Scott Smith, a Maryland Super Lawyer, has fought for personal injury victims throughout Maryland for more than 30 years, including individuals who have suffered any type of traumatic brain injury. He understands the potential impact a personal injury can have on of your life and will work hard to get compensation for all your losses.

Attorney Smith has been honored as a Top-Rated Lawyer by The American Lawyer Magazine. A multiple recipient of AVVO’s Client’s Choice Award, he has an average client review of five stars (the highest rating possible) and has a perfect 10.0 superb rating as a litigation attorney from AVVO. He’s also AV-rated by his colleagues in the legal profession under Martindale-Hubbell’s Peer Review Rating System.

Top-Rated Columbia, Maryland, Accident 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 personal injury victims in Howard County, Baltimore County, Carroll County, Frederick County, Prince Georges County and Montgomery County in Maryland.

The Standard of Care in a Medical Malpractice Claim

Medical Malpractice ClaimWhen you suffer from any illness or injury and seek medical attention, you anticipate a level of care and professionalism. You understand that there may be no effective treatment for your malady, but you expect that, at a minimum, your condition won’t get worse because of the carelessness or negligence of a medical professional. Unfortunately, as medicine becomes more and more of a for-profit enterprise, corners get cut and people suffer.

In a personal injury lawsuit, the first thing you need to show is that the defendant (the person at fault) did not exercise the level of care expected. In most personal injury claims, that level of care is what would be reasonably expected of an ordinary person. However, with respect to the actions of medical professionals, there’s a higher standard to which they must be held. As developed by the courts, that standard requires that a doctor, nurse or other medical professional employ the same level of care that a reasonably competent and skilled medical professional, with similar training and experience, would use within the same medical community. The determination as to whether that standard was met is typically made by a jury, often based on expert testimony from medical witnesses.

Effective Ellicott City, Maryland, Personal Injury Attorney

Attorney Jonathan Scott Smith, a Maryland Super Lawyer, has protected the rights of personal injury victims in Maryland for over three decades, including individuals who have been hurt because of the wrongful acts of medical professionals. As a testament to his longstanding record of obtaining positive results, attorney Smith has received the Client’s Choice Award from AVVO, with an average client review of five stars (the highest rating possible). AVVO has given him a perfect 10.0 superb rating as a litigator and he’s also AV-rated under Martindale-Hubbell’s Peer Review Rating System. He’s a Maryland Super Lawyer and was also recognized as a 2012 Top Rated Lawyer by The American Lawyer Magazine.

Proven Columbia, Maryland, Personal Injury Lawyer

If you have been hurt because of the carelessness or negligence 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.

Happy Holidays from Jonathan Scott Smith, LLC

Jonathan Scott Smith LLCThe trust you place in us is a gift, and we are grateful. We wish you all the gifts of the season and a peaceful, prosperous new year.

Duties of Property Owners in Maryland—Accumulation of Snow and Ice

Inner Harbor, Baltimore Burried in Snowpocalypse

Winter is upon us, and in Maryland, that means snow and ice. Just walking down the street or going shopping can be treacherous. Under Maryland law, the owner or personal in control of residential or commercial property has a duty to reasonably maintain the premises that minimizes the risk of injury to anyone lawfully on the property. How does that apply to accumulation of snow and ice in the Maryland winters?

In Maryland, the duty imposed on property owners can be offset by what is known as “contributory negligence.” Under the concept of contributory negligence, if a person knew or should have known of a potential danger, but still took the risk, they may be considered at fault and denied a right to compensation.

With respect to ice and snow accumulation, the right to recover compensation may depend on the type of ice/snow and how quickly it built up. There are at least two cases that hold that a person cannot be contributorily negligent when the ice is “black ice,” essentially invisible to the naked eye. An owner or landlord may also escape liability if a jury determines that his or her actions in attempting to remove snow or ice were “reasonable.”

Proven Baltimore County Personal Injury Lawyer

Jonathan Scott Smith, a Maryland Super Lawyer, has fought for personal injury victims throughout Maryland for more than 30 years. He understands the devastating effect a personal injury can have on every aspect of your life, so he’ll work hard to get compensation for all your losses.

Attorney Smith has been honored as a Top-Rated Lawyer by The American Lawyer Magazine. A multiple recipient of the Client’s Choice Award from AVVO, with an average client review of 5 stars (the highest rating possible), he also has a perfect 10.0 Superb rating as a litigation attorney from AVVO. As a testament to the regard with which he is held in the legal community, he’s AV-rated under Martindale-Hubbell’s Peer Review Rating System.

Top-Rated Columbia, MD Accident 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 personal injury victims in Howard County, Baltimore County, Carroll County, Frederick County, Prince Georges County and Montgomery County in Maryland.

Common Causes of Truck Accidents

commercial truck accidents
When an automobile collides with a commercial truck, the consequences are almost always catastrophic. Under state and federal regulations, most 18-wheelers and big rigs can have a total payload of as much as 80,000 pounds. Here are some of the most frequent causes of large truck accidents:

  • Driver fatigue—Most commercial truckers are paid based on the number of miles traveled—the incentive, then, is to spend more time on the road. While there are federal regulations requiring drivers to keep logs of their time behind the wheel, and mandating periodic breaks, the rules get flaunted and the logs get falsified.
  • Faulty maintenance—Drivers are also required to perform regular maintenance and to keep maintenance logs. Again, because of the time and expense involved, too many drivers neglect necessary maintenance or fabricate maintenance logs.
  • Distracted driving—Whether it’s a handheld device, the stereo or a roadside diversion, it only takes a second to create a dangerous situation
  • Driving under the influence—Some drivers use stimulants to help them stay alert…others drive while under the influence of alcohol or drugs.
  • Violation of traffic laws—Excessive speed, improper lane changing, or failure to use due caution.

Effective Baltimore, Maryland Personal Injury Attorney

Attorney Jonathan Scott Smith, a Maryland Super Lawyer, has protected the rights of personal injury victims in Maryland for over three decades, including individuals who have been hurt in truck accidents. Because of his proven record of obtaining positive results, Attorney Smith has received the Client’s Choice Award from AVVO, with an average client review of 5 stars (the highest rating possible). AVVO has given him a perfect 10.0 Superb rating as a litigator and he’s also earned an AV-rating under Martindale-Hubbell’s Peer Review Rating System. He’s a Maryland Super Lawyer and was also recognized as a 2012 Top Rated Lawyer by The American Lawyer Magazine.

Proven Ellicott City Personal Injury Lawyer

If you have been hurt because of someone else’s wrongful conduct, let us 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.

The Standard of Care in a Medical Malpractice Lawsuit

medical malpractice lawsuit
As we discussed in an earlier blog, in a personal injury claim based on negligence, you need to demonstrate that the defendant breached (or failed to meet) the standard of care expected under the circumstances. That standard of care is determined by the jury, based on what a reasonable person would do.

In a medical malpractice claim, though, because of the specialized training that medical professionals receive, the standard is not the same, but is somewhat higher. In addition, whether or not the defendant’s conduct met the standard is often determined by relying on expert testimony.

The standard of care for medical professionals in a personal injury action is based on:

  • What a reasonably competent and skilled medical professional would do
  • Assuming that the medical professional had similar experience and training
  • The specific standard of care in the geographic community in which the alleged malpractice occurred

Columbia, MD Personal Injury Lawyer

Maryland Super Lawyer Jonathan Scott Smith has aggressively represented personal injury victims throughout Maryland for more than three decades. He understands the impact a personal injury can have on every aspect of your life, so he’ll work hard to get full and fair compensation for all your losses.

Attorney Smith has been honored as a Top-Rated Lawyer by The American Lawyer Magazine. He’s a multiple recipient of the Client’s Choice Award from AVVO, based on an average client review of 5 stars (the highest rating possible), has a perfect 10.0 Superb rating as a litigation attorney from AVVO, and has been named a Maryland Super Lawyer. He’s also AV-rated by his colleagues in the legal profession under Martindale-Hubbell’s Peer Review Rating System.

Top-Rated Baltimore County Accident Injury Lawyer

We offer full service legal counsel to anyone who has suffered a needless injury because of the careless or negligent acts of others. Contact us by e-mail or call us at 410-740-0101 to schedule an appointment. We represent personal injury victims in Howard County, Baltimore County, Carroll County, Frederick County, Prince Georges County and Montgomery County in Maryland.

Choosing the Right Personal Injury Attorney

finding a personal injury lawyer

What to Look for When You Need Effective Personal Injury Representation

The consequences of a personal injury can be both devastating and long-lasting. You want a lawyer who understands the far-reaching impact of a personal injury, and who will help you get the compensation you need to take care of all your needs. Here are the most important attributes to look for in a personal injury attorney:

  • Trial Experience — Your case may never go to trial — many personal injury lawsuits settle. But you need to know that, if you have to take your case before a judge and jury, your lawyer has the skill, experience and knowledge of trial procedure and tactics to protect your interests.
  •  Experience handling your type of claim — Not all personal injury claims are the same. For example, if you’ve suffered burn injuries, you need a lawyer who understands the unique nature of those types of injuries and the specific medical care you may need.
  • Experience in the geographic area where your claim is filed — While justice should be blind, it typically looks a little different in every jurisdiction. A local attorney will know the practices of the different judges and what they are inclined to allow during the course of a trial. In addition, if your attorney knows and is known by defense counsel, you can often resolve many issues without the intervention of the court, saving you a lot of hassle.
  •  Fee structure — As a general rule, personal injury attorneys take their cases on a contingency basis. That means they won’t charge you upfront, but will take a percentage of any recovery. Find out what that percentage will be, as it can vary from practice to practice.

Results-Oriented Baltimore, Maryland Personal Injury Attorney

Attorney Jonathan Scott Smith, a Maryland Super Lawyer, has protected the rights of personal injury victims in Maryland for over 30 years, including individuals who have been hurt in truck accidents. Because of his impressive record of obtaining positive results for his clients, Attorney Smith has received the Client’s Choice Award from AVVO, based on an average client review of 5 stars (the highest rating possible). He has a perfect 10.0 Superb rating as a litigator from AVVO, and has also earned an AV-rating under Martindale-Hubbell’s Peer Review Rating System, the highest rating possible. He’s a Maryland Super Lawyer and was also recognized as a 2012 Top Rated Lawyer by The American Lawyer Magazine.

Proven Ellicott City Personal Injury Lawyer

If you have suffered needless injury because of the carelessness or negligence of another person, let us 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.

Happy Thanksgiving

Happy Thanksgiving 2018

At this time of year, we stop to give thanks: for our friends and families, for meaningful work, and for valued clients like you. We are truly grateful that you choose to work with us and we are dedicated to helping you achieve your goals.

We wish you all the blessings of a peaceful holiday with those you love. Happy Thanksgiving!

ADDRESS :

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

  • Call for consultation 410-740-0101