Winning A Personal Injury Claim—Part Two

Injured person in wheelchair

In an earlier blog, we explained the standard of care to which all persons are held, as well as the requirement, in a personal injury lawsuit, that you prove the defendant failed to meet that standard. Once you’ve done that, you must then show a causal link between that failure (or breach) and the accident that caused your losses.

There are, however, two specific types of cause that you have to prove. First (and often the easiest) is the requirement that you demonstrate what the law refers to as “actual cause.” In a nutshell, you must show that, had the defendant not breached the duty of care, the accident would not have happened.

But that’s not enough—there’s also the requirement that you show “proximate cause.” In essence, proximate cause requires that you show that the specific injury or loss was “reasonably foreseeable” as a result of the wrongful conduct. If there are intervening factors that were not foreseeable, but that were necessary for the accident to occur, there may not be proximate cause. For example, if you negligently run a stop sign and hit another motorist, who then careens into a gas pump at a nearby gas station, you may not be held liable for damages caused by an explosion or fire at the gas station.

Ellicott City, MD Personal Injury Lawyer

Maryland Super Lawyer Jonathan Scott Smith has aggressively represented personal injury victims throughout Maryland for more than 30 years. He knows the effect a personal injury can have on every area of your life, so he’ll work diligently to get full and fair compensation for all your losses.

Smith has been honored as a Top-Rated Lawyer by The American Lawyer Magazine and Martindale-Hubbell. 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) and has a perfect 10.0 Superb rating as a litigation attorney from AVVO. As an indication of the respect by which he is held by his colleagues in the legal profession, he’s AV-rated under Martindale-Hubbell’s Peer Review Rating System.

Top-Rated Maryland 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 [link to Contact Us page] or call us at (410) 441-5054 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.