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.

Wrongful Death and Criminal Acts in Maryland

Can You Recover Damages When a Crime Causes a Loved One’s Death?

Wrongful Death and Criminal Acts in MarylandWhen someone’s negligence causes the death of a family member, you have the right to seek compensation for your losses. But what if someone commits a criminal act that results in death? Are criminal penalties the only remedy in such a situation? Can you seek damages when someone else’s criminal conduct causes the death of your loved one?

In Maryland, the answer is yes. Under Maryland law, a death is considered “wrongful” if it is caused by “an act, neglect or default, including a felonious act.” Maryland law permits a wrongful death claim if the deceased would have had a personal injury claim had he or she survived.

A wrongful death claim is a civil action, wholly distinct from a criminal prosecution. In a wrongful death lawsuit, the remedy or sanction is purely financial. Wrongful death damages can include compensation for lost support, companionship, and consortium, as well as other damages resulting from the loss of life. While a criminal prosecution may lead to fines, those are not paid to survivors but instead go to the state. A single act can, and often does, result in a criminal prosecution and a wrongful death civil claim.

Proven Maryland Wrongful Death Attorney

Jonathan Scott Smith, a Maryland SuperLawyer, has fought for the rights of survivors in wrongful death claims for more than 40 years. Highly regarded by fellow attorneys in the Maryland bar, Attorney Smith has long held an AV rating under Martindale-Hubbell’s Peer Review Rating System. He has also earned high praise from his clients, including 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. He has also been honored as a Top-Rated Lawyer by The American Lawyer magazine.

Experienced Baltimore Accidental Death Lawyer

If you’ve lost a loved one because of the wrongful act of another person, attorney Jonathan Scott Smith can help. Send us an e-mail 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.

Slip-and-Falls on Commercial Property in Maryland

Must a Property Owner Give Notice of a Dangerous Condition?

Slip-and-Falls on Commercial Property in MarylandIn Maryland, as in other states, the owner of commercial property has certain duties with respect to anyone legally visiting the property. A business owner must either correct any dangerous situation or provide adequate warning to legal visitors. However, to recover compensation for a slip-and-fall, an injured person must demonstrate that the business owner either knew or should have known of the dangerous condition.

Did the Owner Have Actual Knowledge of the Hazard?

You can bring a claim against an owner if you can prove they were actually informed of the hazardous condition by a customer, employee, or someone else with personal knowledge of the condition. An owner also is deemed to have had actual notice if the danger was caused or created by an employee, even if the employee was unaware that they created the situation.

Was There Constructive Notice?

In some situations, the circumstances indicate that the owner should have known of the dangerous condition. It may have existed for a sufficient length of time that it would be unreasonable to expect that the owner wouldn’t know; it may have been obvious to anyone spending time on the property; or it may have been a condition that had occurred before.

Results-Oriented Maryland Premises Liability Lawyer

Jonathan Scott Smith, a Maryland SuperLawyer, brings more than 30 years’ 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 also has 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 Montgomery County Slip-and-Fall Attorney

If you suffer needless injury in a slip-and-fall on commercial property, attorney Jonathan Scott Smith can help. Send us an e-mail 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.

Delivery Room Errors in Maryland

Medical Negligence Claims Involving Birth Injuries

Delivery Room Errors in MarylandThe birth of a child should be a moment of great joy. Unfortunately, when medical professionals fail to follow reasonable standards, mistakes occur that can turn your joy into grief and hardship. Doctors and nurses breach the standard of care in a variety of ways:

  • Carelessly using delivery equipment, such as forceps and vacuum extractors;
  • Failing to monitor the mother or fetus for warning signs;
  • Failing to take timely steps to perform a C-section when medical circumstances dictate it should be done; and
  • Administering the wrong medication or wrong dosage of medication.

These actions can have devastating consequences, causing:

  • Hypoxia injuries—trauma caused by the deprivation of oxygen to the child, including cerebral palsy or brain injury;
  • Erb’s palsy, shoulder dystocia, or other injuries caused by surgical equipment or extreme force/pulling on the fetus; or
  • Brain bleeds, infections, and seizure disorders.

Proven Maryland Birth Injury Attorney

Maryland SuperLawyer Jonathan Scott Smith brings more than 30 years’ experience to parents whose children suffer needless injury during the birth process. He represents clients in the greater Baltimore area and across the state of Maryland. Well-known and respected by his fellow attorneys, Mr. Smith has long been AV-rated under Martindale-Hubbell’s Peer Review Rating System. He has also earned accolades from his clients, with a prestigious Client’s Choice Award from AVVO, (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 also has been named a Top-Rated Lawyer by The American Lawyer magazine.

Effective Prince George’s County Delivery Room Injury Attorney

When your infant is needlessly hurt during the delivery process because of medical carelessness or negligence, attorney Jonathan Scott Smith can help. Send us an e-mail 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.

Surgical Errors in Maryland

The Different Types of Claims You Can File

Surgical Errors in MarylandWhen you have an injury or illness that requires a surgical procedure, you know the likelihood of success can be uncertain. However, you don’t expect your condition to worsen because a doctor, nurse, or other medical caregiver fails to proper care. Unfortunately, it happens often, as nearly 100,000 people seek compensation each year in lawsuits alleging medical malpractice or negligence. Among the most common are errors during surgical procedures:

  • Performing a procedure on the wrong body part, e.g., operating on the left leg instead of the right
  • Performing the wrong surgery, i.e., confusing one patient with another or conducting the wrong procedure on a patient
  • Carelessness when operating, leading to unnecessary damage to organs, limbs, nerves, or other body parts
  • Leaving a medical device, such as a scalpel or sponge, in a body cavity

Results-Oriented Maryland Surgical Malpractice Lawyer

Jonathan Scott Smith, a Maryland SuperLawyer, brings decades of experience to victims of surgical and other medical malpractice in Baltimore and across the state of Maryland. Well-known and respected by his colleagues in the legal profession, Attorney Smith has consistently received an AV-rating under Martindale-Hubbell’s Peer Review Rating System. He has also proven himself with clients, earning the prestigious 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 trial attorney. He has also been named a Top-Rated Lawyer by The American Lawyer magazine.

Effective Baltimore County Surgical Injury Attorney

If you suffer needless injury because of carelessness in a surgical procedure, attorney Jonathan Scott Smith can help. Send us an e-mail 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 in Maryland

Common Medical Malpractice Claims

Medical Malpractice in MarylandWhen you are ill or suffer an injury, your first course of action is typically to seek medical attention. You don’t expect, though, that your condition will deteriorate because of the care you receive. Unfortunately, that happens far too often. More and more hospitals, urgent care facilities, and medical practices have shifted their emphasis, moving from placing a premium on the quality of care to maximizing their profits. That often leads to medical malpractice.

The Different Ways Medical Providers Can Be Negligent

As a practical matter, to recover for medical malpractice, you must show that a doctor, nurse, or other caregiver acted carelessly or negligently when treating you. That can take many different forms:

  • Surgical errors—A doctor or nurse can make a careless mistake during a surgical procedure, operating on the wrong body part, performing the wrong surgery, nicking an internal organ through haste or inattention, or leaving a surgical tool or implement behind.
  • Failure to diagnose or misdiagnosis—Medical professionals may misread diagnostic tests or negligently fail to order them.
  • Birth injuries—Doctors may fail to take reasonable measures before or during a delivery, leading to forceps or suction injuries, hypoxia (deprivation of oxygen to the brain), or shoulder dystocia.
  • Medication or anesthesia errors—A doctor may fail to do a proper workup before subjecting you to anesthesia, or may prescribe the wrong medication or an incorrect dose.
  • Failure to treat—A doctor may make a correct diagnosis but fail to use commonly accepted medical practices to ensure that you get proper treatment.

Experienced Maryland Medical Malpractice Lawyer

Jonathan Scott Smith, a longtime Maryland SuperLawyer, has aggressively fought for the rights of people in Baltimore and across the state of Maryland who have been victims of medical malpractice. Over the past 30 years, he has earned the highest respect from his colleagues in the legal profession, who have consistently given him an AV-rating under Martindale-Hubbell’s Peer Review Rating System, the highest accolade possible. Mr. Smith has also earned the admiration and respect of his clients, receiving the prestigious Client’s Choice Award from AVVO, with an average client review of 5 stars (the highest rating possible). He has a perfect 10.0 (Superb) rating from AVVO as a trial attorney and has been named a Top-Rated Lawyer by The American Lawyer magazine.

Experienced Frederick County Medical Negligence Attorney

If you’re hurt because of the wrongful acts of a doctor, nurse, or other medical professional, attorney Jonathan Scott Smith can help. Send us an e-mail 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