Car Accidents and Traumatic Brain Injury – Maryland

It’s common for a person involved in a car accident to seem perfectly normal after thetraumatic brain injury accident but then to deteriorate. The person may be suffering from a traumatic brain injury at the time of the crash.

Approximately 1.7 million people sustain a traumatic brain injury (TBI) each year in the United States. Most quickly recover, but 125,000 people suffer some type of permanent injury from the TBI.

Traumatic brain injuries are caused from a hard blow to the head. In a TBI injury, brain tissue is bruised. Bleeding can occur inside the brain. Brain lacerations or nerve damage may have occurred. Additionally, swelling can cause other types of damage.

Because of the hidden nature of the injuries, the accident victim most often thinks that everything is fine. Unfortunately, a TBI affects the way a person thinks, feels, and ultimately how he or she acts in the world. Symptoms may not be noticeable at first, but loved ones will often notice a change in a person’s behavior. In extreme cases of TBI stemming from a car crash or other blow to the head, a person can actually die from this type of injury.

Cognitive symptoms of TBI That Go Unrecognized

  • Memory problems
  • Problems concentrating
  • Deficits in language use and visual perception
  • Difficulty with abstract reasoning, problem solving, planning, organization, and processing information.

Behavioral Symptoms of TBI

A person’s behavior may change after suffering a TBI in a car crash. For example, a gentle person who never cursed may become increasingly aggressive and swear. Other TBI behavior signs include:

  • Impulsivity
  • Increased physical aggression
  • Anxiety
  • Trouble controlling emotions
  • Shift in sexual functioning
  • Lack of inhibition

Neurological Symptoms of TBI

The motor, autonomic, and sensory brain function may be affected by a TBI. The onset types of problems can be weeks or even months after the initial car accident trauma. Conditions also include:

  • Headaches
  • Seizures
  • Sleep disorders
  • Movement disorders

Contact an Experienced Personal Injury Attorney in Columbia, Maryland

If you or a loved one was seriously injured in a car accident because of someone else’s careless actions, you may have a right to seek compensation to pay for medical treatment, rehabilitation, and other types of damages. To schedule an appointment with an experienced personal injury attorney at the Smith Personal Injury Firm, in Columbia, Maryland, call 410-740-0101 or contact us online.

Why Are Trucking Accidents so Complex?

Maryland Truck Driver Negligence and Howard County Trucking Accident Lawyer maryland truck accident lawyer

Trucking accidents are very complex. If you were injured in a Maryland trucking accident or lost a family member to a truck wreck on a Baltimore highway, you should seek experienced counsel from a personal injury attorney with trucking accident experience.

Trucking accidents are not as frequent as car accidents; however, because of the size of a truck, trucking accidents are often fatal or involve very serious injury. But it is neither the complexity nor seriousness of the injury nor the amount of compensation involved that makes trucking accidents so complex, it is a myriad of other factors.

Factors that Make Trucking Accidents More Complex than Auto Accidents

  1. Trucking Rules and Regulations – Trucks and truck drivers have different rules and regulations they must follow when operating on the road. For example, truck drivers are limited in the number of hours they can be driving each day. Unfortunately, greed or a need to earn more income makes some truck drivers disobey the law and put your safety at risk due to truck driver fatigue. Some truck drivers try to take drugs, caffeine or energy drinks to stay awake, but this is a poor substitute for sleep, and their reflexes are likely not nearly as sharp, putting you and your family at risk. An experienced trucking accident attorney will know and understand the trucking rules and regulations to determine if a failure to follow those rules or regulations contributed to the accident.
  2. Parties Involved in a Trucking Accident – One of the biggest factors that make trucking so complex is that there are often many parties involved, and sometimes multiple parties may have contributed to a trucking accident or 18-wheeler fatality. For example, the truck driver could have contributed to the accident due to truck driver negligence; the owner of the truck rig (not necessarily the driver) could have contributed to the trucking accident due to failure to inspect or maintain brakes or other truck rig parts; the owner of the truck trailer (typically someone else) could have also contributed to a trucking accident by failing to inspect tires or tail lights on the truck’s trailer; the company that provided the driver could have contributed to the accident by failing to perform a proper background check on the driver; the people who loaded the truck trailer could have contributed to a trucking accident by failing to properly load the trailer; trucking parts companies could contribute to a trucking accident by supplying the wrong parts or defective parts. An experienced trucking accident attorney can ensure all parties have been examined and are included in any claim. Failure to include a party who may have been partially or fully responsible for a trucking accident could seriously jeopardize your claim and the amount of compensation you receive.

If you, or a family member, were injured in a Maryland trucking accident, you should seek counsel from an experienced personal injury attorney Maryland trucking accident lawyer to ensure you, and your family, receive the compensation you deserve.

Contact Our Office

To schedule an appointment, contact us online or call us now at 410-740-0101. Let us use our skill, experience, knowledge and resources to help you get full and fair compensation for your serious injuries or loss suffered in a Maryland trucking accident. Attorney Jonathan Scott Smith represents clients in wrongful death cases and personal injury cases involving trucking accidents throughout Maryland and the Baltimore area.

We also handle bodily injuries due to auto accidents, drunk driving wrecks and motorcycle wrecks on the Baltimore Beltway, Washington Beltway, MD 295, Baltimore Washington Parkway, B-W Parkway, I-695, I-495, Interstate 95 in Maryland, I-70, Maryland Route 32, U.S. Route 29, Baltimore National Pike, Route 40, I-83 and serious injury accidents throughout Maryland.

Ellicott City Tractor Trailer Truck Accident Attorney

Lawyer Smith also provides experienced legal representation for clients in Baltimore, Columbia, MD, Clarksville, Sykesville, Fulton, Elkridge, Frederick, Mt. Airy, Ellicott City, Laurel, Westminster, Baltimore County, Anne Arundel County, Carroll County, Prince Georges (Prince George) County, Howard County and Montgomery County, MD.

Why Are Trucking Accidents so Complex?

Maryland Truck Driver Negligence and Howard County Trucking Accident

Trucking accidents are very complex. If you were injured in a Maryland trucking accidenttruck-accident or lost a family member to a truck wreck on a Baltimore highway, you should seek experienced counsel from a personal injury attorney with trucking accident experience.

Trucking accidents are not as frequent as car accidents; however, because of the size of a truck, trucking accidents are often fatal or involve very serious injury. But it is neither the complexity nor seriousness of the injury nor the amount of compensation involved that makes trucking accidents so complex, it is a myriad of other factors.

Factors that Make Trucking Accidents More Complex than Auto Accidents

  • Trucking Rules and Regulations – Trucks and truck drivers have different rules and regulations they must follow when operating on the road. For example, truck drivers are limited in the number of hours they can be driving each day. Unfortunately, greed or a need to earn more income makes some truck drivers disobey the law and put your safety at risk due to truck driver fatigue. Some truck drivers try to take drugs, caffeine or energy drinks to stay awake, but this is a poor substitute for sleep, and their reflexes are likely not nearly as sharp, putting you and your family at risk. An experienced trucking accident attorney will know and understand the trucking rules and regulations to determine if a failure to follow those rules or regulations contributed to the accident.
  • Parties Involved in a Trucking Accident – One of the biggest factors that make trucking so complex is that there are often many parties involved, and sometimes multiple parties may have contributed to a trucking accident or 18-wheeler fatality. For example, the truck driver could have contributed to the accident due to truck driver negligence; the owner of the truck rig (not necessarily the driver) could have contributed to the trucking accident due to failure to inspect or maintain brakes or other truck rig parts; the owner of the truck trailer (typically someone else) could have also contributed to a trucking accident by failing to inspect tires or tail lights on the truck’s trailer; the company that provided the driver could have contributed to the accident by failing to perform a proper background check on the driver; the people who loaded the truck trailer could have contributed to a trucking accident by failing to properly load the trailer; trucking parts companies could contribute to a trucking accident by supplying the wrong parts or defective parts. An experienced trucking accident attorney can ensure all parties have been examined and are included in any claim. Failure to include a party who may have been partially or fully responsible for a trucking accident could seriously jeopardize your claim and the amount of compensation you receive.

If you, or a family member, were injured in a Maryland trucking accident, you should seek counsel from an experienced personal injury attorney Maryland trucking accident lawyer to ensure you, and your family, receive the compensation you deserve.

Contact Our Office

To schedule an appointment, contact us online or call us now at 410-740-0101. Let us use our skill, experience, knowledge and resources to help you get full and fair compensation for your serious injuries or loss suffered in a Maryland trucking accident. Attorney Jonathan Scott Smith represents clients in wrongful death cases and personal injury cases involving trucking accidents throughout Maryland and the Baltimore area.

We also handle bodily injuries due to auto accidents, drunk driving wrecks and motorcycle wrecks on the Baltimore Beltway, Washington Beltway, MD 295, Baltimore Washington Parkway, B-W Parkway, I-695, I-495, Interstate 95 in Maryland, I-70, Maryland Route 32, U.S. Route 29, Baltimore National Pike, Route 40, I-83 and serious injury accidents throughout Maryland.

Ellicott City Tractor Trailer Truck Accident Attorney

Lawyer Smith also provides experienced legal representation for clients in Baltimore, Columbia, MD, Clarksville, Sykesville, Fulton, Elkridge, Frederick, Mt. Airy, Ellicott City, Laurel, Westminster, Baltimore County, Anne Arundel County, Carroll County, Prince Georges (Prince George) County, Howard County and Montgomery County, MD.

What to Do After a Commercial Truck Accident

Tractor Trailer Truck Accident and Fatal Trucking Accident Questions

Truck accidents are responsible for countless injuries and deaths throughout HowardFatal Truck Accident County and the state of Maryland. Knowing what to do if you are involved in a trucking accident could affect your, health, your injury claim and the amount of compensation you receive.

The most important thing is preserving your physical and mental health. The first thing you need to do is make sure you are alright, and then check on the condition of others. Remember, if someone is injured, and not in imminent danger, call 911 and let the medical professionals move and handle any injuries. You do not want to unnecessarily exacerbate a serious medical condition. Common injuries from trucking accidents include head injury, back injury, neck injury, damage to spinal cords, brain injury, and compound fractures (broken bones), as well as soft tissue injuries such as whiplash. Moreover, in many instances, injuries may not manifest themselves immediately; therefore, you should seek medical attention after an accident, even if you think you feel alright.

Once you have taken steps to ensure there are no health risks, you should report the trucking accident by calling the police. Be sure to note the name of the police officer reporting to the accident scene. Recall the events as best you can recollect, and as soon as possible after the accident, write down notes while things are still fresh in you mind.

The next step should be to identify witnesses. If possible, obtain the names and contact information for any witnesses, including bystanders or anyone who stopped to assist. Witnesses may be valuable if there is a dispute regarding the truck accident.

The next thing you should do, if possible, is take pictures. Use your phone if necessary. Pictures can be valuable, as they will record the scene, position and damage of the vehicles, weather conditions, etc. Remember, cars and trucks will be moved and likely repaired. This is your chance to document the condition of the accident scene and the vehicles. Also, ask the police if they can take pictures when they arrive.

Only talk to the police and answer their questions. Do not discuss the truck accident with anyone else, especially an insurance agent or claims adjuster until you have received advice and representation from an experienced personal injury attorney. Anything you say to anyone else will not help you, but may hurt you. Statements may be designed to be used against you when taken out of context.

Keep records of anything related to the accident, including medical records, bills, etc. relating to the truck accident.

And, of course, retain counsel from an experienced Maryland personal injury and truck accident lawyer.

Contact Our Office

To schedule an appointment, contact us online or call us now at 410-740-0101. Let us use our skill, experience, knowledge and resources to help you get full and fair compensation for your truck accident injuries.

Attorney Jonathan Scott Smith represents clients in wrongful death cases and personal injury cases involving bodily injuries in auto accidents, truck wrecks, drunk driving wrecks and motorcycle wrecks on the Baltimore Beltway, Washington Beltway, MD 295, Baltimore Washington Parkway, B-W Parkway, I-695, I-495, Interstate 95 in Maryland, I-70, Maryland Route 32, U.S. Route 29, Baltimore National Pike, Route 40, I-83 and serious injury accidents throughout Maryland.

Ellicott City 18 Wheeler Wreck Attorney

Lawyer Smith also provides experienced legal representation for clients in Baltimore, Columbia, MD, Clarksville, Sykesville, Fulton, Elkridge, Frederick, Mt. Airy, Ellicott City, Laurel, Westminster, Baltimore County, Anne Arundel County, Carroll County, Prince Georges (Prince George) County, Howard County and Montgomery County, MD.

Successful Claim for Pedestrian Killed in Car Wreck Caused by Drunk Driver

Deaths Caused by Drunk Drivers in Car Wrecks

 

Too many innocent people are injured or killed by drunk drivers in Maryland and the United States every year. Tragically, National Highway Traffic Safety Administration statistics reveal that over 13,000 people were killed annually in the United States by alcohol-impaired drivers. DUI drivers should be punished for causing fatal auto accidents, and make restitution to their victims. Mothers Against Drunk Driving was established to stop drunk driving and to support its victims.

Pedestrian Killed by Drunk Driver

On October 1, 2010, Scott T. Berenbach left a wedding reception where he had been drinking alcohol and chose to get behind the wheel of a car. He struck and killed Adam J. O’Connor, a pedestrian who was attempting to cross Ft. Smallwood Road in Anne Arundel County. Investigating police officers made Berenbach submit to an alcohol test, which revealed his blood alcohol level to be .07 – equivalent to driving while impaired by alcohol in Maryland. He later plead guilty to a drunk driving offense and was sentenced to jail.

Death Claim Settled Against Drunk Driver

The drunk driver’s victim, Mr. O’Connor, left behind a mother and 15-year old daughter to grieve over the loss of their son and father. Attorney Jonathan Scott Smith, an experienced personal injury lawyer, represented the victims and successfully resolved their claims with the insurance company. The insurer agreed to pay the full policy limits. The money was used to pay for Mr. O’Connor’s funeral expenses and to create a fund to pay for his daughter’s future college education.

Drunk Driving Victim Attorney

Attorney Jonathan Scott Smith represents victims of drinking and driving accidents in wrongful death cases and personal injury cases involving bodily injuries in auto wrecks truck wrecks drunk driving wrecks and motorcycle wrecks
on the Baltimore Beltway, Washington Beltway, MD 295, Baltimore Washington Parkway, B-W Parkway, I-695, I-495, Interstate 95 in Maryland, I-70, Maryland Route 32, U.S. Route 29, Baltimore National Pike, Route 40, I-83 and serious injury accidents throughout Maryland.

To schedule an appointment, contact us online or call us now at 410-740-0101. Let us use our skill, experience, knowledge and resources to help you get full and fair compensation for your car accident injuries.

Howard County Car Wreck Attorney

Lawyer Smith also provides experienced legal representation for clients in Baltimore, Columbia, MD, Clarksville, Sykesville, Fulton, Elkridge, Frederick, Mt. Airy, Ellicott City, Laurel, Westminster, Baltimore County, Anne Arundel County, Carroll County, Prince Georges (Prince George) County, Howard County and Montgomery County, MD.

Baltimore Insurance Claims Adjusters and Other Car Insurance Representatives Are NOT Looking Out for Your Best Interest

Why Maryland Car Insurance Companies Are Not on Your Side after a B-W Parkway or Other Auto Accident
(Even if it is your own insurance company!)

Car Insurance CompaniesMost people feel that because they pay their insurance company premiums, the insurance company is on their side. Many claims adjusters would have you believe the same thing, claiming they are trying to get you the most money in your pocket and telling you that you do not need a lawyer.

The fact is that insurance companies, and their representatives, are not on your side and do not even consider your interests. They are accountable to shareholders, who are only interested in profit. Profit is created by collecting as much as possible in car insurance premiums and paying out as little as possible in car accident claims.

Studies have shown, and it has been our experience as well, that the vast majority of people who hire an auto accident attorney net more money than they would have if they had accepted the initial settlement offer by the insurance company. Why else would an insurance company try to convince an injured party to settle without having a lawyer? Many people are not savvy enough to retain a personal injury attorney after a Baltimore car accident, which can be a catastrophic mistake. First, chances are you will not receive the compensation you deserve for your Maryland auto accident. Second, and equally important, without representation, you may prematurely sign a waiver, and not receive compensation if an injury sustained in a car accident manifests itself at a later time, which is not an uncommon event.

Insurance companies take advantage of your situation and your ignorance of Maryland personal injury laws. The insurance companies do not take any action before consulting their lawyers, why should you?

Contact Our Office

To schedule an appointment, contact us online or call us now at 410-740-0101. Let us use our skill, experience, knowledge and resources to help you get full and fair compensation for your car accident injuries.

Attorney Jonathan Scott Smith represents clients in wrongful death cases and personal injury cases involving bodily injuries in auto accidents, truck wrecks, drunk driving wrecks and motorcycle wrecks on the Baltimore Beltway, Washington Beltway, MD 295, Baltimore Washington Parkway, B-W Parkway, I-695, I-495, Interstate 95 in Maryland, I-70, Maryland Route 32, U.S. Route 29, Baltimore National Pike, Route 40, I-83 and serious injury accidents throughout Maryland.

Ellicott City Car Wreck Attorney

Lawyer Smith also provides experienced legal representation for clients in Baltimore, Columbia, MD, Clarksville, Sykesville, Fulton, Elkridge, Frederick, Mt. Airy, Ellicott City, Laurel, Westminster, Baltimore County, Anne Arundel County, Carroll County, Prince Georges (Prince George) County, Howard County and Montgomery County, MD.

Howard County Police Officer Injured by Alleged Drunk Driver

Drunk Drivers Cause Injuries and Deaths in Maryland

Drunk drivers are responsible for causing untold tragedies in Maryland every year. Unfortunately, drunken driving accidents are responsible for injuries to other drivers and passengers. Tragically, sometimes people have been killed by DUI drivers in fatal auto accidents. National Highway Traffic Safety Administration statistics reveal that over 13,000 people were killed annually in the United States by alcohol-impaired drivers.

Recently, a Howard County police officer who was conducting a traffic stop was struck by an alleged drunk driver. The officer was hit while investigating a traffic violation at Route 40 and Route 29. An alleged drunk driver struck the rear of the police car, pushing it into another car, which then struck and injured the police officer, according to the Baltimore Sun. Drinking & driving often results in car wrecks that cause personal injuries to innocent people.

If you or a loved one was the victim of a drunk driver in a car accident or auto wreck fatality in the Baltimore, Maryland area, including the Baltimore Beltway (I-695), the B-W Parkway or one of the interstate highways (such as I-95, I-70), or major local roads such as Route 29 and Route 40, you need an experienced Maryland personal injury attorney to ensure you and your family receive the advice, representation and counsel to obtain restitution from the drunk driver.

Drunk Driving Victim Attorney

Attorney Jonathan Scott Smith represents victims of drinking and driving accidents in wrongful death cases and personal injury cases involving bodily injuries in auto wrecks, truck wrecks, drunk driving wrecks and motorcycle wrecks on the Baltimore Beltway, Washington Beltway, MD 295, Baltimore Washington Parkway, B-W Parkway, I-695, I-495, Interstate 95 in Maryland, I-70, Maryland Route 32, U.S. Route 29, Baltimore National Pike, Route 40, I-83 and serious injury accidents throughout Maryland.

To schedule an appointment, contact us online or call us now at 410-740-0101. Let us use our skill, experience, knowledge and resources to help you get full and fair compensation for your car accident injuries.

Howard County Car Wreck Attorney

Lawyer Smith also provides experienced legal representation for clients in Baltimore, Columbia, MD, Clarksville, Sykesville, Fulton, Elkridge, Frederick, Mt. Airy, Ellicott City, Laurel, Westminster, Baltimore County, Anne Arundel County, Carroll County, Prince Georges (Prince George) County, Howard County and Montgomery County, MD.

Evaluating Maryland Car Accident Claims

If you have been injured in a car accident in Maryland, you probably want to know the value of your personal injury claim. Quite simply, you want to know, “what is it worth?” Set forth below are the factors commonly considered in arriving at the fair value of bodily injury claims in Maryland automobile accident cases.

If an injury case goes to trial, Maryland law requires that the judge or jury itemize their verdict and allocate the award to economic and non-economic losses. Economic losses commonly include past (and future) medical expenses and lost income. Non-economic losses include the injuries, physical pain, mental suffering, effects on the injured person,
scarring or disfigurement, and any permanency.

1. Fault.

Whether another person is at fault, and to what extent, is the first and most important factor. In most car accidents it is obvious and undisputed which driver is at fault,
whether from rear end collisions, failing to stop at stop signs, going through
red traffic lights, or failing to yield the right of way.

In some cases, insurance companies will look for any way to avoid or minimize their insured driver’s responsibility. Maryland is one of the only states left that recognize
the affirmative defense of “contributory negligence,” which is where the injured
person failed to exercise reasonable care for their own safety, and caused or
contributed to the cause of their injuries. Contributory negligence completely
bars an injured party from recovery, even when the other party is at fault.

A common situation involves multiple vehicle, or “chain” collisions. For example, assume three cars are involved in a rear end collision. If the first driver in line states
that they felt two impacts, the insurance company for the third car may argue
that the second car rear ended the first car, and then the third car rear ended
the second. The insurance company may argue that the property damage to the
front of the second car was not caused by their insured. In addition, the
insurer may refuse any payment on the injury claim by claiming that the driver
of second car was contributorily negligent, or only accept responsibility for
one-half of the injury claim.

An experienced Maryland car accident attorney can evaluate your claim, and fight
aggressively for you.

2. Nature and Extent of Impact.

The nature and extent of the impact, and the resulting property damage, can carry a lot of weight in determining whether an insurance company will offer a settlement and, if so,
the amount. Special attention must be paid to those accidents resulting in
minimal damage. An insurance company will reason that if the damage to the
vehicle is minor, then it is unlikely that a driver or passenger sustained any injury
or anything more than a minor injury. Insurance companies litigate thousands of
cases and know from experience that judges and juries frequently award nothing
or perhaps only out of pocket expenses only, in these cases

.

A rough rule of thumb is that if the damage is difficult to see, or appears minor, in a photograph, or the repair estimate or bill is less than $1,000.00, it will be difficult or
impossible to obtain any personal injury settlement voluntarily from a car
insurance company.

On the other hand, if the damage in a photograph appears extensive, or if the vehicle is declared a total loss, then this will cause greater value to be placed on the claim and
usually result in a higher settlement.

3. Initial Injury and Treatment.

The nature and extent of the injuries is an important factor in evaluating a car accident claim. Many accidents cause neck and back strains, or bruises from seat belts and air bags
that deployed. These “soft tissue” injuries will not be valued as much as more serious injuries such as fractures, ruptured or herniated disks, facial fractures, serious lacerations resulting in scarring and disfigurement.

Another important factor is whether the injured party was treated and/or transported by an ambulance to a hospital emergency room, or whether the first medical treatment
occurred within a couple of days after the accident, or much later. The longer a person waits to see a medical provider, the more likely questions will be raised whether they were in fact injured in the accident.

The best scenario is when the injured party is transported by ambulance to a hospital emergency room, and then receives prompt follow-up treatment by their primary care
physician or a specialist, such as an orthopedic surgeon.

4. Follow-up Treatment.

In cases where the injured claimant is treated at the emergency room, followed by a couple of doctor visits, the claim will be evaluated as minor. Often, experienced car accident lawyers will not handle these cases because the time and expense to open a file, obtain police reports and medical records and bills, is not worth the eventual fee.

People who are treated at an emergency room, regularly see treating physicians, receive physical therapy, and undergo common diagnostic tests such as x-rays, MRI’s, and CT
scans will have their claims evaluated much higher. The most serious cases involve treatment for fractures, in patient surgeries, long term treatment and rehabilitation, and are evaluated higher. Car accidents involving fatalities are evaluated as the most serious and usually receive the highest awards. It is critical to have an experienced Maryland wrongful death lawyer to represent you.

Insurance companies also consider the identity of the treating physician. Does the health care provider treat a high volume of injured claimants? Do personal injury lawyers regularly refer clients to the provider? Was the injured party referred to the doctor or chiropractor by their attorney? Insurers also consider the nature and extent of the treatment. Physical therapy or chiropractic treatment lasting no more than two to three months is considered reasonable. Long term therapy, or therapy initiated or repeated many months after the accident is considered unnecessary or unreasonable and will be discounted or ignored in the evaluation of the claim. Under Maryland law, a negligent party is responsible only for the “reasonable and necessary” treatment of the injured person.

5. Effects on Claimant and Activities.

One of the most important elements of an injury claim is the physical pain, and emotional
suffering, that a person sustains as a result of the injuries and any treatment.

An important question is what effects the injuries have on the injured person. This runs the gamut from the inability to work, attend school, engage in the usual activities of daily living, recreational pursuits, social activities, family life, and marriage. The extent of the effects, and the duration, are evaluated. Often, little or no documentation will appear in medical records. An injured party can document this on a calendar, in a journal, or with documents prepared by third parties.

6. Economic Losses.

Economic losses include medical expenses and lost income. Medical expenses includes hospital treatment, doctor’s bills, physical therapy bills, the cost of medical appliances and
prescriptions, and diagnostic tests, such as x-rays, MRI’s, CT scans, nerve conduction studies, etc. A claim can be made not only for past medical expenses, but also for medical expenses that a medical doctor or other expert states are likely to be incurred within a

“reasonable degree of probability.” This is defined as being more likely so than not so (or at least 51%). The mere possibility that an injured person might have surgery, or incur other future medical treatment does not meet this test and is not provable legally.

Economic losses for lost income include lost income from time missed from work, even if the injured party used sick or disability leave and received their normal pay. This is so
because the law recognizes that their sick leave or other work benefit was reduced. Most people return to work. In serious injury cases, the resulting disability may reduce the injured person’s earning capacity. This is compensable and involves experts to prove. Often experienced personal injury attorneys will have the client evaluated by a vocational rehabilitation expert to assess the estimated income the injured person would have received if the injuries had not occurred, compared with the estimated income after the injury and disability. Next, an economist determines the respective income streams and
work life expectancy, and reduces the difference to present value.

7. Permanency.

Fortunately, the typical person injured in a Maryland car accident undergoes medical treatment and returns to their normal functional state after reaching their “maximum
medical improvement.”

In more serious cases, people injured in motor vehicle collisions are left with impairments after treating professionals have done all that is possible. The resulting permanent impairments are significant factors that should result in a much higher settlement. Life expectancy tables can be consulted to determine the estimated time remaining in the injured person’s life during which they will endure the permanent impairment, pain, and effects on activities.

8. “Horrible Factor.”

This refers to a variety of situations where a claim will be given more value than another case where the injuries, treatment, and economic and non­-economic losses are the same. For example, a case where the accident was caused by a drunk driver with a revoked license will have more value than where the negligent driver is a nun driving home from volunteer work at a soup kitchen.

9. The Parties.

Some parties are more presentable, or sympathetic, than others. Accidents caused by tractor trailers, young inexperienced drivers, drivers engaged in texting or cell phone calls,
will be more likely to be won by claimants. Claimants who make a good appearance are more likely to receive higher awards. Race also plays an important factor. An African American claimant in Baltimore City or Prince George’s County is likely to be more successful because jurors are predominantly of the same race.

10. Jurisdiction.

Some Maryland jurisdictions are known to be more likely to award higher verdicts than other more conservative ones where defendants are more likely to win, or where the
awards are lower. Baltimore City and Prince George’s County are known to be more
claimant friendly and juries more likely to award higher amounts. Suburban counties, counties in Western Maryland, and counties on Maryland’s Eastern Shore are more conservative.

11. Summary.

There is no book, table, or formula that can provide the value of a personal or bodily injury
claim in a Maryland car accident case. In the past, many insurance companies and adjusters used a rule of thumb where they would multiply the medical expenses by three, and then add the lost income, to arrive at a settlement amount. This type of formula has been abandoned years ago and cannot be relied upon. Every case is unique. An experienced Maryland car accident lawyer can evaluate the case using the factors above, and settlements in previous cases, to arrive at a fair value.

If you have been injured in a car accident or motor vehicle collision in Maryland, you need an car accident lawyer such as Jonathan Scott Smith of the Smith Personal Injury Firm to assist you. Call now 410-740-0101, or contact his office online.

Traumatic Brain Injuries (TBI) & Personal Injury

Traumatic brain injury (TBI) occurs when a forceful blow or jolt to the head and/or a penetrating head injury hinders normal brain function. Nearly 2 million Americans sustain serious head injuries annually, and these injuries break down as the following statistics show:

  • 1.5 million people suffer nonfatal injuries without hospitalization
  • 300,000 people suffer injuries requiring hospitalization
  • 99,000 people sustain injuries resulting in long-term disability
  • 56,000 people die of their injuries

The most frequently cited causes of TBI are:

  • Sports injuries
  • Motor vehicle accidents
  • Falls
  • Occupational accidents
  • Assaults

Serious brain injuries can manifest symptoms as soon as a few hours after the accident and as long as days following the accident and may include:

  • Loss of consciousness
  • Confusion
  • Slurred speech
  • Weakness or numbness in extremities
  • Loss of coordination
  • Persistent headaches
  • Vomiting or nausea
  • Convulsions or seizures

Personal injury lawsuit for TBI

Often TBI victims can obtain compensation for a brain injury through a personal injury lawsuit. Many factors determine the success of a brain injury lawsuit, including the cause and responsible parties. If your brain injuries resulted from product defects, you may have a case against the product manufacturer and/or designer. If your injury resulted from a motor vehicle accident or medical malpractice, you may have cause to file a claim with the offender’s insurance companies. An experienced personal injury attorney can review the facts of your case and help you determine if you have cause to file a personal injury lawsuit.

Depending on the circumstances of your case, you may be entitled to receive compensation for your losses, including:

  • Medical expenses
  • Rehabilitation costs
  • Equipment and home modification costs
  • Pain, suffering and emotional distress
  • Disability and disfigurement

If you or a loved one has sustained a serious brain injury, contact Jonathan Scott Smith online or call us at 410-740-0101 today to schedule a consultation.

ADDRESS :

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

  • Call for consultation 410-740-0101