Causation in a Personal Injury Claim

Causation in a Personal Injury ClaimWhen you file a personal injury lawsuit, you must first show that the at-fault party failed to act as a reasonable person—that their conduct was below what would be considered reasonable in society. In addition, you must show that the breach of duty caused you to suffer an injury.

Under the law, there are two types of causation—actual cause and proximate cause—and you must show both. Actual cause, also known as “but for” cause, simply asks the question whether the accident (and your injury) would have occurred in the absence of the defendant’s breach of the standard of care. Proximate cause is a bit more complex, looking at whether or not the consequences (your injury) were reasonably foreseeable as a result of the breach.

Personal Injury Lawyer in Ellicott City, MD

Maryland Super Lawyer Jonathan Scott Smith has aggressively represented personal injury victims in Maryland for more than 30 years, including people who have been hurt in a motor vehicle accident. He understands the impact a personal injury can have on every aspect of your life and will work hard to get full and fair compensation for all your losses.

Because of his record and reputation, he has been a multiple recipient of 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 litigation attorney from AVVO, and is also respected by his colleagues in the legal profession, who have given him an AV-rating under Martindale-Hubbell’s Peer Review Rating System. Smith was also recognized as a 2012 Top Rated Lawyer by The American Lawyer Magazine and Martindale-Hubbell.

Top-Rated Motor Vehicle Accident Attorney in Maryland

We offer comprehensive counsel to anyone who has been hurt in a car, truck or motorcycle accident. 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.

The Standard of Care in a Personal Injury Lawsuit

The Standard of Care in a Personal Injury LawsuitIf you have suffered an injury because of someone else’s carelessness of negligence, you will most likely bring a lawsuit under a legal theory of negligence. To successfully prove negligence, you must first show that the defendant (the wrongdoer) breached his or her duty or standard of care. Under long-established law, there is a duty owed by everyone in society to act reasonably. This applies to all conduct. Accordingly, if you are behind the wheel of a car, you have a duty to drive as a reasonable person would. If you own a home or commercial building, you must reasonably monitor and maintain the premises to minimize the risk of injury to others.

In a lawsuit, it’s the finder of fact (typically the jury) that determines whether the defendant’s conduct complied with or breached the standard of care.

Top-Rated Personal Injury Attorney in Columbia, MD

Attorney Jonathan Scott Smith, a Maryland Super Lawyer, has fought for the rights of injured people in Maryland for more than three decades, including people who have hurt in a motor vehicle accident. Because of his record and reputation for effective representation, he has been awarded 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 litigation attorney from AVVO, and has also built an outstanding reputation with his colleagues in the legal profession, earning an AV-rating under Martindale-Hubbell’s Peer Review Rating System. Smith was also recognized as a 2012 Top Rated Lawyer by The American Lawyer Magazine and Martindale-Hubbell.

Baltimore County, Maryland, Motor Vehicle Accident Lawyer

If you have been hurt in a car or truck accident, we can help. Contact us 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.

Bicyclist Dies in Hit and Run Accident

Bicyclist Dies in Hit and Run AccidentPolice are still looking for the driver of a vehicle that struck a bicyclist in Towson on Monday night. The 20-year-old victim was riding his bicycle at approximately 10:30 pm in the 6200 block of Charles Street, when witnesses say he was struck from behind by a motorist, who did not stop. The man was then hit by a second car. The driver of that vehicle stayed on the scene.

Ellicott City, MD Personal Injury Lawyer

Maryland Super Lawyer Jonathan Scott Smith has aggressively represented personal injury victims in Maryland for more than 30 years, including people who have been hurt in a motor vehicle accident. He understands the impact a personal injury can have on every aspect of your life and will work hard to get full and fair compensation for all your losses.

Because of his record and reputation, he has been a multiple recipient of 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 litigation attorney from AVVO, and is also respected by his colleagues in the legal profession, who have given him an AV-rating under Martindale-Hubbell’s Peer Review Rating System. Smith was also recognized as a 2012 Top Rated Lawyer by The American Lawyer Magazine and Martindale-Hubbell.

Top-Rated Maryland Motor Vehicle Accident Lawyer

We offer full service legal counsel to anyone who has been hurt in a car, truck or motorcycle accident. 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.

Snapchat Faces Lawsuits Over Filters

accident using mobile

Snapchat is a popular application for smart phones, a social networking app that allows you to communicate with messages that disappear shortly after you post them. The app also has filters you can use…one of them determines the speed at which you are traveling and superimposes it on any image you send. The app also allows you to win a “trophy” if you use certain features, such as the “speedometer” filter. This, of course, can be an incentive to drive while distracted, to take a “selfie” while you’re behind the wheel, so that you can get the trophy.

Snapchat has already been implicated in a number of motor vehicle accident claims, from the death of three people in Philadelphia in December, 2016 (the driver was allegedly on Snapchat at the time of the accident) to a woman who crashed (and videotaped the accident) while going 110 miles per hour.

Ellicott City, MD Personal Injury Lawyer

Maryland Super Lawyer Jonathan Scott Smith has aggressively represented personal injury victims in Maryland for more than 30 years, including people who have been hurt in a motor vehicle accident. He understands the impact a personal injury can have on every aspect of your life and will work hard to get full and fair compensation for all your losses.

Because of his record and reputation, he has been a multiple recipient of 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 litigation attorney from AVVO, and is also respected by his colleagues in the legal profession, who have given him an AV-rating under Martindale-Hubbell’s Peer Review Rating System. Smith was also recognized as a 2012 Top Rated Lawyer by The American Lawyer Magazine and Martindale-Hubbell.

Top-Rated Maryland Motor Vehicle Accident Lawyer

We offer full service legal counsel to anyone who has been hurt in a car, truck or motorcycle accident. 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.

Howard County Personal Injury Lawyer — Tips on What to Do After a Car Accident

When you are involved in a car accident in Maryland, it is vital that you gather as much information as possible in order to prove your case. Usually when people get in an accident the last thing on their mind is exchanging information or documenting what occurred. However, if you take a few simple steps right after the accident, it can greatly affect the outcome of your case.

As nerve – wracking as your accident may be, if you can keep a cool head and remain focused you can do a lot to help your case. So, after your accident take the following steps:

  • Exchange contact and insurance information with all involved parties and witnesses
  • Obtain a copy of the police report
  • Get photographs of:
    • Your injuries
    • Damage to the vehicles
    • Multiple angles of the accident scene
    • Road and weather conditions
    • Working and nonworking street signals/lights
  • See a doctor, get a medical report of your condition, and keep records of:
    • Hospital visits
    • Lab and prescription costs
    • Other treatments
    • X-rays
  • Keep and maintain a file recording:
    • Lost work because of the accident
    • A letter from your employer verifying lost work/wages
    • Photographs of your injuries over time
    • Any written witness statements
    • Physical discomfort experienced
    • Repair estimates/costs for damages to your car
    • Out-of-pocket expenses related to your car accident

Talk to a Maryland car accident attorney about your case

An experienced Maryland car accident attorney can answer your questions and help you determine the legal options available in your case. Contact Jonathan Scott Smith online or call 410-740-0101 to schedule a free consultation today.

How to Evaluate a Car Accident Claim

Typically in a car accident case, the negligent party’s insurance company pays the claims for any injuries or damages. In order to evaluate what your car accident claim may be worth, viewing it as an insurance company does can be helpful.

As a general rule, an insurance company considers the types and cost of damages and the percentage of fault among the parties to determine settlement amounts. The types of damages an insurance company pays for include:

Medical expenses/costs. Medical expenses are a large factor in calculating damage awards, and keeping accurate records of these costs is important to your claim. These costs must be directly related to your injury and can include costs for:

  • Emergency room visits
  • Hospital stays
  • Doctor visits
  • Physical rehabilitation
  • Medication
  • Necessary medical devices

Lost wages. If your injuries cause you to lose work, you may be entitled to recover lost wages.

Loss of earning capacity. If your injuries have reduced your ability to earn an income, you may be entitled to further compensation.

Pain and suffering. Depending on the type of injury, its seriousness, and how long your pain is expected to continue, you may receive compensation for pain and suffering.

Mental anguish. You may also be compensated for mental or emotional distress caused by the accident or your injuries.

Property damage. You may be entitled to recover the value of any property damage and/or have your vehicle repaired.

Insurance companies zealously defend their insured against claims and can be stingy when determining awards. However, claimants with injuries are generally compensated for any costs and losses caused by the car accident. Your Maryland car accident attorney can usually give you a general idea of what your case is worth after reviewing its details. If you or a loved one has been injured in a car accident contact Jonathan Scott Smith online or call 410-740-0101 to schedule a free consultation today.

Building a Roadside Emergency Kit

Unfortunately, many people hit the road in their vehicles without making provisions for an emergency. And chances are the emergency, when it comes, happens late at night on a lonely stretch of highway.

More and more Americans commute, sometimes long distances on a regular basis, and having a roadside emergency kit can do a lot to get you back on the road and headed for home. Regardless of how much or how little you drive, every vehicle should carry an emergency kit, but unfortunately most don’t. To build your own emergency roadside kit, some of the basic items you should include are:

  • 12-foot jumper cables
  • Four roadside flares
  • Motor oil
  • Antifreeze
  • First aid kit
  • Blanket
  • Extra fuses
  • Flashlight with extra batteries
  • Tire inflator
  • Rags or paper towels
  • Duct tape
  • Spray bottle of windshield fluid
  • Pocketknife
  • Ice scraper
  • Pen and paper
  • Help sign
  • Energy bars or MREs
  • Bottled water

Some companies offer a premade emergency roadside kit and, while they contain some basics in a nice carrier, you should consider adding to this with at least some of the items listed above if they are not already included.

Since you are putting the kit together to use in the event of an emergency, it is a good idea to test items and learn how to use them properly beforehand.

After an accident, contact an experienced Maryland car accident attorney

Roadside emergency kits can be especially helpful if you are involved in a motor vehicle accident. However, it is wise to also consult an experienced Maryland car accident attorney after an accident. Contact Jonathan Scott Smith online or call 410-740-0101 to discuss your car accident.

ADDRESS :

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

  • Call for consultation 410-740-0101