The Most Common Defenses to a Personal Injury Claim

Know the Arguments a Defendant Might Raise against You

Contribute-to-Causing-Your-InjuriesWhen you’re hurt in an accident and file legal action to recover for your losses, there are a number of potential defenses you can anticipate. Knowing what they are can help you and your lawyers effectively prepare your case

  • Comparative negligence—This defense alleges that you contributed, to some degree, to either causing your accident or the extent of your injuries. For example, the defendant may argue that you were exceeding the speed limit or not wearing a seat belt.
  • Assumption of risk—This defense contends that you knew there was a risk of injured before you engaged in a certain activity and therefore voluntarily assumed that risk. For example, when you go to a baseball game, you assume the risk that you might be hit by a foul ball. If you are, you may be unable to recover compensation for your injuries.
  • Pre-existing condition—You might not be able to recover compensation if a defendant’s negligence aggravates a condition you had prior to the accident. The defense is that your injuries are all attributable to the pre-existing condition.
  • Waiver or liability—If you signed a waiver of liability (also known as a “release”), you may have to show that the defendant was grossly negligent or intentionally harmed you in order to recover.
  • Statute of limitations—There’s a time limit for filing a personal injury claim, known as the “statute of limitations.” If the time period expires before you file, you may be without a remedy.

Proven Baltimore Accident and Injury Lawyer

Jonathan Scott Smith has fought for the rights of injured people throughout the Baltimore area and across Maryland for over three decades. A Maryland SuperLawyer, he’s AV-rated (the highest rating) by fellow attorneys under Martindale-Hubbell’s Peer Review Rating System. He’salso been named a Top-Rated Lawyer by The American Lawyer magazine. A successful trial attorney known for getting results, he’s received the 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 litigator.

Experienced Prince George’s County, Maryland, Personal Injury Attorney

If you suffer needless injury in Maryland because of someone else’s carelessness or negligence, Jonathan Scott Smith can help. Send us an e-mail or call our offices 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 George’s County, and Montgomery County in Maryland

Injuries Due to Ice and Snow in Maryland

The Duties of Property Owners to Keep Sidewalks and Thoroughfares Clear

Injuries Due to Ice and Snow in MarylandThough there is no state law mandating the removal of snow or ice from sidewalks in Maryland, many municipalities have their own ordinances requiring property owners to take action:

  • Business owners and homeowners in Prince George’s County face a $100 fine if they fail to remove snow or ice within 48 hours. Howard County has a similar requirement.
  • In Montgomery County, snow and ice must be removed within 24 hours.
  • Baltimore County and the City of Baltimore give residents and business owners 24 to 48 hours. Fines range from $25 to $100.
  • The City of Rockville has a sliding scale, based on the amount of snow—less than three inches must be gone within 24 hours; three to nine inches must be removed within 48 hours; and 10 or more inches must be cleared within 72 hours.

Results-Oriented Maryland Personal Injury Attorney

Jonathan Scott Smith, a Maryland Super Lawyer, has consistently obtained positive results for personal injury victims in the Baltimore metropolitan area and across the state for over 30 years. Attorney Smith holds a 10.0 (Superb) rating as a trial attorney from AVVO, as well as AVVO’s Client’s Choice Award, with an average client review of 5 stars. The American Institute of Personal Injury Attorneys honored him as one of the “10 Best Attorneys in the State of Maryland in Client Satisfaction.”

He is a member of the Million Dollar Advocates Forum, an organization comprised of less than 1% of all American lawyers who have obtained million-dollar judgments, awards or settlements. Smith has been named as one of the top 100 lawyers in Maryland by Super Lawyers and was lauded as a Top-Rated Lawyer by The American Lawyer in 2012.

Smith has been AV-rated (the highest rating possible) by his colleagues in the legal profession every year since 1988 and also has received Martindale-Hubbell’s Client Distinction Award, an award given to less than 4% of all attorneys listed. The National Trial Lawyers Association, a “by invitation only” professional organization, includes him among the state’s top 100 attorneys.

Experienced Baltimore County Personal Injury Accident 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 George’s County and Montgomery County in Maryland.

Dram Shop and Social Host Liability in Maryland

Responsibility for Serving People Who Cause Accident or Injury

Dram Shop and Social Host Liability in MarylandIn many states, when a commercial establishment or a private individual serves alcohol to another person, and that person subsequently causes an accident, the party serving the intoxicating beverages may have liability for injuries suffered. For businesses, the law is known as a “dram shop” act. For private individuals, it’s called”social host liability.”

There are no such laws in Maryland. That does not mean that there are no remedies when a person is injured by someone under the influence of alcohol. It does mean, though, that a commercial establishment or a private individual cannot be sued simply for providing alcohol. If you can show some other type of negligence, you can still bring a personal injury claim. In addition, you can still file a claim against the person who got drunk and caused the accident.

Results-Oriented Columbia, MD Personal Injury Attorney

Maryland Super Lawyer Jonathan Scott Smith has fought for the rights of personal injury victims across the state for more than 30 years. A highly experienced trial attorney, Smith understands the ways a personal injury can change your life, and will aggressively fight to get full and fair compensation for all your losses. He’s a member of the Million Dollar Advocates Forum, an honor given to less than 1% of allAmerican lawyers who have obtained million dollar judgments, awards or settlements. He has the knowledge, skill, experience and resources to successfully argue your claim in court.

The American Institute of Personal Injury Attorneys lists attorney Smith as one of the”10 Best Attorneys in the State of Maryland in Client Satisfaction.” He has been honored among the top 100 lawyers in Maryland by Super Lawyers, and was a Top Rated Lawyer by The American Lawyer Magazine in 2012.

The National Trial Lawyers Association, a “by invitation only” professional organization, has designated Smith as one of the top 100 attorneys in the state of Maryland. He has a 10.0 (Superb rating) as a litigation attorney from AVVO and has also received the Client’s Choice Award from AVVO, with an average client review of 5 stars. He has been AV-rated (the highest rating possible) by his other lawyers under Martindale-Hubbell’s Peer Review Rating System every year since 1988 and has also earned Martindale-Hubbell’s Client Distinction Award, given to less than 4% of all attorneys in that directory.

Top-Rated Carroll County, Maryland Accidental 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.

Baltimore Woman Wins Largest Medical Malpractice Award in U.S. History

Court Upholds $205 Million Verdict

Baltimore Woman Wins Largest Medical Malpractice AwardA Baltimore court has agreed with a jury award granting a Prince George’s County woman $205 million in a personal injury lawsuit based on medical malpractice. The woman’s daughter suffered a brain injury during delivery at Johns Hopkins Bayview Medical Center.

According to attorneys for the plaintiff, she was told by doctors before the child’s birth that the pregnancy could be terminated and that the fetus was not viable. Those assertions turned out to be incorrect. Unfortunately, based on that diagnosis, the woman opted not to have a C-section and medical personnel discontinued fetal monitoring. The child, now five years old, was deprived of oxygen and suffered significant brain damage, resulting in cerebral palsy and a requirement of 24-hour care.

The jury originally returned a verdict of $229 million, but the court lowered it, basedon state of Maryland caps on tort claims. The hospital has indicated that it will appeal the damage award.

Proven Maryland Personal Injury Lawyer

Jonathan Scott Smith, a Maryland Super Lawyer, has successfully represented personal injury victims throughout the state for more than three decades. He is a skilled, experienced and respected trial lawyer with reputation for getting positive results for his clients.

Attorney Smith holds a 10.0 (Superb) rating as a trial attorney from AVVO, as well as AVVO’s Client’s Choice Award, with an average client review of 5 stars. He belongs to the Million Dollar Advocates Forum, where membership is limited to less than 1% of all American lawyers who have obtained million dollar judgments, awards or settlements. Smith has been listed as one of the top 100 lawyers in Maryland by Super Lawyers, and was named a Top Rated Lawyer by The American Lawyer Magazine in 2012. The American Institute of Personal Injury Attorneys honored him as one of the “10 Best Attorneys in the State of Maryland in Client Satisfaction.”

Smith has received an AV-rating (the highest rating possible) from his colleagues in the legal profession every year since 1988 and has also been honored with Martindale-Hubbell’s Client Distinction Award, an award given to less than 4% of all attorneys listed there. The National Trial Lawyers Association, a “by invitation only” professional organization, has included him among the state’s top 100 attorneys.

Experienced Baltimore County Personal Injury Accident 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.

Filing a Lawsuit When You Are Injured as a Passenger on a Motorcycle

Potential Sources of Recovery

Filing a Lawsuit When You Are Injured as a Passenger on a MotorcycleIt’s no secret that a motorcycle is a far more dangerous way to travel than a passenger vehicle. There’s really no protection between you and the road, and the slightest loss of control can bring you down. Often, the accident may not involve another vehicle. What are your options when you suffer needless injury as a passenger on someone else’s motorcycle?

In any situation where you’ve been injured, your best option for financial recovery will generally be under a legal theory of negligence. To prove negligence, you need to show that someone else failed to act reasonably under the circumstances. It doesn’t need to be a driver, either. If you can show that the roadway was poorly maintained, that there was a defective part on the motorcycle, or even that a pedestrian stepped out in front of you, you may have a claim. In addition to showing a breach of the duty to act reasonably, you also have to establish a causal link between the wrongful act and the accident. You’ll also have to show that you suffered actual losses.

Results-Oriented Frederick County Personal Injury Attorney

Super Lawyer Jonathan Scott Smith has fought for the rights of personal injury victims across the state of Maryland for over three decades. Smith is a member of the Million Dollar Advocates Forum, an honor bestowed on less than 1% of all American lawyers who have obtained million dollar judgments, awards or settlements. A highly experienced trial attorney, Smith 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. He has the skill, knowledge, experience and resources to successfully argue your claim in court.

The American Institute of Personal Injury Attorneys has listed attorney Smith as one of the “10 Best Attorneys in the State of Maryland in Client Satisfaction.” He has been included among the top 100 lawyers in Maryland by Super Lawyers, and was a Top Rated Lawyer by The American Lawyer Magazine in 2012.

The National Trial Lawyers Association, a “by invitation only” professional organization, has honored Smith as one of the top 100 attorneys in the state of Maryland. He has a 10.0 (Superb rating) as a litigation attorney from AVVO and has also received the Client’s Choice Award from AVVO, with an average client review of 5 stars. He has been AV-rated (the highest rating possible) by his other lawyers under Martindale-Hubbell’s Peer Review Rating System every year since 1988 and has also earned Martindale-Hubbell’s Client Distinction Award, given to less than 4% of all attorneys in that directory.

Top-Rated Baltimore, MD Accidental 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 File a Wrongful Death Claim in Maryland?

The Different Types of Beneficiaries in an Accidental Death Lawsuit

Who Can File a Wrongful Death Claim in Maryland?In Maryland, as in other states, a party seeking to recover damages in a wrongful death action must be a “real party in interest.” Essentially, that means that the person must qualify under state statute. Maryland identifies two different categories of potential beneficiaries in a wrongful death action:

  • Primary beneficiaries—A surviving spouse, child or parent of the decedent , if alive, may file a claim on behalf of all primary beneficiaries.
  • Secondary beneficiaries—A secondary beneficiary only has a claim if there are no primary beneficiaries, or no primary beneficiaries have brought a claim. Secondary beneficiaries include other relatives, such as siblings, cousins, nephews and nieces and others. A secondary beneficiary may file a claim on behalf of both primary and secondary beneficiaries.

Proven Frederick County Personal Injury Lawyer

Maryland Super Lawyer Jonathan Scott Smith has aggressively protected the rights of personal injury victims across the state of Maryland for over three decades. Attorney Smith is a member of the Million Dollar Advocates Forum, an honor bestowed on less than 1% of all American lawyers who have obtained million dollar judgments, awards or settlements. A highly experienced trial attorney, Smith 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. He has the skill, knowledge, experience and resources to successfully argue your claim in court.

The American Institute of Personal Injury Attorneys has listed him as one of the “10 Best Attorneys in the State of Maryland in Client Satisfaction.” He has been included among the top 100 lawyers in Maryland by Super Lawyers, and was a Top Rated Lawyer by The American Lawyer Magazine in 2012.

The National Trial Lawyers Association, a "by invitation only" professional organization, has honored Smith as one of the top 100 attorneys in the state of Maryland. He has a 10.0 (Superb rating) as a litigation attorney from AVVO and has also received the Client’s Choice Award from AVVO, with an average client review of 5 stars. He has been AV-rated (the highest rating possible) by his other lawyers under Martindale-Hubbell’s Peer Review Rating System every year since 1988 and has also earned Martindale-Hubbell’s Client Distinction Award, given to less than 4% of all attorneys in that directory.

Top-Rated Ellicott City, MD Accidental Death 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.

The Different Legal Claims after an Accidental Death in Maryland

Survival Actions and Wrongful Death Actions

The Different Legal Claims after an Accidental Death in MarylandIn Maryland, when a loved one has died because of the carelessness or negligence of another person, there are two types of legal actions that typically can be filed:

  • A wrongful death lawsuit—A wrongful death action is designed to provide surviving family members—spouse, children and potentially other family members—with compensation for their losses, including support, companionship, guidance and consortium.
  • A survival action—This legal claim is brought by the estate, on behalf of the deceased. Damages available in a survival action include the costs of funeral and burial services, any unreimbursed medical expenses sustained by the deceased, and any pain and suffering endured by the decedent as a result of the accident.

Proven Baltimore, Maryland Wrongful Death Attorney

Jonathan Scott Smith, a Maryland Super Lawyer, has aggressively represented personal injury victims in and around the Baltimore metropolitan area for more than 30 years. He is a skilled, experienced and respected trial lawyer with reputation for getting positive results at trial.

Smith has been AV-rated (the highest rating possible) by his fellow attorneys under Martindale-Hubbell’s Peer Review Rating System every year since 1988 and has also been honored with Martindale-Hubbell’s Client Distinction Award, an award given to less than 4% of all attorneys listed there. The National Trial Lawyers Association, a “by invitation only” professional organization, has named him one of the state’s top 100 attorneys.

Attorney Smith has earned a 10.0 (Superb rating) as a litigation attorney from AVVO, as well as AVVO’s Client’s Choice Award from AVVO, with an average client review of 5 stars. Smith has been named one of the top 100 lawyers in Maryland by Super Lawyers, and was listed as a Top Rated Lawyer by The American Lawyer Magazine in 2012. The American Institute of Personal Injury Attorneys listed him as one of the "10 Best Attorneys in the State of Maryland in Client Satisfaction." He belongs to the Million Dollar Advocates Forum, given to less than 1% of all American lawyers who have obtained million dollar judgments, awards or settlements.

Effective Montgomery Personal Injury Accident Lawyer

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.

Recovering Damages for Misdiagnosis or Failure to Diagnose an Injury or Illness

Failure to Diagnose an InjuryWhen you seek medical treatment because of an accident or concerns about health irregularities, you expect that, at a minimum, your condition won’t get worse because of carelessness or negligence on the part of a medical professional. Unfortunately, it happens far too often. In the haste to push a number of patients through the system, doctors often neglect to take basic, accepted measures to properly diagnose an illness or injury. This can happen in a number of different ways:

  • A doctor may fail to order reasonable tests
  • A physician may incorrectly read or interpret test results
  • Charts may get mixed up or misplaced
  • A doctor may fail to anticipate related conditions

Proven Baltimore County Personal Injury Lawyer

Maryland Super Lawyer Jonathan Scott Smith has aggressively protected the rights of personal injury victims across the state of Maryland for over three decades. Attorney Smith is a member of the Million Dollar Advocates Forum, an honor bestowed on less than 1% of all American lawyers who have obtained million dollar judgments, awards or settlements. A highly experienced trial attorney, Smith 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. He has the skill, knowledge, experience and resources to successfully argue your claim in court.

The American Institute of Personal Injury Attorneys has listed him as one of the “10 Best Attorneys in the State of Maryland in Client Satisfaction.” He has been included among the top 100 lawyers in Maryland by Super Lawyers, and was a Top Rated Lawyer by The American Lawyer Magazine in 2012.

The National Trial Lawyers Association, a “by invitation only” professional organization, has honored Smith as one of the top 100 attorneys in the state of Maryland. He has a 10.0 (Superb rating) as a litigation attorney from AVVO and has also received the Client’s Choice Award from AVVO, with an average client review of 5 stars. He has been AV-rated (the highest rating possible) by his other lawyers under Martindale-Hubbell’s Peer Review Rating System every year since 1988 and has also earned Martindale-Hubbell’s Client Distinction Award, given to less than 4% of all attorneys in that directory.

Top-Rated Columbia, 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.

Maryland Law Requires Tamper-Resistant Smoke Alarms in Apartments

Smoke Alarm Must Be Sealed—Landlord Can Be Cited, Fined or Even Incarcerated

Smoke Alarms in ApartmentsUnder the Maryland Smoke Alarm Law, enacted in 2013, Maryland homeowners, including landlords, must install tamper-resistant smoke alarms. The required alarms have a sealed 10-year battery that cannot be removed. The alarms have a temporary hush button to allow them to be reset after a non-emergency alarm, such as cooking steam or smoke. A building owner or even a tenant in an apartment may be charged with a misdemeanor for failure to have the proper alarm installed. Penalties include 10 days in jail and a potential fine of $1,000.

Landlords and residents can also be civilly liable for any injuries suffered in a fire, should a home or apartment not have the required smoke alarm.

Proven Carroll County, Maryland Accidental Injury Attorney

Jonathan Scott Smith, a Maryland Super Lawyer, has aggressively represented personal injury victims in and around the Baltimore metropolitan area for more than 30 years. He is a skilled, experienced and respected trial lawyer with reputation for getting positive results at trial.

Smith has been AV-rated (the highest rating possible) by his fellow attorneys under Martindale-Hubbell’s Peer Review Rating System every year since 1988 and has also been honored with Martindale-Hubbell’s Client Distinction Award, an award given to less than 4% of all attorneys listed there. The National Trial Lawyers Association, a “by invitation only” professional organization, has named him one of the state’s top 100 attorneys.

Attorney Smith has earned a 10.0 (Superb rating) as a litigation attorney from AVVO, as well as AVVO’s Client’s Choice Award from AVVO, with an average client review of 5 stars. Smith has been named one of the top 100 lawyers in Maryland by Super Lawyers, and was listed as a Top Rated Lawyer by The American Lawyer Magazine in 2012. The American Institute of Personal Injury Attorneys listed him as one of the “10 Best Attorneys in the State of Maryland in Client Satisfaction.” He belongs to the Million Dollar Advocates Forum, given to less than 1% of all American lawyers who have obtained million dollar judgments, awards or settlements.

Effective Ellicott City Personal Injury Accident Lawyer

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.

ADDRESS :

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

  • Call for consultation 410-740-0101