Winning a Personal Injury Claim—Part Three—The Requirement of Actual Losses

A person getting injured

In the first two parts of this series, we looked at the initial requirements in a personal injury claim based on negligence—you must show that the defendant failed to meet (or breached) the standard of care that a reasonable person would in similar circumstances; and you must show that the breach of care caused an accident that involved you. However, you may be able to prove both of those elements, but still fail in an attempt to recover damages, because you must also show that you suffered some actual loss.

To understand actual loss, it’s necessary to examine the purpose of a personal injury lawsuit—essentially, to put the injured person in the same position they were in before the accident. The “damage” award, then, is designed to compensate the injured party for past, present and future losses. If you can’t show any such loss—you were in a car accident caused by someone else’s negligence, but you didn’t miss any work, didn’t incur any medical expenses, did not experience any pain or suffering, and had no damage to your vehicle (you were a passenger in another vehicle, perhaps)—you don’t have anything for which you need to be compensated.

In addition, if you had losses, but they were all covered by insurance, you won’t have a claim, though the insurance company may.

Columbia, MD Personal Injury Lawyer

Maryland Super Lawyer Jonathan Scott Smith has aggressively represented personal injury victims throughout Maryland for more than three decades. He understands the impact a personal injury can have on every aspect of your life, so he’ll work hard to get full and fair compensation for all your losses.

Attorney Smith has been honored as a Top-Rated Lawyer by The American Lawyer Magazine. He’s a multiple recipient of the Client’s Choice Award from AVVO, based on an average client review of 5 stars (the highest rating possible), has a perfect 10.0 Superb rating as a litigation attorney from AVVO, and has been named a Maryland Super Lawyer. He’s also AV-rated by his colleagues in the legal profession under Martindale-Hubbell’s Peer Review Rating System.

Top-Rated Baltimore County Accident Injury Lawyer

We offer full service legal counsel to anyone who has suffered a needless injury because of the careless or negligent acts of others. Contact us by e-mail 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.

Common Causes of Truck Accidents

Overturned Truck

Factors Most Likely to Cause or Contribute to Commercial Trucking Crashes

The number of big commercial trucks—semis, tractor-trailers, 18-wheelers and big rigs—on the nation’s roadways continues to rise. Industry officials say as m any as two million tractor-trailers are on American highways every day. In 2016, there were nearly 500,000 police-reported crashes involving large commercial trucks. Unfortunately, when a big rig collides with any other type of vehicle, the consequences are often serious and catastrophic.

According to statistics gathered by the National Highway Traffic Safety Administration (NHTSA), the most common causes of major truck accidents include:
• Driver fatigue—Most commercial truck drivers are paid by the mile, so there’s an incentive to spend a lot of time behind the wheel. While there are state and federal regulations limiting time on the road, they are often ignored or disregarded.
• Lack of experience—It takes skill to safely operate an 18-wheeler—unfortunately, too many companies put too many drivers on the road without the requisite experience or training. In addition, veteran drivers can face challenges if they travel on new roads.
• Loading errors—Trucks may be overloaded or may not have loads accurately distributed in a trailer
• Truck maintenance—Drivers are also required to keep maintenance logs and perform regular maintenance, but that can often be neglected as too expensive or time-consuming
• Distracted driving—There are all types of distractions to take a truck driver’s eyes off the road—handheld devices, stereos, roadside attractions.

Results-Oriented Baltimore, Maryland Personal Injury Attorney

Attorney Jonathan Scott Smith, a Maryland Super Lawyer, has protected the rights of personal injury victims in Maryland for over 30 years, including individuals who have been hurt in truck accidents. Because of his impressive record of obtaining positive results for his clients, Attorney Smith has received 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 litigator from AVVO, and has also earned an AV-rating under Martindale-Hubbell’s Peer Review Rating System, the highest rating possible. He’s a Maryland Super Lawyer and was also recognized as a 2012 Top Rated Lawyer by The American Lawyer Magazine.

Proven Ellicott City Personal Injury Lawyer

If you have suffered needless injury because of the carelessness or negligence of another person, let us 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.

Winning a Personal Injury Claim—Part Two

Personal-Injury

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

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

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

Ellicott City, MD Personal Injury Lawyer

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

Smith has been honored as a Top-Rated Lawyer by The American Lawyer Magazine and Martindale-Hubbell. He’s a multiple recipient of the Client’s Choice Award from AVVO, based on an average client review of 5 stars (the highest rating possible) and has a perfect 10.0 Superb rating as a litigation attorney from AVVO. As an indication of the respect by which he is held by his colleagues in the legal profession, he’s AV-rated under Martindale-Hubbell’s Peer Review Rating System.

Top-Rated Maryland Accident Injury Lawyer

We offer full service legal counsel to anyone who has suffered a needless injury because of the careless or negligent acts of others. Contact us by e-mail [link to Contact Us page] or call us at 410-740-0101 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.

Arkansas Youth Making Strides in Recovery at Baltimore Hospital

Teen Suffered Severe Spinal Cord Injury in Swimming Accident

Recovery-at-Baltimore-Hospital

A star high school athlete from Pottsville, Arkansas, is making great progress in his recovery from a broken neck, according to officials at Baltimore’s Kennedy Krieger Institute. Drake Maness, the starter center for the Pottsville Apaches, suffered the injury on June 15 while diving at a swimming pool. He was originally being treated at Arkansas Children’s Hospital, in Little Rock, but was transferred to Kennedy Krieger because of the Institute’s national reputation for treating individuals with similar injuries.

Originally without feeling in his lower extremities, Maness is now able to walk. He recently took 900 steps in a single rehab session. Doctors say he’s had some difficulties with obstructions in his airway, but he’s off a ventilator and making steady progress.

Results-Oriented Columbia, Maryland Personal Injury Attorney

Attorney Jonathan Scott Smith, a Maryland Super Lawyer, has fought for the rights of personal injury victims in Maryland for over 30 years, including individuals who have been hurt in swimming pool accidents. As a result of his longstanding record of obtaining positive results for his clients, Attorney Smith has received 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 litigator from AVVO, and has also earned an AV-rating under Martindale-Hubbell’s Peer Review Rating System, the highest rating possible. Attorney Smith was also recognized as a 2012 Top Rated Lawyer by The American Lawyer Magazine and Martindale-Hubbell.

Baltimore, Maryland, Personal Injury Lawyer

If you have been hurt because of the carelessness or negligence of another person, 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.

The Fatal Four—Most Common Types of Accidents on Construction Sites

Accidents-on-Construction-Sites

It’s no secret that working in construction, whether it’s single family home or high-rise building projects, is one of the most dangerous occupations in the world. Though there are many different types of risks, statistics show that the majority of fatalities on construction sites stem from four types of accidents:

  • Falls from heights—This is far and away the most likely causes of death on a construction site, with more than a third (36%) of construction site deaths resulting from falls. This includes falls from roofs, upper levels of high-rise construction, ladders and scaffolding, as well as cranes and other devices.
  • Falling objects—Studies show that about one in ten construction site deaths are caused by falling objects, including building materials, tools, debris and even other workers.
  • Exposure to live electrical current—Approximately the same number of workers died from electrocution. OSHA records indicate that the causes include contact with overhead power lines by ladders, scaffolding or equipment, as well as direct contact with live wires.
  • Caught-between accidents—About two percent of construction site fatalities involved workers who were crushed between two objects, such as heavy equipment or machinery, construction materials or debris.

Columbia, MD Personal Injury Lawyer

Maryland Super Lawyer Jonathan Scott Smith has tenaciously advocated for personal injury victims across Maryland for more than 30 years. He knows that a personal injury can affect every aspect of your life, so he works hard to get full and fair compensation for all your losses.

Smith has been honored as a Top-Rated Lawyer by The American Lawyer Magazine and Martindale-Hubbell. He’s a multiple recipient of the Client’s Choice Award from AVVO, based on an average client review of 5 stars (the highest rating possible) and has a perfect 10.0 Superb rating as a litigation attorney from AVVO. As an indication of the respect by which he is held by his colleagues in the legal profession, he’s AV-rated under Martindale-Hubbell’s Peer Review Rating System.

Top-Rated Maryland Accident Injury Lawyer

We offer comprehensive legal representation to people who have suffered injury because of the carelessness or negligence of others. 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.

Maryland High Court to Review Physician Liability Standard

Baltimore County Circuit Court Decision under Appeal

Review-Physician-Liability-Standard

As the law of personal injury has evolved, particularly with respect to medical professionals, a distinction has long been in place between the duty of care expected of ordinary citizens and the duty of care expected of physicians and nurses. In personal injury cases in general, there’s a duty imposed on the defendant to use a reasonable standard of care. When the defendant is a medical professional in the course of his or her duties, though, the standard has long been higher—that of a reasonably competent physician with similar training and experience, practicing in the same location. That may all be about to change.

In a trial in Baltimore County Circuit Court, attorneys for an injured man asked the judge to instruct the jury to consider what a lay person would deem reasonable, thereby applying the general standard in a medical malpractice claim. The jury returned a verdict for the injured party and that decision was appealed. The appellate court concluded that the instruction was improper and ordered the case retried. That decision is now before the Maryland Supreme Court.

Advocates for the lower court’s decision say the standards for doctor’s are unnecessarily high, allowing them to be careless without consequence. Opponents argue that lowering the standard of care would result in a substantial increase in the number of meritless claims against physicians.

Results-Oriented Baltimore, Maryland Personal Injury Attorney

Attorney Jonathan Scott Smith, a Maryland Super Lawyer, has aggressively protected the rights of personal injury victims in Maryland for over three decades. As a testament to his ability to get positive results for his clients, Attorney Smith has received the 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 as a litigator from AVVO, and has also received an AV-rating from his colleagues in the legal community under Martindale-Hubbell’s Peer Review Rating System. Attorney Smith was also recognized as a 2012 Top Rated Lawyer by The American Lawyer Magazine and Martindale-Hubbell.

Anne Arundel County, Maryland, Personal Injury Lawyer

If you have been hurt because of the carelessness or negligence of another person, 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.

Winning a Personal Injury Claim—Part One

Injury Claim—Part One

If you’ve been injured because of the actions of another person, you may have a right to bring legal action to recover for your losses. In most instances, such a lawsuit will be based on a legal theory of negligence. To successfully argue a negligence claim, you need to prove three things:

  • That the defendant (person whose actions caused your injury) failed to act reasonably under the circumstances
  • That the accident occurred because of the defendant’s breach (failure to act reasonably) of the duty of care
  • That you suffered actual injury in the accident

As a general rule, all persons in society are expected to act as a reasonable person would in the same situation. There’s no specific legal rule or standard—it’s determined on a case-by-case basis, typically by the jury.

Ellicott City, MD Personal Injury Lawyer

Maryland Super Lawyer Jonathan Scott Smith has protected the rights of personal injury victims in Maryland for more than 30 years. 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.

Smith has been recognized as a Top-Rated Lawyer by The American Lawyer Magazine and Martindale-Hubbell. 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 also 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.

Top-Rated Maryland Motor Vehicle Accident Lawyer

We offer full service legal counsel to anyone who has suffered a needless injury because of the careless or negligent acts of others. Contact us by e-mail 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.

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.

ADDRESS :

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

  • Call for consultation 410-740-0101