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.

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.

Apple Faces $12 Million for Racial Profiling

checking id

Tech giant Apple, Inc., has been suite in Federal District Court in Maryland by two residents who say they were subjected to racial profiling at an Apple store in Maryland. The plaintiffs allege that they went to the Apple store in Bethesda, Maryland on June 17, 2016 to purchase new cell phones. Following store protocol, they put their names in a queue of customers requiring assistance. They waited until their names were called and then purchased two new iPhones. As they exited the store, they were detained by uniformed Montgomery County Sheriff’s deputies, who tackled them and threw them to the ground, then forced them to sit outside for more than an hour. They allege that the officers told them they had been notified by Apple employees that they looked “suspicious” and had “possibly” been engaged in fraudulent activity. They were subsequently released and never charged with anything.

Top-Rated Columbia, MD Personal Injury Lawyer

Attorney Jonathan Scott Smith, a Maryland Super Lawyer, has fought for the rights of injured people in Maryland for more than three decades, including individuals who have suffered any type of civil rights violation or discrimination. Because of his outstanding record and strong reputation for effective representation, Attorney Smith has been honored with 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 highly regarded by his colleagues in the legal profession, earning 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 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.

Car Bus Accident in Howard County Results in Injuries

Route 40 is one of the busiest roads in Ellicott City and Howard County, Maryland. Route 40 runs east and west, and has numerous car accidents. It is no surprise that many car accidents and collisions occur on Route 40 in Ellicott City.

On February 21, 2012, a car was traveling traveling eastbound on U.S. 40 in Howard County when the vehicle made a left turn toward Pebble Beach Drive in Ellicott City and struck a school bus traveling westbound on U.S. 40, according to news reports. One driver and a passenger were taken to Shock Trauma for treatment. Howard County Police indicated that the bus had a green traffic light and the right of way in the intersection. Howard County car crashes often result in serious injuries and, unfortunately, sometimes even fatalities.

If you or a loved one has sustained injuries in a Howard County car crash, you need an experienced car injury lawyer to fight for you. A personal injury or accident attorney can fight for you to make sure you receive the compensation you deserve.

Personal injury lawyer Jonathan Scott Smith has more than 30 years of experience negotiating with insurance companies after car accidents, truck accidents and motorcycle accidents. When the insurance company won’t budge on its lowball offer, Mr. Smith fights hard for his injured clients in court. He has extensive trial experience and knows what it takes to get successful results. He has achieved some of the highest personal injury verdicts and settlements in his area.

Mr. Smith’s extensive trial experience — and track record of successful Past Results — has earned him the recognition of his peers, with an AV® Preeminent™* Peer Review Rating in the Martindale-Hubbell peer review rating process, and a 10.0 Superb AVVO rating. These are the highest ratings possible for legal skill, ethical practice, lawyer’s years in practice, disciplinary history, professional achievements and industry recognition.

Woman in Critical Condition after Howard County Car Crash

Route 32 and Route 29 are two of the busiest roads in Howard County, Maryland. Route 32 runs east and west, and has numerous car accidents. Route 29 runs north and south, and is a major route through Howard County, from Baltimore County to Montgomery County. Route 32 and Route 29 are two of the busiest commuter roads in Columbia and Howard County. It is no surprise that many car accidents and collisions occur on Route 32 and Route 29.

On February 21, 2012, a car was traveling east on Route 32 near Route 29, when it lost control, struck a guardrail, and then collided with another car travelling on Route 32, according to news reports. One driver was taken to Shock Trauma for treatment. Howard County Police indicated that speed was a contributing factor in the car crash.

Howard County car crashes often result in serious injuries and, unfortunately, sometimes even fatalities.

If you or a loved one has sustained injuries in a Howard County car crash, you need an experienced car injury lawyer to fight for you. A personal injury or accident attorney can fight for you to make sure you receive the compensation you deserve.

Personal injury lawyer Jonathan Scott Smith has more than 30 years of experience negotiating with insurance companies after car accidents, truck accidents and motorcycle accidents. When the insurance company won’t budge on its lowball offer, Mr. Smith fights hard for his injured clients in court. He has extensive trial experience and knows what it takes to get successful results. He has achieved some of the highest personal injury verdicts and settlements in his area.

Mr. Smith’s extensive trial experience — and track record of successful results — has earned him the recognition of his peers, with an AV® Preeminent™* Peer Review Rating in the Martindale-Hubbell peer review rating process, and a 10.0 Superb AVVO rating. These are the highest ratings possible for legal skill, ethical practice, lawyer’s years in practice, disciplinary history, professional achievements and industry recognition.

Motorcycle Accidents — Recovering Compensation

Maryland is a contributory negligence state and the party or parties deemed at fault in a motorcycle accident must pay damages to anyone injured by the accident. If you want to recover compensation for injuries or damages sustained in a motorcycle accident, you must show the other party is liable.

Who caused the accident?

Proving liability or fault for an accident means you must offer proof that the other driver was negligent and, through that negligence, caused the accident in which you sustained injuries and/or damages. Therefore, you have to show that the other driver acted carelessly by:

  • Speeding
  • Being inattentive
  • Tailgating
  • Disobeying traffic lights and/or signs
  • Driving under the influence of alcohol

Because of the contributory negligence law, it is vital that you work with an experienced motorcycle accident attorney who can prove that you did not contribute to the cause of the accident. Even if you are found one percent responsible under Maryland law, you are not entitled to recover compensation from the other driver.

Compensation for motorcycle accidents

If you can successfully show that the other driver was responsible for your accident, you are entitled to recover damages. Depending on the circumstances of your case, you may be entitled to receive compensation for:

  • Property damage — repairs and/or replacement
  • Vehicle rental costs
  • Medical costs and treatments
  • Lost income
  • Pain and suffering
  • Disfigurement
  • Disability

How much you are entitled to recover depends upon the severity of your injuries and losses, and projected recovery time.

If you or a loved has been injured in a motorcycle accident, you need the help of a seasoned personal injury attorney. Contact Jonathan Scott Smith online or call 410-740-0101to schedule a consultation to discuss your case.

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.

Recovering Compensation for Victims of Assault & Battery

If you or a loved one is a victim of an assault, you can file a civil lawsuit against your attacker and/or other responsible parties. Civil cases brought by assault victims are not based upon determining the guilt or innocence of the defendant, but rather are an attempt to determine if an offender or other parties are liable for the injuries that resulted from a crime.

As a victim of crime, you have the right to sue the offender for damages in civil court regardless of the verdict in the criminal proceedings. A personal injury attorney represents victims of crimes in civil cases against offenders and third parties. For instance, if you were assaulted in an office building, the owners and property managers of that building may be liable for your injuries because building security was inadequate.

If the defendants are found liable for your injuries, the court may order the payment of monetary damages to you. Although money cannot fully compensate anyone who has endured the trauma of an assault, it can help crime victims get the medical and psychological treatment they need to rebuild their lives. Civil liability cases can also encourage property owners and business owners to implement more effective security measures to prevent future incidents of assault on their premises.

An assault victim may also request restitution from the criminal court. Restitution is a judgment against a convicted offender, which he or she must pay to the victim. If restitution is ordered, it becomes part of the offender’s sentence in the criminal case.

Talk to a professional

If you have been a victim of assault, contact Jonathan Scott Smith online or call 410-740-0101 to discuss your case.

ADDRESS :

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

  • Call for consultation 410-740-0101