In Maryland, an injury caused by another person is called an accident, but it could result in a personal injury claim. A personal injury claim is a lawsuit filed in Reisterstown to collect damages. “Damages” is a legal term that describes the accident-related expenses you incurred because of an accident caused by other person or entity. If you were injured in an accident, this is what you need to know about a personal injury.
Negligence Makes a Person Liable for Injuring You.
“Negligence” is another legal term with a complicated definition. It means a reasonable person in the same and/or similar situation would have done things differently to avoid injuring you. Maryland personal injury law applies this reasonable person standard to compare determine if the other person was liable in causing your accident. If the person did not do what a reasonable person would have done in the same situation, then they are liable for your accident.
How to Prove Negligence in a Maryland Personal Injury Claim.
Proving negligence is more complicated because than understanding it definition. It has elements, or details, that must be proven. These elements aren’t in the definition. They consist of the following:
- Duty: Duty is the legal responsible a person has to avoid causing an accident that harms another person. This means the person who caused your accident had a responsibility to protect you from harm.
2. Breach of Duty: The second thing you must prove is that the person who caused your accident breached that legal duty to protect you from harm. This doesn’t mean they caused your injuries. It means they didn’t protect you from harm.
3. Cause: Cause is the action that led to a victim’s injuries. This means that the person’s action or inaction caused your injury such as failing to stop at a stop sign or running a red light.
4. Damages: Damages you can obtain when you successfully prove the three elements above include medical bills, vehicle damage, loss wages and pain and suffering.
Possible Settlement in a Personal Injury Claim.
A personal injury settlement does not require you to prove the four elements to obtain damages. A settlement occurs outside of court. It occurs when the at-fault party pays a victim a series of payments or lump sum of money to avoid going to court. In exchange for the money, the victim gives up all rights to sue in the future for the injury they suffered.
For example, if you were injured in a car accident. The at-fault party’s insurance company offers you a settlement. If you take that settlement offer and it does not cover all of your accident-related expenses, you cannot go back to court. You are responsible for the rest of the expenses.
Settlement offers are tricky and require a personal injury lawyer Reisterstown MD will be vital in settlement negotiations. They will be able to tell you whether you are getting a fair settlement offer. If it is not a fair settlement, your personal injury lawyer will negotiate a fair settlement on your behalf.