Common Mistakes Made in Personal Injury Cases
Whether it’s from a car accident or slip and fall accident, suffering a personal injury can be devastating. You’re likely in a lot of pain, have high medical bills, and wonder when you’ll be able to return to work. All of that stress can cause you to make mistakes that may harm your chances of getting a fair settlement without the help of a personal injury lawyer in Towson MD.
Our personal injury lawyer in Towson MD from Greenberg Law Offices explains some of the most common mistakes individuals make after suffering a serious injury because of someone’s negligence:
Failing to Talk to Witnesses
After an accident, one of the first things you should do is see if you can locate anyone who witnessed how someone else’s actions caused your injury. Be sure to get their names and contact information. Your personal injury lawyer in Towson MD can include their testimony in your claim. If you are forced to file a lawsuit against the at-fault party, the witnesses can testify in court on your behalf.
Not Taking Pictures
As the old saying goes, a picture is worth a thousand words. If you are physically able to do so, take photos of the accident scene. For example, if you were involved in a car accident, take pictures of the damage to your vehicle, nearby traffic signs, the other vehicles involved in the accident, and any skid marks on the road. If you are unable to take photos, ask a bystander to do it for you. Your personal injury lawyer in Towson MD will need these photos to supplement your injury claim or lawsuit.
Not Getting Prompt Medical Attention
If you were involved in an accident, it’s important to see a doctor as soon as possible. Injuries such as whiplash don’t necessarily present symptoms until days or weeks after an accident. A doctor can determine the extent of your injuries and develop a treatment plan. Don’t put your health in jeopardy by waiting too long to get examined. A delay can also hurt your chances of getting a settlement. The reason for this is that an insurance company may not believe that you’re actually hurt if you waited too long to see a physician and deny your claim. Your personal injury lawyer in Towson MD will need to see your medical records. Also, save all of your treatment and injury related receipts and invoices for your lawyer.
Waiting Too Long to File a Claim
Every state has a statute of limitations for filing a personal injury claim. Some years may give you a deadline of four years to file while others may only give you two. Once that deadline has passed, you will no longer have the right to pursue compensation. That’s why you should file your claim as soon as you can. Talk to a personal injury lawyer in Towson MD to learn more about how the deadline will affect your claim.
Thinking That You Don’t Need a Personal Injury Lawyer in Towson MD
Even if your case seems pretty straightforward, you don’t want to handle it on your own. Complications can arise during the process that you may not know how to deal with on your own. An experienced personal injury lawyer in Towson MD can build a strong case on your behalf as well as negotiate with insurance companies and protect your rights.
A Personal Injury Lawyer Towson MD Residents Trust Explains Pecuniary Losses in Wrongful Death Suits
The main way courts determine how much should be awarded in damages in a Maryland wrongful death case are pecuniary injuries or financial injuries. As a personal injury lawyer can explain, pecuniary injuries are financial losses suffered by living relatives or persons following the death of the decedent.
Financial losses obtained by family members or close friends that resulted from the wrongful death of a loved one may include a loss of services, support, loss of inheritance, or medical and funeral expenses. Damages awarded are meant to be fair compensation for any financial losses that resulted from the decedent’s death.
Those that paid for any medical expenses that were a direct result of the wrongful injuries that eventually resulted in death may be able to recover these expenses due to pecuniary losses. If one paid for the funeral expenses of the decedent, whose death was the direct result of negligence of another party (wrongful death), then those persons may have a claim to pecuniary loss as well.
Damages that are awarded to any persons claiming pecuniary injuries also includes interest from the date the decedent passed away. Your Maryland personal injury lawyer will present and the courts will take all of these pecuniary injuries into consideration before awarding final damages.
How Maryland Courts Determine Pecuniary Losses
Determining the damages awarded after pecuniary loss may be more complicated than one might think; there are many variables that are taken into the court’s consideration following the wrongful death of a person. Damages are mainly awarded by the court’s determination of the circumstances of the decedent when he or she passed away. Some circumstances of the decedent that may be taken into consideration are:
- Life expectancy and overall health
- Age of the decedent
- Ability to maintain a job and yearly income
- Expected earning capacity
- Potential future earnings
- Earnings at the time of death
Other things that may be taken into consideration in the court’s decision to award damages for pecuniary loss may be the circumstances of the dependants and distributees. For example, if a parent was killed, then the children, or dependents of the decedent, may receive a loss of guidance from the parent and a loss of income. The actual pecuniary loss and the damages that should be awarded may be difficult and complicated for the court to determine, as pecuniary loss strictly refers to financial loss.
The Jury’s Decision to Award Damages
In a wrongful death case, the jury hears the evidence presented by your personal injury lawyer and determines the amount of damages that should be awarded. However, the courts are the final say on the damages awarded and may reduce or increase the award for various reasons.
The Maryland court may award more if the decedent was currently unemployed, but had worked previously and had substantial average earnings. In this case, the plaintiff’s personal injury lawyer must show evidence of the average earnings of the decedent. Otherwise, a new trial may be conducted, which may result in a longer financial recovery period for the plaintiff.
The court may reduce the award the jury granted if the decedent had a low income, but was young and had children. The jury’s decision is often times more emotionally inclined than that of the court, and although it may seem harsh to reduce the awards in this circumstance, there must be proof of the actual pecuniary losses for a just compensation to be awarded. If you would like more information about wrongful death lawsuits, contact a personal injury lawyer Towson MD clients recommend.