Common Mistakes Made in Personal Injury Cases
Our personal injury lawyer Towson, MD relies on is aware that 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 Towson, MD victims seek assistance from.
Our personal injury lawyer Towson MD knows from Greenberg Law Offices explains some of the most common mistakes individuals make after suffering a serious injury as the result 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 Towson, MD clients depend on 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 Towson, MD respects 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 Towson, MD victims seek assistance from 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 Towson, MD victims access for support to learn more about how the deadline will affect your claim.
Thinking That You Don’t Need a Personal Injury Lawyer
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.
Monetary 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.
Your personal injury lawyer Towson, MD relies on shares that, those who paid for any medical expenses from the injuries or eventual death of their loved one 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 personal injury lawyer Towson, MD families need 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
A personal injury lawyer Towson, MD turns to will share that the court is likely to consider the circumstances of the dependents and distributees when making a decision. 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 Towson, MD families are in need of to determine 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 Towson, MD clients praise 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 at Greenberg Law Offices.
Recovering Damages from a DUI Driver after the Loss of a Loved One
Our personal injury lawyer Towson, MD recommends shares that there are a number of dangers when a person drives under the influence. Unfortunately, despite the many public advocacy programs intended to inform drivers about the dangers of driving DUI; many still get behind the wheel while under the influence. The people who are not dissuaded from drinking alcohol or taking drugs prior to driving are all too often responsible for causing injuries and deaths among passengers and other drivers. If your loved one was killed in this way, the driver may be charged with one or more crimes, but that may bring little solace to your family. It will certainly not reimburse you for the damages that may be attributed to your loss. Though the DUI driver’s insurance company may compensate your family, they may not offer much in the way of a settlement. This is where hiring a personal injury lawyer Towson, MD relies on at Greenberg Law Offices can be invaluable. Our legal team can focus on obtaining justice for grieving family members and work towards obtaining a fair settlement from the person responsible for your loss. Get the support you need today from by calling Greenberg Law Offices today.
A Criminal Trial is Not the Same as a Civil Trial
In the U.S. judicial system, criminal trials are reserved for individuals who were arrested for a crime and are tried by a prosecutor in a courtroom. Civil trials are reserved for citizens who wish to obtain financial relief from another individual, a company, or a government agency who significantly harmed them. Our personal injury lawyer Towson, MD depends on shares that, in the example of a DUI driver, that individual may be charged with DUI and tried in a criminal court. In addition, they may be sued in civil court by the family of someone who was killed by the driver’s negligent actions. In other words, the two types of legal actions are not the same, and they are independent of one another.
Before a family can sue someone who should be held responsible for the death of their loved one, the case must meet certain legal standards in order to be considered valid. Our personal injury lawyer Towson, MD knows wills stresses that it’s important to note that a conviction of the DUI charge is not necessary. However, it may be helpful in persuading jury members to recognize the truth of what happened.
Most personal injury lawyers will carefully review a prospective client’s case before committing to representing them. If your family lost a loved one to a negligent driver, contact a personal injury lawyer Towson, Maryland families trust for a consultation. Most lawyers in circumstances like this will not charge for the first consultation.
The nature of a family’s damages resulting from the death of their loved one by a driver who was under the influence will vary from one case to the next. Our personal injury lawyer Towson, MD turns to can help you determine which of your damages are compensable by the at-fault driver. Common examples of damages that are recovered by families in the wake of losing a loved one in a DUI accident include:
- Medical expenses for treating their deceased loved one
- Funeral expenses
- Psychological counseling for the survivors
- Financial support for the survivors
If you have lost a loved one in an accident caused by a DUI motorist, contact Greenberg Law Offices as soon as possible. We will provide you with a personal injury lawyer Towson, MD families are in need of to learn more about your legal options.
Your Frequently Asked Personal Injury Questions
If you were injured in an accident, speak with a Towson, MD personal injury lawyer. You may be entitled to compensation. Here are some frequently asked questions and answers about personal injury lawyers.
What is the role of a personal injury lawyer?
A personal injury lawyer specializes in legal matters related to individuals who have suffered harm or injury due to the negligence of others. Their primary role is to advocate for the rights of the injured party and seek compensation for their losses.
When should I consider hiring a personal injury lawyer?
If you have sustained injuries in an accident caused by someone else’s negligence, it’s advisable to consult a personal injury lawyer. This includes situations such as car accidents, slip and falls, workplace injuries, or any incident where someone else’s actions led to your harm.
How do you determine if I have a valid case?
Personal injury lawyers evaluate the circumstances of the incident to determine liability. They assess factors such as negligence, causation, and damages to establish the validity of a case. If there is evidence that another party’s negligence led to your injury, you likely have a valid claim.
What types of cases do you handle?
A Towson personal injury lawyer can handle a wide range of cases, including but not limited to car accidents, slip and falls, medical malpractice, product liability, workplace injuries, and wrongful death. They are equipped to handle cases where negligence or intentional misconduct caused harm.
How do you handle insurance claims?
Personal injury lawyers are experienced in dealing with insurance companies. They can help you navigate the claims process, ensuring that you provide the necessary documentation and evidence to support your case. Additionally, they negotiate with insurance adjusters to secure fair compensation.
What compensation can I receive?
In a personal injury case, you can seek compensation for various damages, including medical expenses, lost wages, pain and suffering, emotional distress, and property damage. A personal injury lawyer can assess your case to determine the appropriate damages to pursue.
Will my case go to trial, or can it be settled out of court?
While many personal injury cases are resolved through settlements, some may go to trial if a fair agreement cannot be reached. Personal injury lawyers prepare cases for litigation and, if necessary, represent clients in court to seek a favorable outcome.
How long does it take to resolve a case?
The duration of a personal injury case varies based on factors such as the complexity of the case, the extent of injuries, and whether the case goes to trial. Personal injury lawyers work diligently to expedite the process while ensuring a fair resolution.
What are your fees?
Many personal injury lawyers work on a contingency fee basis, meaning they only receive payment if you win your case. The fee is typically a percentage of the settlement amount. This arrangement makes legal representation accessible to individuals who may not be able to afford upfront legal fees.
If you want to file a personal injury claim, contact a Towson personal injury lawyer. At Greenberg Law Offices, we want to help you get justice.