Personal injuries can have physical, mental, emotional, and financial impacts on victims. When these injuries are caused by another person or entity, the decision of whether to pursue legal action for compensation can be daunting. To assist you in this process, we’ve prepared a comprehensive guide for those contemplating a personal injury lawsuit in Maryland.
Your initial step should involve identifying the responsible party for your injuries. Establishing this responsibility generally entails meeting the four elements of negligence: duty of care, breach of duty, causation, and damages. These damages can encompass reimbursement for medical expenses, lost income, and pain and suffering. It’s important to note, however, that your ability to recover may be limited if you are found to have contributed to your injuries. Regardless, it’s crucial to act promptly, as you typically have only a three-year window from the date of your injury to file your lawsuit.
If you are planning to file a personal injury case in Baltimore, you will first need to determine who the defendant (or defendants) will be in your case. The defendant is the person or entity responsible for negligently causing your injuries.
Then, you’ll need to prove your case. These four elements will be necessary to prove your case in court:
Duty of Care
A legal duty of care arises when one party owes a legal responsibility to another. For instance, drivers on public roads owe a duty to other drivers, passengers, cyclists, and pedestrians within their sphere of influence. Property owners, such as retail chains and restaurants, owe a duty to the patrons they invite onto their property.
Breach of Duty
Once you have established the standard of care that you were owed by the defendant, you must also show that the defendant failed to meet that standard of care. This is referred to as “breach of duty” for negligence purposes.
You do not have to point to a specific action to demonstrate breach of duty in a negligence case. You can also use the defendant’s failure to act to show breach.
Causation
If a defendant owed a duty and breached it, they were negligent, but that is not enough to recover in a personal injury case. You must also show that the defendant caused the accident and your resulting injuries.
It is not as easy as it sounds. A Baltimore personal injury lawyer will be able to work with you to help you understand the requirements of the causation element in your particular case.
Damages
“Damages” is the term that lawyers use to describe the actual consequences of your injuries that were caused by another person’s negligence. These are often financial, like medical bills, as well as physical, emotional, and mental. When you file a personal injury lawsuit, you are aiming to recover compensation that reflects the harms you have suffered. .
As a medical and legal referral network, 1-800-Injured connects our clients with experienced professionals who can help them with their unique personal injury needs. Contact us today to move your Baltimore personal injury case forward.