Ellicott City is one of the largest cities in the state. Of 528 cities in Maryland, Ellicott City is the seventh densest by population at roughly 75,000 people. Of course, the more people in a given city, the higher the chances for negligent conduct. Our Ellicott City personal injury lawyers have practiced personal injury law in Maryland since 1954. With our original office still standing in Washington, D.C., we have recently opened a second office in Maryland. This will allow us to continue to serve the people of Maryland now with an even greater focus.
Our Ellicott City personal injury lawyers have handled over 10,000 injury cases in Washington, D.C., and Maryland. This breadth of experience in all types of injury cases lends itself to having a thorough understanding and expectation for any conceivable personal injury case we encounter. Also, our well-trained staff act quickly and with empathy as they work behind the scenes on your case.
A personal injury case involves personal injuries to you, the plaintiff, caused by a third party. Most people may think of negligence when they consider an individual injury case. However, it can be any of the seven intentional torts and other causes of action available at our disposal. A negligence claim involves a deviation from the standard of care owed to the plaintiff. Then, that breach must be the cause of the plaintiff’s injuries. But a personal injury lawsuit can also be for an assault or battery. For example, if a tortfeasor is in a bar and batters you, the victim, and the plaintiff, you likely have a viable personal injury case.
Generally, a personal injury case goes through the defendant’s insurance provider. We do this for a few reasons. First, many defendants do not have the cash or assets to cover their case’s damages. This immediately makes going through their insurance preferable anyway. And beyond that, a defendant likely has a contract with an insurer to defend him or her against a civil lawsuit for negligence. But note that most insurance policies do not cover intentional conduct such as assaults or batteries. In such a case, we likely will be left with suing the defendant in their capacity. Again, this means there is less likely to be sufficient funds available to cover your losses. On the other hand, if the defendant is a company and not a person, then sufficient assets will likely be available.
The statute of limitations in Ellicott City is three years for a personal injury claim. Although, there are limited exceptions to this rule that may extend the deadline. However, while those exceptions exist, they are exceedingly unlikely to apply in most personal injury cases. The statute of limitations would extend beyond three years past the accident date if the injury is undetectable and gets discovered later. While simple, it is often inapplicable. For example, you should immediately know you have been injured in a car accident. An exception would be if you are in a coma for some years. In such a case, you would have no way of being aware of your damages.
You have a valid claim if you can prove each element in your respective cause of action. You must prove duty, breach, causation, and damages for negligence. You must prove each element by a preponderance of the evidence. This means that the evidence must be more likely than not to confirm the aspect of the claim. This is a more accessible standard than “beyond a reasonable doubt,” which is the standard for a criminal conviction. Of course, sometimes, you are justified in filing for your claim, and the defendant was negligent, but you simply cannot prove all elements of your claim. Or you cannot prove all damages of your claim. This is an example of when an Ellicott City personal injury lawyer can assist. Our attorneys work with private investigators when necessary to uncover all relevant evidence for your case.
Of course, having a valid claim does not necessarily mean you have a claim worth pursuing. For example, you may have a car accident case where you are in a parking lot, and another driver negligently runs into your vehicle. The catch is that the tortfeasor is driving at 10 miles per hour. In such a case, your pain and suffering will be minor, even if your paint has a scratch. If your overall damages are minimal, you may find it challenging to find a personal injury attorney to take your case. As always, it is worthwhile to consult with an Ellicott City personal injury lawyer for a free consultation on the merit of your case.
The answer is generally no. The only time you should speak with the insurance company is to talk about your property damage claim. We handle your bodily injury claim when you hire an Ellicott City personal injury lawyer. This means we do not handle your property damage claim. This is a good thing for you. We do not handle that aspect because it is a relatively easy and separate claim. So long as liability is not an issue, you are entitled to the market value of your damaged property. Or, if it is something like a motor vehicle, you have a valid claim for the reasonable repair cost.
Regarding your personal injury claim, please speak with the insurance company if we tell you to do so. If we allow such an activity, we will talk to you beforehand to tell you what to expect. Besides that, we will immediately send a letter of representation to all insurers involved in the case. This will allow them to contact you directly.
Evaluating and negotiating your claim is much of our Ellicott City injury lawyers’ work. Before we file suit on your case, we will send a demand letter to the adverse insurance company to initiate the possibility of an amicable resolution. Most of the time, this involves phone conversations discussing the actual value of the case. To understand the damages aspect of a personal injury case, the infographic below breaks down the categories of damages.
Economic damages represent the first two columns of damages. First, all medical treatment causally related by the medical provider to the accident question is compensable under medical expenses or battery in q. The caveat is that it must not be excessive. Of course, for a defense to affirmatively prove that your medical treatment was excessive would be difficult and expensive. The defense would have to hire an expert witness who would have to testify against the medical provider who treated you. At that point, it would be up to the fact finder in the case to decide which testimony to believe.
Regarding lost wages, your doctor must state in the record that you cannot work for a given period. Then, we would like to have a signature from your employer confirming that you missed those days from work. Like medical expenses, this part of the claim is mere compensation. That means you only receive financial compensation in this part of the claim to bring you back to the whole. In other words, you will receive in compensation the money that you should have earned by working but for your injury. Further, you are merely receiving compensation for medical expenses, so you do not have to pay those exorbitant bills out of pocket. And, of course, there is no reason you should have to if you did not cause the accident.
The third column represents noneconomic damages. Excluding the bottom right bubble of punitive damages, noneconomic damages are also intended to compensate you for your injury. However, economic damages are more easily quantifiable. Instead, these damages are more intangible. Of course, if you break your rib, that is tangible proof of an injury. However, placing a dollar amount on a broken rib depends on age, length of healing process, extent of recovery, etc. Thus, this component of your claim requires plenty of negotiation for an agreeable sum.
Ultimately, we can only know precisely what your noneconomic damages are worth once a judge or jury places a dollar amount on it based on the facts of your case. Accordingly, the amount your noneconomic damages are worth will vary from county to county and judge or jury. In Howard County, the juries tend to favor plaintiffs, especially when compared to a jurisdiction such as Washington, D.C. However, other Maryland counties are more favorable, on average. Fortunately, there are ways to get into those venues despite an injury in Ellicott City.
How long it takes to resolve a personal injury case in Ellicott City depends on several factors. Generally, the longest part of a personal injury case is waiting for the plaintiff, you, to complete medical treatment. We can only send a demand letter to the defense team once we know how much your medical expenses cost. And we cannot know the total cost of your medical expenses until you complete treatment. Occasionally, if an injury is severe enough, you will be given a treatment plan that will last indefinitely. In such cases, we can estimate the expenses based on your schedule as prescribed by your medical provider.
Once you complete treatment, a phase of your case which can take anywhere from a couple of months to a couple of years, we can create a demand letter and begin negotiations for an amicable resolution. Unfortunately, insurance companies are slow to process these demands. They typically ask for 30-45 days to evaluate your case. Once that phase passes, negotiation can take a couple of weeks. Insurance companies operate differently than our Ellicott City personal injury lawyers do, and can be challenging to get in contact with. If we cannot amicably resolve your case via settlement, we will file suit on your case in the county most favorable for plaintiffs and your case. Getting to trial can take several months to a year. This long waiting time is a large part of what makes trying to settle your case beforehand worthwhile.
If you are partially at fault for your injury in Ellicott City, Maryland, you are generally unable to prevail in a personal injury case. The reason for this is Maryland is a contributory negligence jurisdiction. This means if you are even 1% negligent in the incident that causes your injury, then you are contributorily negligent. If you are contributorily negligent, you are barred from suing for negligence. Notably, this is an affirmative defense that the defendant’s legal team must raise. Because it is an affirmative defense, the defense team must prove by a preponderance of the evidence that you were negligent, and the jury or fact-finder must come to that conclusion.
Theoretically, we will handle any case in which you are hurt due to someone else’s negligent or intentional conduct. Below is a list of the most frequent injury cases we handle.
Our team of skilled Ellicott City personal injury lawyers can help you make a claim against the tortfeasor for your injuries. Contact our office today for a free consultation if you have a case against a defendant for negligent or intentional conduct.
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