Gelb & Gelb, P.C.
N/aCopyright © 2023 Gelb & Gelb, P.C. All rights reserved.
Our personal injury lawyers have been practicing law in Frederick, Maryland for nearly 70 years. We handle nearly every case which results in injury to you, the plaintiff. The injury may result from negligence, recklessness, or intentional conduct. Of course, with each of these three standards of conduct, there are different implications on insurance policies and ultimate recovery.
Our goal when representing our clients is to provide the best legal representation in Maryland. This includes, not just a thorough understanding of Maryland tort law and civil procedure, but compassionate support of our clients. We understand that, when you are injured, it can be a substantial impairment on your daily life. Your car or truck may be undergoing repair leaving you stranded, and you need to go to doctor appointments while balancing work. This is something our Frederick personal injury lawyers have seen thousands of times, and we are happy to help you through this difficult process.
To establish a prima facie case of negligence, we must meet four elements. First, we must prove that the defendant owed a duty to you, the plaintiff, at the time of your injury. What duty does the defendant owe you? In general, he or she owes you a duty of a reasonably prudent person assuming that you were a foreseeable plaintiff at the time of injury. In the case of a driving accident in Frederick, a driver owes all other drivers the duty to control his car and behave as would a reasonably prudent person.
When we state that a plaintiff be foreseeable, we are referring to the fact that the plaintiff must be in the zone of danger. This is more obvious than it seems. If you are driving your car in a prudent manner at or below the speed limit, and someone else turns a corner on your side of the road and you cannot possibly stop in time, you have not breached any duty because you have behaved as would a reasonably prudent person. To prevail in a successful negligence action, you still must prove the causal link between the defendant’s breach of duty and the harm you suffered as the plaintiff. Causation is a more complex topic than duty or breach. So, it is imperative that you contact an experienced Frederick personal injury lawyer to discuss the facts of your case.
This is the damages portion of the negligence claim. Though, damages can be recovered in an intention or reckless act as well. In fact, the law is generally the same. In general, the difference is that you can recover more for suffering harm from a reckless or intentional act under the law. However, insurance will not always cover the defendant if he assaults you and you sue him or her civilly. The same rule applies to recklessness. You may also be entitled to punitive damages, which are in addition to compensatory damages and act as a multiple of the compensatory number. This type of damages can add substantial value to your case. Additionally, there are laws in Maryland that are unique to the state, making it imperative that you contact a seasoned Frederick personal injury lawyer.
To answer the broader question, you can recover in Frederick for medical expenses, past and future lost wages, and pain and suffering, as well as anything else that you suffered lost for as related to the accident. But remember, we must be able to prove causation for the loss.
The law in Frederick can be complex. Reach out to a well-versed Frederick personal injury lawyer today. Our consultations are always free. We look forward to speaking with you.
Gelb & Gelb, P.C.
N/aCopyright © 2023 Gelb & Gelb, P.C. All rights reserved.