Over $150 Million Recovered For Our Clients “Roger K. Gelb is one of the area’s most respected and sought-after legal minds” – Washingtonian Magazine
Carroll County Personal Injury Lawyer
Our Carroll County personal injury lawyers excel in a range of cases, including car accidents, truck accidents, and wrongful deaths, serving clients across Maryland for over 70 years. Since our founding in 1954, we have served over 10,000 injury victims in Washington, D.C., and Maryland. Carroll County is home to approximately 172,000 Maryland residents, making it one of the most populated counties in the state. Carroll County is well-known for the region’s Old Westminster Winery and Carroll County Farm Museum. It also houses Eldersburg, Westminster, Sykesville, Taneytown, Manchester, and other Maryland cities.
It is conveniently close to Baltimore, D.C., and even Gettysburg, Pennsylvania. Carroll County is predominantly rural, so you are less likely to see a Metro, train, or bus accident. However, Caroll County still experiences car accidents, motorcycle accidents, and other acts of negligence resulting in injury and a legitimate cause of action. Contact a Carroll County personal injury lawyer immediately if you believe this has happened to you or a loved one.
Understanding Personal Injury Law in Carroll County
Personal injury law follows much of the same law as the rest of Maryland. Of course, local ordinances restrict certain behaviors. Violating these ordinances may lead to per se negligence or per se battery. But in general, it is best to understand Maryland law as a whole, as that is how our common law system works. In general, you may have a viable claim when you are injured due to someone else’s negligent or intentional conduct due to someone. When you make that claim, it is often with the tortfeasor’s insurance company representing the tortfeasor. If there is no coverage, or the coverage does not cover intentional conduct like an assault or battery, you may still have options. Speak with a Carroll County personal injury lawyer for the most applicable advice.
One option is to file suit against the defendant tortfeasor in his or her personal capacity. A person unrepresented by their insurer may still hire private counsel, though it is uncommon unless they have substantial monetary assets. Most of the time, it is not worthwhile to go this route because most people do not have sufficient assets to cover your damages. Even if we take the defendant to court and win a significant judgment, the defendant may quickly file for bankruptcy and avoid the judgment altogether. Your third option will be to file an uninsured motorist claim. This is a claim with your insurance if you are in a motor vehicle at the time that is covered under your policy. A fourth option is to investigate whether there is an additional party who is legally liable for your injuries from the same incident.
What Constitutes a Personal Injury Case?
To constitute a personal injury case worth pursuing, you need more than just a negligence claim and a liable party. You need insurance coverage or sufficient assets to cover the damages. Your Carroll County personal injury lawyer must also consider any defenses the defendant may raise. If it has been longer than three years since your injury, you are susceptible to a statute of limitations defense. Or, in the case of a slip and fall accident, the defense may argue that the hazardous condition only occurred moments before your fall. Thus, there is nothing they could have done, and the negligence is absolved. Or, in a car accident, the defendant may have been negligent in causing your accident. However, proving the elements of negligence is difficult if we lack evidence to prove our claim.
We must prove each element of negligence by a preponderance of the evidence. That means a jury must believe it is more likely than not that each element occurred. Testimony from a witness can help or harm your case. What if the witness is mistaken and testifies in court that you were at fault? A skilled Carroll County personal injury lawyer can pick apart the testimony on cross-examination. However, juries can be unpredictable.
Key Laws Affecting Personal Injury Claims in Carroll County
There are countless key laws affecting personal injury claims in Carroll County. However, the one to be the most aware of is that Maryland is a contributory negligence jurisdiction. If a jury finds you even 1% negligent in causing your injuries, you are barred from any recovery against the defendant. This is a harsh rule. Maryland is one of just five jurisdictions that follow this rule. The good news is that many cases do involve a completely innocent plaintiff. For example, if you are rear-ended in a car accident, it is unlikely that a jury will blame you.
An experienced Carroll County personal injury lawyer will fight to ensure a jury finds you to have been 0% negligent in the accident. In a slip and fall accident, for example, defense counsel may argue that some negligence is necessary for a person not to watch where they are going, slip and fall. Our attorneys are familiar with Carroll County’s roads and traffic patterns, leveraging this local knowledge in car accident and pedestrian injury cases.
Why Choose a Carroll County Personal Injury Lawyer
There are several reasons to choose a Carroll County personal injury lawyer. The biggest reason to seek legal representation is the opportunity for a more significant recovery from your injuries. When lay people try to handle their cases independently of counsel, the nagging problem is there is no threat of litigation. An insurer might offer a large settlement offer, one representative of your injuries because they understand we will take them to court and do the same or better. But if you are representing yourself pro se, that threat is absent.
Beyond that, a Carroll County personal injury lawyer will construct your argument based on the relevant Maryland laws to give you the best chance of an equitable recovery. Our systematic process has evolved over our 70 years of practice in the state. We will ask you questions to identify each economic and noneconomic damage you have suffered. We do this as a means of maximizing your compensation for your injuries.
Our Personal Injury Legal Services in Carroll County
Our legal services are not limited to the causes of action listed below. Rather, our Carroll County personal injury lawyers handle any case that results in injury to you due to a third party’s fault. Handling a broad spectrum of personal injury claims, from auto accidents to pedestrian accidents and motorcycle accidents, our Carroll County attorneys are dedicated to securing the compensation you deserve.
Automobile Accidents
Automobile accidents are the most common cause of action we handle in Carroll County. Whether on Baltimore Boulevard, New Washington Road, Ridge Road, Bachmans Valley Road, or some less traveled highway in the County, collisions occur daily. Given the ever-increasing costs at hospitals and the ever-increasing number of distractions for drivers, hiring a skilled and experienced Carroll County personal injury lawyer to handle your car accident case is more critical than ever.
Due to the high speeds of these major roads, the injuries in these cases can be catastrophic. Worse yet, some accidents are unavoidable no matter how prudently you operate your own vehicle. We advocate for defensive driving. This involves constant vigilance on the road. You must always be aware of your surroundings. You must also be patient and adapt your speed to the conditions around you. If other drivers drive slower due to congestion, blending into the traffic flow is essential rather than evading other drivers.
Slip and Fall Incidents
Slip and fall incidents are generally trickier than the average car accident. This is because plaintiffs typically lack evidence to establish the claim. As a business invitee suing a business for a slip and fall incident, you have several requirements to establish all elements. In a car accident case where you are rear-ended, the evidence speaks for itself because the damage is left to the car. All that is needed is a picture of each vehicle involved, which can tell much of the story. But we must prove that the business knew or should have known of the hazardous condition for a slip and fall incident.
They are required to inspect for hazardous conditions on a reasonable basis. It is the job of your Carroll County personal injury lawyer to establish that, whatever their routine for inspection was, it was unreasonable. What is considered unreasonable is a jury question. We typically must hire expert witnesses to explain what is reasonable. And, of course, defense counsel will hire expert witnesses to establish that the business behaved reasonably.
Truck Accidents
Truckers are subject to several regulations that other drivers on the road are not. Additionally, the damages can be severe due to the sheer weight difference between a semi-truck and a regular car. Thus, we recommend speaking with a knowledgeable Carroll County personal injury lawyer immediately to discuss your options.
Wrongful Deaths
Wrongful death claims in Carroll County are available to a spouse, child, or parent of a victim of a wrongful death. Thus, this is separate from a survival action brought by the decedent’s estate. Both should be pursued when there are grieving family members who seek justice. Call our office for a free consultation.
How We Handle Your Personal Injury Case
When you hire a Carroll County personal injury lawyer, here is the basic framework of what you can expect.
Initial Consultation and Free Case Evaluation
When you call our office, we immediately connect you to a skilled and knowledgeable attorney to evaluate your case. This evaluation is confidential. It allows you to ask questions you may have about your case, and we will ask you questions in return to get a better idea of the facts. We will then advise whether you have a case worth pursuing and discuss your options and next steps.
Investigation and Evidence Gathering
During our consultation, we learned about your case via the facts you told us. However, we still need evidence to substantiate that story. Accordingly, we begin an investigation of your case. First, we request evidence you have gathered, such as pictures and witness contact information. Then, we obtain a copy of the police report, interview witnesses, collect documentation, consult experts if necessary, review the relevant caselaw, and preserve evidence via a spoliation letter if there is security footage or something similar.
Negotiating with Insurance Companies
When our Carroll County personal injury lawyers negotiate with the insurance companies, it is typically done in stages. One conversation generally does not land us on the number we believe represents your injuries. Negotiations are nuanced and require the skill of a high-level attorney.
Litigation and Trial Representation
We file suit and litigate your case only when necessary. Generally, this is more costly and time-consuming than settling a case. However, if the insurance company is unwilling to make a fair settlement offer, we will advise against accepting their offer and file suit on your claim.
FAQs About Hiring a Personal Injury Lawyer in Carroll County
What is the law of personal injuries?
The law of personal injuries is also known as tort law. The law governs whether you can recover for injuries caused by a third party. If we establish that you are entitled to compensation, we determine how much you are owed under the law.
Is emotional distress a personal injury?
Emotional distress is a piece of a personal injury claim. To recover for emotional distress, we must prove three things.
First, we must prove liability by the defendant for your emotional distress.
Second, we must prove that the accident or intentional conduct caused your emotional distress.
Third, we must prove the existence of your emotional distress.
What is the compensation for injury?
There are many aspects of compensation to consider in a personal injury case. The above infographic carefully details and categorizes all compensable damages.
What is an example of a serious injury claim?
An example of a serious injury claim is if you are rear-ended at a red light, totaling your vehicle. Following the accident, you are brought by ambulance to the nearest Carroll County emergency room to be treated for serious injuries.
Contact a Carroll County Personal Injury Lawyer Today
If you believe you have a claim for personal injuries, contact our Carroll County personal injury lawyers immediately for a free consultation.