Upper Marlboro Personal Injury Lawyer
Accidents can occur at any time and anywhere. If you were injured in a motor vehicle crash, slip and fall, medical malpractice or any other type of accident, you should speak to a knowledgeable attorney. You may be eligible to recover compensation from the party that caused you harm. Discuss your options with an Upper Marlboro personal injury lawyer. Roger Gelb could handle every aspect of your case and help you get the financial compensation you deserve.
Common Types of Personal Injury Claims
When a person is injured due to the reckless actions of another, they could file a personal injury claim. The most common types of personal injury claims involve:
- Car crashes
- Truck accidents
- Motorcycle collisions
- Pedestrian and bicycle accidents
- Wrongful death
- Medical negligence
- Slip and fall
- Property accidents
- Nursing home negligence
Proving Negligence in Upper Marlboro
Personal injury lawsuits are based on negligence, which plaintiffs must prove to the jury. The defendant who breaches the standard of care owed to others is negligent if the breach harms the plaintiff. The standard of care is based on what a reasonable person would do in a similar situation. For instance, a reasonable person would not:
- Drive at excessive speed
- Operate on a hospital patient while intoxicated
- Talk or text on a cellphone, eat, drink or apply makeup while driving
- Leave slippery, spilled substances on a grocery store’s floor
- Fail to maintain construction equipment
- Fail to label dangerous drugs
- Attack another causing catastrophic injuries
Whatever the personal injury is, an Upper Marlboro negligence attorney could help a client recover damages needed for medical bills, lost wages, pain and suffering, and loss of enjoyment of life.
Recovering Compensation Following an Accident
If a plaintiff is partly responsible for an accident that causes injuries, states have two choices when deciding how to compensate the plaintiff. Comparative negligence is the most widely adopted doctrine, and contributory negligence is the law in only four states, including Maryland and the District of Columbia.
Under comparative negligence, a plaintiff is compensated for the proportion the defendant is deemed responsible for the accident. Under pure comparative negligence, plaintiffs can recover even if they are 99 percent responsible for their injuries. Most states have adopted modified comparative negligence laws, in which plaintiffs cannot recover if they are equally or more responsible than the defendant.
Maryland’s contributory negligence doctrine says that plaintiffs found even slightly liable for their injuries cannot recover damages from defendants who are mostly responsible.
Types of Recoverable Damages
When a person is injured in an accident, the party responsible may be considered negligent and required to pay for damages. The injured party may be eligible to recover a wide range of damages including medical expenses, pain and suffering, mental anguish, loss of consortium, lost wages, and loss of enjoyment of life. An Upper Marlboro personal injury attorney could calculate the injured claimant’s losses and help them recover sufficient compensation.
Statute of Limitations for Personal Injury Lawsuits
The Statute of Limitations is the law that limits how long a plaintiff has to file a lawsuit. Maryland Statute §5–101 states that those hurt by someone else’s negligence have three years from the accident’s date to file. A diligent personal injury lawyer could help ensure the claim is filed on time.
A Upper Marlboro Personal Injury Lawyer Can Help
Personal injury cases can be complicated without legal help. A seasoned Upper Marlboro personal injury lawyer could help you hold the negligent party accountable for their actions. Call Gelb & Gelb, P.C. today to learn more about how we could help.