Baltimore Personal Injury Lawyers

Each case is unique, so you should make sure to consult an attorney about your specific situation. In the meantime, here’s a look at some basic concepts involving personal injury lawsuits, such as what you may need to prove and how much time you have to bring your case.

People bringing personal injury cases usually try to show that the defendant (the party they’re suing) was negligent. This means that they didn’t act carefully enough in the situation, and their carelessness caused the injuries. For everyday situations, the level of care expected is what a reasonable person would use. However, some situations involve a more distinctive standard of care. In a medical malpractice lawsuit, for example, the plaintiff probably will need expert testimony to show that a doctor didn’t meet the standard of care in their professional specialty.

If you got injured by an employee of a business, you might be able to hold the business liable as well under a principle called vicarious liability. This applies when an employee acted negligently in the scope of their job. You don’t need to prove that the business did anything wrong. In some situations, though, the business might have been directly responsible for injuries, such as if they hired an employee who was clearly unfit or failed to properly supervise their employees. Holding a business liable can make it easier to recover the full scope of your damages because these entities tend to have more assets and insurance than an individual employee.

Certain types of cases can raise a theory called strict liability. You don’t need to prove that the defendant was negligent if strict liability applies. In general, you would need to show that something happened for which the law makes the defendant strictly liable, and you got injured as a result. Probably the most common example of a strict liability claim is a case involving a defective product.

If you experienced an assault or another violent crime, you might have a claim against the perpetrator. These types of cases are known as “intentional torts.” The defendant also might face criminal prosecution, but you don’t need to worry about whether the prosecutor can get a conviction. Even if they don’t, you might be able to win your case. Your standard of proof is the preponderance of the evidence, which is much lower than the prosecutor’s standard of proof.

Each state has a certain deadline for filing a personal injury lawsuit, known as the statute of limitations. If you don’t get your case started within this time, you probably won’t be able to have it heard. The defendant can get it dismissed for missing the statute of limitations, even if you have strong evidence showing the defendant’s liability and your damages.

The Maryland personal injury statute of limitations is three years for most ordinary cases, such as car accidents and slip and falls. Distinctive deadlines apply to certain types of cases, though. For example, you have one year to file a lawsuit after an assault. You generally have five years after an incident of medical malpractice, or three years after you discovered your injury if that’s sooner. If you’re not sure about which deadline applies to your case, you should consult a lawyer as soon as possible.

Sometimes an injured person bore some of the fault for an accident. Most states apply a rule called “comparative negligence” in these situations. However, Maryland and a few other states apply a traditional rule called “contributory negligence.” This means that an injured person generally can’t recover any damages if they were at fault to any degree, no matter how small. Even if you sustained $500,000 in damages after a devastating motorcycle crash, for example, and you were only 10 percent at fault, you likely would walk away with nothing. This creates an incentive for insurers and defendants to try to pin at least a little blame on the victim, and it’s a key reason to get a lawyer on your side.

Another concern that often comes up in these cases involves damages caps. These are limits that a state imposes on the amount that you can get in a personal injury lawsuit. Maryland doesn’t limit economic damages for losses like medical bills and missed wages. However, it limits non-economic damages, which cover subjective harm like pain and suffering and lost enjoyment of life. There’s a general cap for non-economic damages in most personal injury cases and a specific cap for these damages in medical malpractice cases. The caps increase each year.

Perhaps a government employee or agency contributed to your injuries. If this happened, you might be able to sue the government, but you need to file a notice of claim first. This provides information such as when, where, and how the accident happened. You generally have one year to file your notice of claim. If you don’t follow this rule, you won’t be able to bring a lawsuit even if you meet the general statute of limitations.

More often than not, a personal injury case doesn’t end up in a courtroom before a judge or jury. Instead, the injured person accepts a settlement in which they release their claims against the defendant in exchange for getting a certain amount of compensation. This allows both sides to avoid the risk of letting a judge or jury decide the outcome. Even if each of them thinks that they have solid arguments, it’s impossible to tell how a trial will turn out.

Taking a settlement also allows a victim to get reimbursement for their medical bills and other costs sooner. This can help them focus on their recovery with less financial stress. They also can put the emotional and psychological trauma behind them, rather than constantly reliving what happened as their case grinds through the court process. However, you shouldn’t necessarily seize the first offer that comes your way. Insurers often start with a relatively low offer in an effort to get rid of a claim as cheaply as possible. This may not fully compensate you for your losses, and you likely can’t get more money later once you release your claims.

A victim who has suffered serious injuries or developed permanent disabilities may want to wait until their condition has stabilized before they settle their case. This will allow them to understand the scope of their future damages and include them in their settlement demands. Sometimes these amounts comprise a substantial portion of the total.

In the aftermath of a devastating accident, navigating the legal process can place a heavy burden on your shoulders. Hiring a lawyer can make it easier for you to recover physically and emotionally. Your attorney can handle tasks such as gathering the evidence that you’ll need to prove the defendant’s liability and damages. This might include medical documents, photos or videos, witness statements, receipts for out-of-pocket costs, and pay stubs for missed earnings, as well as expert analysis of the accident or your injuries.

Your attorney can evaluate any settlement offers from the defendant or insurer, allowing you to make an informed decision about whether it makes sense to resolve your case for a certain amount. If it turns out that you don’t get a fair offer, your attorney can develop a strategy for presenting your case in court. They’ll know how to protect your interests during steps such as jury selection and the presentation of evidence, while keeping your case on track by complying with deadlines and other procedural rules.

The other side probably will have lawyers working hard to avoid or minimize liability. It’s only logical to get an attorney of your own so that you’re not fighting an uphill battle. This is especially critical when fault or the scope of your harm isn’t obvious or when you’re asking for a large amount of compensation.

Choosing the lawyer whom you want to advocate for you is a big decision. You should take your time to consider your options. Perhaps you’ll get recommendations from friends, family, or coworkers. In most cases, though, people looking for a personal injury lawyer go online as part of their search. The Justia Lawyer Directory allows you to review and compare a broad range of attorneys in the Baltimore area. You can then efficiently contact those who interest you.

Personal injury law spans a broad range of issues, each with its own nuances. You’ll want to find a lawyer who handles the type of case that you’re pursuing. If you’re hoping to sue a business after a slip and fall, for example, you probably should work with an attorney who has a track record of handling premises liability claims, rather than an attorney who has only handled car accidents. If you got injured by a defective product, you should look for a lawyer who has experience going up against manufacturers in these complex cases.

More generally, your lawyer should meet the ethical standards of their profession. A lack of integrity or competence could severely damage your case. You should check a potential attorney’s record with the Maryland State Bar Association for any disciplinary issues. If you find a single small lapse, this might just be one factor of many to consider. On the other hand, a pattern of recurring violations or a major misstep should make you think twice before hiring that attorney.

Personal injury lawyers usually put their most notable successes on their websites. You should take a look at these statistics, but keep in mind that numbers don’t always tell the whole story. Client reviews can tell you what it’s like to interact with an attorney during the course of a legal matter, while attorney reviews can illustrate their reputation within the profession. This could make a difference when they’re negotiating with opposing counsel or arguing in court.

You should try to meet with several potential attorneys before finalizing your decision. Personal injury lawyers usually offer these initial consultations for no charge. You can describe what happened to you and get their general feedback on your legal options. The attorney can assess whether they want to take your case, and you can think about whether you’d feel comfortable entrusting it to them. No matter how strong their credentials may be, personality fit still matters.

Unfortunately, there’s an almost endless list of events and situations that can result in personal injury lawsuits. Some common examples include:

• Car accidents and other motor vehicle collisions, such as those involving trucks, motorcycles, bicycles, or pedestrians
• Medical malpractice by a healthcare professional, such as a misdiagnosis or surgical error
• Slip and fall accidents caused by an unaddressed hazard on someone else’s property
• Encounters with consumer or workplace products that have defects in their design or manufacturing, or inadequate safety warnings
• Negligence or abuse of nursing home residents
• Dog bites and other incidents involving animals

Some accidents occur on the job. Most employers in Maryland must have workers’ compensation insurance. This pays out certain benefits for job-related injuries regardless of fault. An employee lacks the right to sue their employer for these injuries, but the workers’ compensation system doesn’t prevent them from suing another person or entity that may have been responsible. For example, you might be able to sue a careless driver who hit you or a company that made a defective tool that injured you while you were doing your job. A third-party lawsuit can allow an injured person to get damages that aren’t available through workers’ compensation, such as their pain and suffering.

A study of personal injury trials in Maryland showed that the median compensation amount was about $13,000 in the cases analyzed. The median amount for car accidents was about $12,000 in these cases. The median is the number that is greater than half the verdicts and smaller than the rest of the verdicts. Historically, amounts in Baltimore County have tended to be higher than statewide numbers.

Here are some notable verdicts and settlements from Maryland personal injury cases in recent years:

• $7.25 million in a medical malpractice wrongful death case when a patient died from a blood clot after his doctor told him to stop taking his blood thinner medications
• $1.5 million for a patient who developed severe complications after gallbladder removal surgery, requiring a follow-up procedure
• $350,000 when a woman was struck from behind by a police officer in Baltimore City
• $314,000 for the death of a nursing home resident due to negligent transportation by the facility
• $200,000 in a Baltimore County case when a woman was hit by an uninsured driver who made a left turn in front of her vehicle, allegedly causing head, neck, shoulder, chest, and other injuries
• $113,000 when a driver backing out of a parking spot in Baltimore City hit the shopping cart of someone loading groceries into their vehicle, pinning that person against their vehicle and causing back, knee, and elbow injuries

However, both general statistics and specific case results don’t provide a clear picture of how much any given case might be worth. To get a sense of the value of your specific claim, you should ask your lawyer for their insights.

The Maryland Highway Safety Office collects data on car accidents in various cities and counties throughout the state. In 2023, there were 15,956 total crashes in Baltimore City. These included 45 fatal crashes, as well as 5,023 crashes that caused injuries and 10,888 crashes that caused only property damage. These numbers were slightly lower than the five-year averages.

Meanwhile, Baltimore County saw 20,232 total crashes in 2023. These included 83 fatal crashes, as well as 4,234 crashes that caused injuries and 15,915 crashes that caused only property damage. Fatal crashes were higher than the five-year average, while crashes that caused injuries were slightly lower.

Baltimore City has developed a Strategic Highway Safety Plan for 2022 to 2026. Part of the project involved identifying high severity crash intersections in the city. These were the top 10:

• West Franklin Street and North Payson Street
• Orleans Street and Ensor Street
• West North Avenue and North Fulton Avenue
• South Monroe Street and Washington Boulevard
• West North Avenue and North Howard Street
• Reisterstown Road and Gwynn Falls Parkway
• West Pratt Street and South Paca Street
• Lombard Street and Light Street
• Clifton Avenue and Denison Street
• Erdman Avenue and Belair Road

It’s always important to pay close attention to your surroundings as you approach an intersection. A moment of carelessness or distraction could have devastating consequences.

As you put together a claim after a car accident in Baltimore, it’s generally helpful to get a copy of the police report on the crash. This can indicate what happened and who the officer thinks was at fault. Reports generated by the Baltimore Police Department are only available online through a website operated by LexisNexis. You’ll need to provide the report number, your full name and the date of the incident, or the location to retrieve the report.

If you think that your doctor provided you with substandard care, you can file a complaint with the Maryland Board of Physicians. This could result in disciplinary measures against the doctor, although it’s not a substitute for bringing a medical malpractice lawsuit against them. Meanwhile, if you have concerns about the care provided at a nursing home facility, you can contact the Office of Health Care Quality in the Maryland Department of Health. Again, you would still need to file a lawsuit to recover damages.

During the aftermath of an assault or another violent crime, you may want to explore the services provided by the Victim and Witness Division of the Office of the State’s Attorney for Baltimore City. The Maryland State Board of Victim Services also provides a pamphlet on your rights and the services that may be available to assist you, which you can download through the Baltimore Police Department website. For example, you might be able to pursue reimbursement for certain costs like medical expenses and lost earnings through the Maryland Criminal Injuries Compensation Board. In addition, the Maryland Crime Victims’ Resource Center provides advocacy and legal support for people in these challenging situations.

If you’re dealing with an injury related to your job, you can check out the resources offered by the Maryland Workers’ Compensation Commission. These include detailed explanations of eligibility requirements and the types of benefits that may be available, as well as instructions for completing the employee claim form.

1. What will I need to pay my personal injury lawyer?

   You probably won’t need to pay your lawyer anything unless they get compensation for you. If they do, they’ll take a portion of the settlement or verdict as their fee. This usually is between 25 and 40 percent. Fee provisions in representation agreements often provide for varying percentages based on whether the case goes to trial, which usually requires more time and effort from the attorney.

2. Can I get damages if I had a pre-existing condition?

   You can potentially still get damages if you had a pre-existing condition before your injury. You would need to show that the injury aggravated the pre-existing condition. This might require expert testimony and other complex forms of evidence that explain the difference between your condition before and after the accident. Your damages would reflect that difference rather than your condition overall.

3. Are dog owners strictly liable for dog bites?

   Dog owners in Maryland are generally strictly liable for injuries caused by their dogs while they are running at large. In other cases, evidence that the dog caused the injury leads to a rebuttable presumption that the owner knew or should have known that the dog had vicious or dangerous propensities. In other words, the owner has the burden of proof to show that they couldn’t reasonably have been aware of the risk that the dog posed.

4. How do I get compensation after a hit and run accident?

   If the driver isn’t identified, you can file a claim under your uninsured motorist insurance policy. However, be aware that your insurer isn’t necessarily on your side in this situation, even though you bought a policy from them. They may defend the claim just as vigorously as the hit and run driver would have, so you may still need a lawyer to protect your rights.

5. How does the personal injury statute of limitations work for children?

   The statute of limitations is paused until a child reaches the age of majority. At that point, they generally have three years to file a personal injury lawsuit. This doesn’t mean that you should wait until then to file a claim, though. Key evidence may decay or disappear if many years pass after the injury occurred.