Personal injury claims are those made by injured individuals against whoever is responsible for their injuries such as another party or an insurance company. To obtain the most favorable results in these proceedings, it is wise to work with a personal injury lawyer in Essex. Call (410) LAW-YERS to speak with a member of The Parker Law Team. They can fight to get you the maximum compensation. Let's see how a personal injury claim in Maryland works.
What Types of Claims Arise Under Personal Injury Law?
The following situations may give way to a personal injury claim:
Accidental Injuries
These are injuries that happen because of someone's mistake or negligent actions or when people do not live up to their professional obligations. Besides car accidents, medical malpractice also falls under this type of claim.
Strict Liability
If you are injured because of someone's actions or inactions, you have the right to file a personal injury claim, regardless of whether there was wrongdoing or negligence. In this case, you may find claims for defective products where the manufacturer or seller can be held responsible for your losses even when they were not intentionally negligent in developing, manufacturing, or marketing their products.
Intentional Acts
When someone hurts you on purpose, you can sue them to get compensation for your injuries and other losses.
Who Can You Sue?
In general, you can sue an individual, company, or government agency when they are directly liable for harming you. This does not mean that the claim needs to be against just one of the above. You may be able to file a claim or lawsuit against multiple parties, depending on the specifics of your case.
Typically, regardless of the parties or entities you sue, you will likely have to deal with an insurance company that provides coverage to the at-fault party. Damages that the insurance company will pay are up to the limits of the particular policy.
What Must You Prove?
As a plaintiff, for your case to be successful you must prove that the defendant is liable for your injuries and losses. This starts by proving that the defendant had some type of obligation towards you. This could be driving safely, providing safe medical care, or manufacturing safe products. You also need to prove the relationship between these actions and the injuries you sustained.
What Damages Can You Recover?
Damages in personal injury claims are classified as economic and non-economic. Economic damages refer to all your medical expenses, including doctor's visits, treatments, surgeries, hospital stays, rehabilitation, physical therapy, and medications. It also includes the wages you have not earned by being unable to work and the money you need to repair or replace any damaged property. Non-economic damages cover items that are harder to quantify and may include your pain and suffering, emotional distress, PTSD, loss of enjoyment of life, and other intangible items.
Your lawyer will help you place a value on your case and fight to get you the maximum compensation to which you may be entitled.
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