What if I can't prove who was at fault?

It is usually clear in the case of car accidents, which vehicles were involved, although who was at fault may be hotly disputed. In fact, experienced Baltimore personal injury lawyers will tell you that the mere fact that an accident happened does not mean someone anyone at fault. But what about a situation where it is not entirely clear how an accident happened, the vehicles involved, or where the specific mechanism of the accident is not clear [e.g. a car running off a roadway with dry pavement under good weather conditions [Haines v. State, 202 A.2d 364] or a pedestrian hit by a car while standing on the side of a road [UCJFB v. Bowles, 334 A.2d 532]. In such circumstances, the law may provide a shortcut to proving who was at fault, or exactly how they were at fault. Baltimore personal injury lawyers sometimes argue that if the event is one that would not normally occur without negligence, the cause of the event was an instrumentality causing the harm was within the exclusive control of a defendant, and no one else, including the injury victim, could have caused the accident, than Res Ipsa Loquitor ["the thing speaks for itself"] permits an inference that the defendant was the cause of the harm. Knowledgeable Baltimore personal injury lawyers know, though, that this is only half the battle. The defendant then has the opportunity to present a reasonable alternative explanation as to the cause of the harm- that does not involve negligence. The jury can accept that explanation, and give defense verdict, or applying Res Ipsa Loquitor, find the defendant liable, even without direct proof of negligence.

Property damage in personal injury lawsuits

The notion that there is a correlation between the dollar amount of property damage in a motor vehicle accident, and the severity of a personal injury has some logical appeal. If a car’s front end is smashed in, then the occupants would seem...

Lost wages in personal injury settlements

The recovery of past lost wages in some personal injury claims amounts to little more than mathematics. The average weekly hours a person works before their accident, multiplied buy their hourly wage, multiplied by the amount of time missed....

Personal injury settlement: Medical bills

Maryland, like many states, has enacted a statute that sets the right of health insurance providers, or third party payors generally, to assert a claim on the proceeds of a personal injury lawsuit. Knowledge of these provisions is a key in getting...

How Much Will I get for my Personal Injury Case?

Of course the most important consideration in any personal injury award is the “in your pocket” number. After attorney fees, litigation costs, outstanding medical balances, and everything else has been accounted for: “How much do...

How much is the case worth?

Medical expenses are one variable in the value of any case. They impact the value in a direct sense. A claims adjuster, judge, or juror, at some point will be presented with those bills. The injured person is entitled to collect the amounts paid, in...

What is the value of an injury claim?

Two things remain true about the valuation of a personal injury case. One, it is one of the core functions of a personal injury lawyer – to assess the likely outcome of a claim at trial. Ideally, this is done with a balance of reason and...

How much is a personal injury case worth?

I’ve said elsewhere that it is by far any away the most common and frequent question that I’m asked. In addition, though, it is probably the most legitimate. The primary role of a personal injury attorney is getting their injured client...
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