What is my Baltimore Personal Injury Case Worth?
What is the value of my personal injury case? It's a legitimate question that every victim asks. If you have been injured by the negligence of another, our system of justice recognizes that, although money is a poor substitute for your health and peace of mind, it is how the law measures the magnitude of your loss. The idea that money is substituted for an intangible loss is not only accepted and understood, it's really the core of our civil justice system.
The "value" of your claim – i.e. the amount of money your entitled to recover, is based on a number of factors: if you are entitled to recover, from whom your entitled to recover, the amount of coverage, your medical expenses (past and future), your lost wages [past and future], the costs of litigating the case, your pain, suffering, anguish and loss of enjoyment of life, the venue of the case, to name just a few.
Once all the facts are in, an experienced lawyer should give you a value range. It's a complicated task, but one of the most important things a personal injury attorney does.
Am I entitled to recover?
It is the first question asked of any Baltimore injury and accident lawyer. "Do I have a case"? If the law does not recognize the wrong for which complaint is made, no matter how extreme the injury or damage, there is no case. You must prove negligence.
What is negligence?
Maryland juries are instructed that negligence is doing something that a person using ordinary care, caution and prudence would not do, or, in fact doing something that a reasonably cautions person would not, under the circumstances.
To prove up a case for negligence in court, a plaintiff must show that 1] the defendant owed them a duty to conform their conduct to specific standard of care that prevents harm - or the risk of harm - to others 2] the defendant did not conform their conduct 3] that failure fairly directly led to an injury that 4] damaged the plaintiff. If you've been injured by someone else, an experienced personal injury attorney can evaluate if you have a claim, and help you document, quantify, and prove it.
When can I sue? Is there a time limit?
Maryland law provides special time limits and notification requirements. An experienced Baltimore personal injury attorney can provide you with guidance on these specific procedures. If your claim is a tort [e.g a car accdient in Baltimore] claim against the State of Maryland, your personal injury attorney must notify the state treasurer of the claim with 1 year of the occurrence or the suit will be disallowed, even though statute of limitations may not run for 2 more years. If your claim is a tort claim against a local government entity, your personal injury lawyer must notify the designated representative within 6 months of the occurrence or the claim will be disallowed, even though statute of limitations may not run for 2 and one half more years.
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