Car vs. Car Door: Do I Have a Personal Injury Claim?
This may seem like a misplaced article, one more properly cataloged under "property damage" claims. It's not. Seasoned Baltimore personal injury and accident lawyers are familiar with "car door" claims. As discussed previously, there may some popular wisdom holding that any time a vehicle makes contact with another object [e.g. another car, another bus, a sign, a light pole, or practically anything else] then the occupants of that vehicle are entitled to a financial recovery for personal injury. Of course, that's not the law.
One must actually be injured in order to maintain a claim for personal injury.
As experienced Baltimore personal injury and accident lawyers know, there does not have to be a huge impact, or high speeds, or massive property damage to sustain an injury. "Even though sustained in low-velocity, rear-end collisions, .... acceleration injury can produce forces significant enough to produce musculoligamentous tears with resultant hemorrhage and even disk disruption and avulsion fractures of the vertebral bodies." Dunn EJ, Blazer S. Soft tissue injuries of the lower cervical spine. Instructional course lectures, Am Academy of Ortho Surgeons, 1987; 36:499-512. But there must be an injury. It is perhaps axiomatic, but there must be a personal injury, or there is no personal injury case. If there is objective verification of an injury, and if the injured person can articulate the mechanism of injury, and how their body was impacted, and injured, a viable claim is possible. In the absence of one or both, there is no personal injury claim.
-This Article was updated by Eric Kirk on 10/11/19.
I routinely try cases involving recovery of compensation for a personal injury. I am honored to extend a complimentary meeting, strategy session and case analysis to you. Contact me today to arrange a time. 410 591 2835.