Baltimore Personal Injury Topics To Know
Baltimore Personal Injury Topics You Must Know
A personal injury accident can permanently change a person’s life, and determining how to move forward following the accident can be hard to do. With the help of a lawyer who has decades of experience handling cases and assisting personal injury victims with their claims, you can increase your chances of recovering the damages that you are seeking. Filing a claim can be a long and arduous process. To help you prepare, here is a non-exclusive list of Baltimore Personal Injury Topics that you absolutely must Know that you should make sure to review when you speak to a lawyer. Other FAQs may provide some guidance for specific case types, e.g. Baltimore wrongful death claims.
Baltimore MVA & Injury Claims 101: Legal Rights
Become aware of your rights so that you can receive the compensation that you deserve. Not only should you know your rights to increase your final settlement amount, but it can help you avoid being manipulated by the insurance company. Knowing your rights can help you avoid making errors that can cause setbacks to your case. If you have any questions about what your rights are as a personal injury victim, do not hesitate to ask a lawyer such as one from Eric T. Kirk.
Baltimore Car Accident FAQ: Who Can Be Sued?
You may be able to sue more than one party. If you are not sure which individuals or parties that you can list as defendants in your claim, a skilled Baltimore personal injury lawyer can assess your case and determine which individuals can be held liable. Knowing exactly how many parties that you can sue is critical because it may enable you to get the highest possible compensation amount. Meet with a lawyer right away so that they can tell you which parties that you can file a claim against.
Who Is the Likely Defendant in a Baltimore Motor Vehicle Accident Case?
In a typical Baltimore motor vehicle accident (MVA) case, the likely defendant is the individual or entity alleged to have caused the collision through negligent conduct. But while that may sound straightforward, determining who should be named as the defendant in a personal injury action involves careful legal analysis, especially in Maryland, a contributory negligence jurisdiction.
Baltimore Personal Injury Suspect #1: The At-Fault Driver
In most cases, the primary defendant is the driver of the other vehicle. If a driver breached their duty of care—by speeding, failing to yield, running a red light, or texting while driving—they are the first party to be scrutinized.
- In rear-end collisions, fault typically lies with the trailing driver.
- In left-turn accidents, the turning driver may be presumed negligent unless rebutted.
- Eyewitness statements, police reports, and dashcam footage are often crucial in determining liability.
Lawyer Note: Under Maryland law, even a small degree of fault on the part of the plaintiff can bar recovery. Thus, pinpointing the appropriate defendant is only part of the strategy—the greater challenge is proving that party’s exclusive fault.
Baltimore Personal Injury Suspect #2: The Vehicle Owner
Maryland, in some situations, will hold an owner accountable for the conduct of the driver if the driver is on the owner’s errand, and also imposes potential liability on vehicle owners who knowingly allow incompetent, unlicensed, or impaired individuals to drive their cars. If the at-fault driver was operating a vehicle owned by another person—especially a family member or employer—the owner typically will be named as a co-defendant under theories of negligent entrustment or vicarious liability.
- Owners may be liable even if they were not in the vehicle.
- Employers who own fleet vehicles used during the scope of employment may face direct liability.
Baltimore Personal Injury Suspect #3: Employers and Commercial Entities
If the accident occurred during the scope of employment—such as a delivery driver or a commercial truck operator—the employer or business entity is often a named defendant. Under the doctrine of respondeat superior, an employer may be vicariously liable for the negligent acts of its employee.
- Claims may also be potentially be brought for negligent hiring or supervision if the employer failed to screen or monitor drivers appropriately.
- In commercial trucking cases, other parties such as freight brokers or maintenance companies may also be implicated.
Baltimore Personal Injury Suspect #4: Government Entities
If a Baltimore MVA involves a public bus or a municipal vehicle a local or state government agency may be a defendant. Claims against government bodies are subject to strict notice and procedural requirements under the Maryland Tort Claims Act (MTCA) or the Local Government Tort Claims Act (LGTCA).
What Do You Get If You Win? Damages
When you have a personal injury claim, knowing what damages you are abel to recover may be one of the biggest questions on your mind. Damages are losses that claimants can recover. There are many damages that personal injury victims can claim, from missed wages, pain and suffering, loss of consortium and much more. It is strongly suggested that you have a lawyer review your total damages so that you are not leaving anything out.
Statute of Limitations
The statute of limitations in a personal injury case is typically two to four years depending on the state that you are filing the claim in. Even if you are not sure whether you are planning to file a claim or not, you should be familiar with the statute of limitations because you have such a short amount of time. Ask a trusted and experienced lawyer early on about how to file a claim so that you can submit it in time before the deadline is up.
Working on a claim on your own can cause you to end up with a less than desirable case outcome. By hiring an experienced lawyer to advocate for you, you can decrease your chances of making critical errors throughout your case. A dedicated lawyer will work fiercely to fight for you and defend your rights. For more information about how a lawyer can provide you with the quality legal services that you need, do not wait to contact a lawyer in your area immediately.
- Baltimore Personal Injury Trial Lawyer Eric T. Kirk
- Legal Analysis & Case Studies
- Baltimore Insurance Claims Denial Lawyer
For over three decades, I have battled against the nation’s largest insurance companies, always endeavoring to ensure my clients receive the compensation they deserve. As lead counsel in thousands of cases across Maryland, New York, and Florida, I have recovered millions for clients whose claims were wrongfully denied and delayed. Whether denying fair compensation for a personal injury victim or denying benefits to a homeowner, Insurance companies employ policy exclusions, technicalities, and lowball offers to deny and defeat claims. They also hire very good lawyers to fight you in court. So should you. When an insurance company unfairly rejects a claim, I stop them.
