Establishing Liability in a Personal Injury CaseAugust 31, 2018
The process of determining liability in personal injury cases can be more complicated than you might think. While you might assume that anytime you are injured, whether it be from a slip and fall accident, a medical error, or a traffic accident, that you will recover damages, this is not always the case. Injuries can happen in several ways, but only certain situations will result in success. An experienced personal injury lawyer can guide you through the claims process and secure the financial compensation you deserve.
Due to the nature of certain types of accidents, proving liability can be difficult, particularly in slip and falls, medical malpractice cases, and traffic accidents. Keep the following in mind if you are injured in these types of accidents:
- Slip and Fall Accidents: In the state of Maryland, to recover damages from a slip and fall accident, you must be able to prove that a potentially dangerous condition existed, which was not obvious to you, and that the owner of the premises was aware of it. For example, if you fall after slipping on a wet floor at a supermarket, you must be able to prove that you were unaware of the spill and the supermarket manager was aware or should have been aware of the spill. This can be difficult to prove if you are unable to provide solid documentation or witness testimonials about what happened.
- Medical Malpractice Accidents: The challenge here is that patients are usually unconscious when the medical mistake occurred, so they cannot offer useful testimony about what happened during the medical procedure. Medical records provide most of the facts, and doctors are not quick to admit when something went wrong. In medical negligence cases, the basic standard is that an injury occurs when there is a breach in the standard of care. According to the Maryland Pattern Jury Instructions, a breach in the standard of care occurs when the health care provider does not use a degree of care and skill, which a reasonably competent health care provider would use if engaged in a similar practice.
- Car and Truck Accidents: All motorists are expected to use reasonable care when driving. This means that all drivers must use the degree of caution and attention that a person of ordinary skill and judgement would use under similar circumstances, according to the Pattern Jury Instructions. However, this can be difficult to prove if there are no witnesses and limited physical evidence.
Baltimore Car Accident Lawyers at LeViness, Tolzman & Hamilton Represent Victims of Personal Injury Accidents
If you or a loved one has been injured in a personal injury accident, contact the Baltimore car accident lawyers at LeViness, Tolzman & Hamilton as soon as possible. Our experienced team will guide you through every step of the claims process and secure the evidence needed to reach a successful outcome. We will work tirelessly to obtain the maximum financial compensation you deserve for your injuries. To schedule a free, confidential consultation, call us today at 800-547-4LAW (4529) or contact us online.
Our offices are located in Baltimore, Columbia, Glen Burnie, and Towson, allowing us to represent car accident victims in Maryland, including those in Anne Arundel County, Baltimore County, Carroll County, Harford County, Howard County, Montgomery County, Maryland’s Western Counties, Prince George’s County, Queen Anne’s County, Southern Maryland, and the Eastern Shore, as well as the communities of Catonsville, Essex, Halethorpe, Middle River, Rosedale, Gwynn Oak, Brooklandville, Dundalk, Pikesville, Nottingham, Windsor Mill, Lutherville, Timonium, Sparrows Point, Ridgewood, and Elkridge.