Rockville Maryland Personal Injury Lawyers
Have you, or a loved one, been the victim of an accident in Frederick County, Montgomery County or P.G. County? Did the accident cause you to miss time at work, endure physical pain and suffering and force you to seek medical attention? If so you need the help of our Rockville Maryland personal injury lawyers as they protect victims who are harmed by the negligence of another person or entity. Contact our Rockville Maryland personal injury lawyers immediately for a consultation.
Maryland Negligence Laws
Negligence is defined as the failure to act with the prudence that a reasonable person, under the same circumstances, would have exercised. Negligence occurs when a defendant’s conduct imposes an unreasonable risk upon another, which results in injury to that person. Every person has a legal duty which requires that he or she conduct himself according to a reasonable person standard, so as to avoid unreasonable risk to others. If someone fails to conform with that duty and causes injury to another person, he or she may be liable for the damages caused. Consulting with our Rockville Maryland personal injury lawyers is a wise move as they will fight to get you the benefits and compensation you are entitled to under Maryland personal injury laws.
Here are examples of the types of claims we represent in Personal Injury:
Maryland Tort Laws
The tort of “negligence” occurs when a defendant’s conduct imposes an unreasonable risk upon another, which results in injury to that person. It is interesting to note that the negligent actor’s mental state is irrelevant. The components of a negligence action are:
Generally, a person owes everyone else with whom he comes in contact a general “duty of care.” Normally, you don’t have to worry about this duty – it is the same in all instances, the duty to behave with the care that would be shown by a reasonable person.
A personal injury plaintiff must show that defendant’s conduct imposed an unreasonable risk of harm on him/her. It is not enough for a personal injury plaintiff to show that a defendant’s conduct resulted in a terrible injury. Rather, the personal injury plaintiff must show that defendants conduct, viewed as of the time it occurred, without benefit of hindsight, imposed an unreasonable risk of harm. When determining whether the risk of harm from D’s conduct was so great as to be “unreasonable,” courts use a balancing test:
“Where an act is one which a reasonable person would recognize as involving a risk of harm to another, the risk is unreasonable and the act is negligent if the risk is of such magnitude as to outweigh what the law regards as the utility of the act or of the particular manner in which it is done.” Thus, the reasonableness of Defendant’s conduct is viewed as an objective standard. The jury must determine, would a “reasonable person of ordinary prudence,” in Defendant’s position, have acted the same way? Defendant does not escape liability merely because she intended to behave carefully or thought she was behaving carefully. If Defendant has a physical disability, the standard for negligence is what a reasonable person with that physical disability would have done. The ordinary reasonable person is not deemed to have the particular mental characteristics of Defendant.
Once negligence has been proven the Plaintiff may recover damages. Damages, may include:
If you’ve been injured because of someone else’s negligence, Call our Rockville Maryland Personal Injury Lawyers at (301)251-2772 or email firstname.lastname@example.org. We are here to help you every step of the way.
Our Rockville Maryland personal injury lawyers help those with legal needs throughout the entire Washington D.C. metro area and suburban Maryland including: Bethesda, Bowie, Bladensburg, Capitol Heights, Chevy Chase, Emmittsburg, Frederick, Gaithersburg, Germantown, Glen Echo, Glenmont, Greenbelt, Grassmanor, Hagerstown, Hyattsville, Kensington, Landover, Lanham, Middletown, Montgomery Village, Mount Airy, Mount Rainier, New Carrollton, Olney, Poolesville, Riverdale Park, Silver Spring, Takoma Park, Thurmont, Upper Marlboro, Urbana, Walkersville & Wheaton, MD.