Accidents often occur in a moment’s notice; however, the impact they have on a victim can last a lifetime. Even seemingly minor accidents can result in an accident victim incurring tremendous hospital bills, missing days or weeks of work, and experiencing lingering pain or other physical limitations. Through a personal injury lawsuit, Maryland accident victims can recover monetary compensation to cover these expenses.
When Can You Bring a Maryland Personal Injury Lawsuit?
Personal injury claims are based on the legal theory of negligence. Thus, to prove a claim, an accident victim must be able to establish each of the following four elements:
- Duty – the other party owed the accident victim a duty of care;
- Breach – the other party violated the duty of care they owed to the accident victim;
- Causation – the other party’s actions were the cause of (or a contributing factor to) the victim’s injuries; and
- Damage – the accident victim suffered economic or non-economic damages as a result of the accident.
While proving these elements may seem straightforward in theory, in practice, the process can be challenging. In large part, this is because of the involvement of insurance companies. In most Maryland car accident cases, it isn’t the at-fault driver who defends a case, it’s their insurance company. And insurance companies spend astronomical resources to avoid liability, which too often means that accident victims are outmatched.
What Damages Are Recoverable in a Maryland Personal Injury Cliam?
Accident victims who successfully bring a personal injury case can recover both economic and non-economic damages related to the accident. Economic damages represent the out-of-pocket expenses someone had to pay as a result of the accident, as well as any money they would have otherwise earned but couldn’t because of the accident. For example, medical expenses, future medical treatment, lost wages, decrease in earning capacity and property damage are all common types of economic damages. Non-economic damages are a bit harder to conceptualize, although they are equally as important. Non-economic damages refer to the emotional and psychological costs an accident victim endures because of the accident. For example, physical pain, emotional distress, loss of familial relationships, long-term disability or disfigurement and overall decreased quality of life are all compensable through a non-economic damages award. However, unlike economic damages, non-economic damages cannot be established by presenting paychecks and medical bills. Instead, these damages require an accident victim tell a compelling story about how the accident impacted their life and what limitations they face as a result.
Have You Been Injured in a Maryland Accident?
if you or a loved one was recently injured in a Maryland accident, reach out to the dedicated personal injury lawyers at Lebowitz & Mzhen, LLC. At Lebowitz & Mzhen, we proudly represent accident victims and their families in all types of personal injury claims, including car accidents, slip and falls, incidents of medical malpractice, as well as wrongful death claims. To learn more about the services we provide, and to schedule a free consultation with a Maryland accident lawyer today, call 800-654-1949 today. You can also reach us through our online contact form.