When an injury occurs, you often have many questions to address on top of the pain. These questions can include: What caused the injury? Will you be able to continue working with the injury? What will the costs be for any needed medical care? How do you call a lawyer?
In some cases, where the injury was caused by the negligence of someone else, you may be entitled to compensation that helps you cover those bills and lost wages. Understanding how to get compensation can be a difficult process, so it’s essential to know how to define personal injury law and how it applies to you and your injury.
At Zirkin & Schmerling Law, your well-being is our top priority. We are here to provide comprehensive legal support to help you navigate through these challenging times.
Defining Personal Injury Law
Personal injury law, or tort law, is an area of law that covers injuries arising from the negligence of someone else. Examples of this can be varied and include an accident caused by a distracted driver or slipping and breaking an arm in an icy parking lot.
In one case, negligence is directly related to the accident, such as a driver crashing into your car. In the other, the accident results from a business owner neglecting the care and upkeep of their parking lot. It’s important to note that personal injury law also covers wrongful death, in cases where a loved one lost their life due to another’s negligence.
Personal injury law includes both physical and emotional damage and the at-fault driver is responsible for any actual bills that you incur as a result of the accident as well as future bills. These are called economic damages. The Defendant may also be responsible for how an accident affects someone’s life, the loss of enjoyment of life caused by the accident, and activities that have been curtailed or affected by the accident. These are termed “pain and suffering damages.”
For example, this means that if you are bitten by someone’s unleashed dog, the injury you receive from the bite itself, as well as any emotional trauma or PTSD from the dog attack, would both be covered under personal injury law, entitling you to compensation. You may also be entitled to damages based on how the permanent injuries, including scarring effects your life and your emotional state due to the attack.
What Are Some of the Damages Covered Under Personal Injury Law?
Damages covered by personal injury law are past, present, and future costs that result from a personal injury accident.
- Past damages include aspects such as medical bills and lost wages following the injury.
- Present damages include physical pain still occurring from the injury, mental trauma from the accident, and loss of enjoyment of life.
- Future damages can include permanent disabilities that result from the injury and may impact you for the rest of your life. For example, if you were a carpenter and lost the use of a limb, you could claim damages for the loss of your ability to work at your chosen trade.
- Pain and Suffering
- Loss of Consortium
What Is Negligence?
Personal injury usually involves negligence, which happens when the defendant didn’t meet their legal duty of care, resulting in the plaintiff’s injury. Negligence can include things like improper care of an area, not leashing or restraining an animal, driving under the influence, failing to pay attention while driving, and more.
In certain cases, the principle of strict liability applies, meaning the defendant is held responsible for harming the plaintiff regardless of how careful they were or what precautions they took.
However, this is limited to certain cases, such as consumer product liability claims. Another example where strict liability applies is when a dog attacks someone when they are ‘running at large.’
In some cases, something called contributory negligence may be a factor in any personal injury claims you make. This is a tool for the Defendant in your negligence case.
What Is Contributory Negligence?
Contributory negligence refers to situations where the injured party contributes in some way to their own injury or death. For example, if you were in a car accident but both you and the Defendant had some fault in the accident, that might be a case of contributory negligence. When insurance companies can prove that you were negligent in some way when you were injured, they may be exempt from paying out compensation for that injury completely. Contributory negligence in Maryland is a complete bar to recovery.
In some auto accident cases where you may be partially at fault for your injury, you may still be covered under personal injury protection as part of your insurance.
How Do You Define Personal Injury Protection?
Personal Injury Protection (PIP), also known as no-fault insurance, is a form of coverage under auto insurance. With it, your personal injury costs and the injury costs of any passengers in your vehicle will be covered, even if you are at fault. It can cover aspects such as medical bills and lost wages. It only covers amounts up to the limit of your PIP insurance amount, if you have PIP insurance.
When to Call a Lawyer After a Car Accident
If you or a loved one has been injured in a car accident, calling a lawyer and getting compensation may be the last thing on your mind. However, getting prompt help from a lawyer can be extremely beneficial.
It’s wise to always get a free consultation to have your case evaluated, regardless of the severity of your injuries. Your case will be much more successful if there’s documentation and proof. This could include receipts, doctor’s notes, medical bills, and other items that can help document the proof of the sustained injury and incurred expenses.
Additionally, a lawyer may be able to help you obtain documents or evidence that are otherwise hard to access. This may include elements such as police reports, witness statements, security footage, and more.
They can help you negotiate with insurance providers, file paperwork on your behalf, and represent you in court if needed. A dedicated and experienced lawyer will be best able to get you the fair compensation you deserve. Zirkin & Schmerling’s experienced attorneys are committed to delivering personalized legal strategies tailored to your unique needs and circumstances.
If your injuries are not immediately apparent, don’t worry. Under Maryland law, the statute of limitations for filing a personal injury claim is three years from the date of the accident.
How Do You Call a Lawyer?
Calling a lawyer should involve researching a lawyer or law firm that best fits your needs. For a personal injury lawyer, you can ask for recommendations from family or friends, as well as doing some research, such as googling “personal injury lawyers in Maryland” and then reading reviews online.
A law firm’s website will tell you the areas they practice in, as well as whether they offer free case evaluations. Their websites may also feature testimonials from previous clients, which can help determine their success rate and if they sound like the right fit for you.
With decades of local experience and a proven track record, Zirkin & Schmerling is dedicated to securing the best possible results for you and your family.
Contact Zirkin & Schmerling Law: Personal Injury Attorneys
If you or a loved one has been injured in an accident, Zirkin & Schmerling Law can help. Our personal injury attorneys bring years of experience helping victims throughout the state of Maryland get the compensation they are entitled to.
For peace of mind, we offer a Zero Fee Guarantee, meaning that you don’t pay anything unless we win your case. Call us today at 410-753-4611 or contact us online to discuss your case.