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Mishaps are fairly commonplace. The pain and confusion that can result when an accident or injury happens to you or a loved one can often leave you lost and confused with no where to turn. If you decide to take steps toward protecting your legal rights after an accident or injury, you may have a number of general questions about "personal injury" cases. Here are a few answers to common questions and a few tips for what you should do immediately following the accident or injury.
Auto Accidents
Tragically, automobile accidents remain the leading cause of death of children between the ages of 2 and 14 in the United States. Annually, approximately 250,000 children are injured in automobile accidents.
The financial costs associated with having a loved one catastrophically injured or killed in an automobile accident can be devastating to any family. Frequently, the families of those catastrophically injured or killed in an automobile accident are unaware that the accident may have been caused by another’s negligence. Too often, the uninformed victims of automobile accidents and their families are sentenced to a lifetime of despair and financial peril, unaware that they may be entitled to potentially substantial compensation
We will help you find the answers by determining what really caused any automobile accident resulting in the catastrophic injury or death of your family member or loved one.
Medical Malpractice
Medical malpractice occurs when a patient is harmed by a doctor (or other medical professional) who fails to competently perform his or her medical duties.
Maryland medical malpractice cases must show that the healthcare professional who treated you breached, or violated, the "standard of care". "Standard of care" are the generally accepted procedures and practices used by medical professionals within the same geographic area when treating patients with a particular disease or disorder.
In addition to showing the doctor breached the standard of care, you must also show that the breach caused your injuries.
Examples are:
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Misdiagnosing or failing to diagnose a problem
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Failing to administer treatment properly
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Prescribing the wrong medication for an illness
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Failing to inform a patient about the risks of treatment
If the medical malpractice claim is decided in your favor you will be awarded compensatory damages. In rare situations, patients may also collect punitive damages. These damages are awarded to punish the medical practitioner, but you must prove that the healthcare professional did one of a number of hard to prove things like having malicious intent.
Civil Trial Practice
In a civil trial, a judge or jury is presented with and examines evidence to decide whether, by a "preponderance of the evidence," the defendant should be held legally responsible for damages alleged by the plaintiff.
After both sides have presented their arguments, a judge or a jury determines whether to find the defendant liable for the plaintiff's claimed damages, and if so, the amount of money damages or some other remedy a defendant must pay.
Personal Injury
Workers Compensation
In personal injury cases, the injured person (plantiff) is paid money damages by the person or company (the defendant or their insurer) who is found to be legally responsible for the accident. The damage award can be a negotiated settlement -- among the parties, their insurance companies, and their attorneys or may be ordered by a judge or jury following a trial.
Most personal injury damages are classified as "compensatory," meaning that they are intended to compensate the injured plaintiff for what was lost due to the accident or injury.
There are different types of compensatory damages. Here are the most common types:
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The cost of medical care associated with the accident
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Compensation for the accident's impact on your salary and wages
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Reimbursement for any vehicles, clothing, or other items were damaged as a result of the accident
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Compensation for pain and serious discomfort that can be attributed to the accident
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Emotional distress damages including fear, anxiety, and sleep loss
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"Loss of enjoyment" when injuries keep you from enjoying day-to-day pursuits like hobbies, exercise, and other recreational activities
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"Loss of consortium" when injuries have an impact on the plaintiff's relationship with their spouse -- the loss of companionship or the inability to maintain a sexual relationship
Workers’ Compensation Laws provides a way for employees who are injured on the job to receive payment for lost wages and medical expenses related to the injury.
In order to qualify, the employee must have sustained their injuries as a result of the conditions required by the employer for doing the job and the injury must have occured when the employee was doing the job.
Under MD Code Labor & Employment Titlel 9, Subchaper 6, the amount of money awarded to the employee's depends on the severity of the injury.
Successful claims cover medical expenses, partial payment of lost wages, and, in the case of death, funeral expenses. Additional compensation is also provided for cases of severe and permanent injury. If the injury prevents the employee from return to their job, the employee may get vocational training and counseling for a new job.