Westminster, MD Auto Accident Attorneys
Accident, personal injury and auto accident cases in Maryland (also referred to as personal injury cases or bodily injury cases) include:
- Automobile accidents
- Motorcycle accidents
- Slip and fall accidents
- Accidents caused by defective products
- Injuries caused by other persons (assault and slander for example)
- Injuries on the job (workers’ compensation)
Workers’ compensation claims, although accident cases, are addressed separately in this website because the laws relating to workers’ compensation cases are different.
Accident cases are grounded in theories of negligence. The law of negligence is founded on the concepts of reasonable conduct or reasonable care under all circumstances of a particular case. The doctrine of negligence rests on the duty of every person to exercise due care in his/her conduct toward others from which injury may result. When a person breaches their duty of care toward another person, it is said that they have committed a tort, i.e. an injury to the person or to the person’s property. The person who commits the tort is called the tortfeasor. A tort can be intentional, where the tortfeasor intended to do wrong; or the tort can be unintentional, where the wrongdoing arose because of the tortfeasor’s negligence (unintended wrongdoing). To prevail in a tort or negligence case, the injured party (the plaintiff) must prove the existence of a legal duty owed to the plaintiff by the defendant (tortfeasor), a breach of that duty, the proximate causal relationship between the breach of the defendant’s duty and the plaintiff’s injury, and damages. There are many kinds of damages. The most common are bodily injuries, medical expenses, property damage, and lost wages.
The most common type of negligence cases are motor vehicle and slip and fall accidents. Maryland requires that the plaintiff be 100% free from any wrongdoing. This is because Maryland recognizes the legal defenses of contributory negligence, assumption of risk and last clear chance. If the plaintiff contributed to the accident in any degree, assumed the risk of his/her injury, or had the last opportunity to prevent the accident, it is likely that the plaintiff will NOT be able to recover for his/her damages. Furthermore, if you are claiming that you slipped and fell on the defendant’s property because of some dangerous or defective condition, you must also prove that the defendant had prior notice of this dangerous or defective condition.
The laws of negligence vary from case to case. Cases against doctors and manufacturers of products, for example, have their own unique legal requirements. That is why you need a lawyer who is experienced in negligence and accident cases.
If you have been injured in an accident, it is critical that you retain an attorney immediately. The defendant and/or the defendant’s insurance company will have an attorney. You are at a serious disadvantage if you try to handle your case alone. Remember, the defendant’s attorneys are not looking out for your best interest. If they offer you money soon after the accident, it is most likely less than what the case is worth. Once you settle the case, you are not entitled to any more money regardless of your injuries. If you have been involved in an accident, we encourage you to remember the following advice:
Do not speak to the defendant’s attorney or insurance company
Do not sign any documents
Do not give recorded statements
Seek medical attention immediately and make sure the doctors document all of your injuries
Take pictures of the vehicles and the accident scene if you are physically able to do so
Get the police report or incident report number
Get as much information as you can about the defendant
Call us immediately – our 24-hour number is 410-876-6000
At the Law & Mediation Offices of Kirk Seaman, LLC, our Westminster Maryland car accident lawyers have been handling all types of accident cases for nearly 30 years and have recovered millions of dollars for our clients. We handle accident cases on a “no-recovery, no-fee” basis (see the Fees and Policies page). If you do not receive a settlement or award, we do not receive a fee. Expenses, however, are generally the client’s responsibility regardless of the outcome of the case.
Call our Westminster Maryland car accident lawyers today for aggressive representation!