Three Common Elements In Every Baltimore Personal Injury Case ?
Three Common Elements in Every Baltimore Personal Injury Case
Baltimore personal injury cases, whether stemming from car accidents, slip and falls, or professional malpractice, to be sure, share certain foundational elements that must be proven for a successful claim. Some argue the these common requirements are:
- Duty of Care – Baltimore drivers owe a duty to follow traffic laws and drive safely.
- Breach of that duty – Running a red light at a busy Baltimore intersection, or speeding constitutes a breach of duty for a driver.
- Causation and Damages – A car accident leading to a broken arm and medical expenses for a Baltimore resident.
This article does not address these burden or proof requirements, rather focusing on the larger picture common pieces of every single personal injury case filed in Baltimore.
Every Baltimore Personal Injury Case has Plaintiff Claiming Injury
What Is a Plaintiff in a Personal Injury Case? In a Baltimore personal injury case, the is the individual or party who initiates a lawsuit, claiming that they have been harmed or injured due to the negligence or wrongful actions of another party. The plaintiff seeks compensation for the damages they’ve suffered, such as medical expenses, lost wages, and pain and suffering.
Key Responsibilities of the Plaintiff, or of their chosen Baltimore personal injury lawyer:
Filing the Lawsuit. The plaintiff formally begins the legal process by filing a complaint in court. This document outlines their claims, the defendant’s alleged negligence, and the damages they are seeking.
Providing Evidence. Plaintiffs in a Baltimore Personal injury must present typically evidence such as medical records, and bills, an expert opinions.
Examples of Plaintiffs in Baltimore Personal Injury Cases:
- A driver injured in a car accident suing the at-fault driver.
- A pedestrian hit by a vehicle while crossing the street.
- A customer who slips and falls in a poorly maintained store.
- A patient harmed by a medical professional’s negligence.
Every Baltimore Personal Injury Case has a Defendant Alleged to Be Responsible
In a Baltimore personal injury case, the Defendant is the individual, company, or entity being accused of causing harm or injury to the plaintiff. The defendant is the party who must respond to the allegations made in the plaintiff’s complaint and may be held legally responsible for the damages if found liable.
Responsibilities of the Defendant: These obligations are typically met by the defendants liability insurance company.
Responding to the Lawsuit: After being served with the complaint, the defendant must file an answer or motion to dismiss in court within a specified timeframe
- Admitting or denying the plaintiff’s allegations.
- Presenting any legal defenses.
Negotiating a Settlement or Going to Trial:
The defendant may choose to settle the case out of court to avoid the uncertainty of a trial.
If no settlement is reached, the case proceeds to trial, where a judge or jury determines liability and potential compensation.
Examples of Defendants in Baltimore Personal Injury Cases:
- Drivers accused of causing car accidents through negligent actions like speeding or running a red light.
- Property Owners sued for failing to maintain safe conditions, leading to slip-and-fall accidents.
- Employers held responsible for workplace injuries.
- Medical Professionals accused of malpractice, such as misdiagnosis or surgical errors.
The Goal of Every Baltimore Personal Injury Case is Financial Recovery
This is where a seasoned Baltimore personal injury trial attorney may provide the most assistance, guidance and skill, to either a Plaintiff, or Defendant. A Baltimore accident lawyer representing an injured person will argue that, although a poor substitute for physical health, our judicial system recognizes that a financial recovery, in the form of money damages, is the best way to make that injured person whole. A lawyer representing a defendant, may argue that the defendant did not cause the injury or the accident. A scenario occurring just as frequently may well be that defense attorney arguing that although the defendant caused the accident, the injury was actually caused by some other agency or event [ a “pre-existing condition” is a favorite].
- Baltimore Personal Injury Trial Lawyer Eric T. Kirk
- Baltimore Car Accident Legal Analysis & Case Studies
- Baltimore Neighborhoods I Serve
A Baltimore car accident and personal injury litigator who has taken hundreds of cases to trial in Maryland, New York and Florida, recovering millions over a 30-year mission to obtain denied compensation for his clients.
