What Are Baltimore’s Underrated Personal Injury Claims? A Lawyer’s Perspective
Baltimore personal injury and car accident cases can be complex and highly dependent on specific circumstances and jurisdictions. Personal injury cases in Baltimore vary widely, and what may be considered undervalued by one injury attorney in one situation may not be the same in another- even in that same personal injury lawyer’s opinion. As a well-known judge is known to have said: “The facts are everything”. Or can be. Some general guidelines can be drawn. Even though each case is unique, some personal injury cases that are sometimes undervalued or overlooked include:
Perception is 90% of reality. The prevalence of certain of personal injury cases being filed in Baltimore, or Maryland generally, could vary widely for several reasons:
- Severity of Injuries: Cases involving severe injuries or fatalities tend to garner more attention from the media and the public. High-profile cases with catastrophic injuries or tragic outcomes are more likely to be widely reported.
- Celebrity Involvement: When a well-known individual, such as a celebrity, athlete, or public figure, is involved in a personal injury case, it often attracts significant media attention and public interest.
- Unusual Circumstances: Cases that involve unusual or unique circumstances, such as bizarre accidents, rare medical conditions, or unconventional legal arguments, are more likely to capture the public’s imagination. Some personal injury cases have more appeal than others.
- Legal Precedent: Cases that have the potential to set legal precedents or have far-reaching implications for similar cases in the future may receive more attention, as they can shape the legal landscape.
- Public Safety Concerns: Cases related to product recalls, defective products, or dangerous practices that pose a threat to public safety tend to receive more attention due to the potential impact on a larger population.
- Controversial Issues: Personal injury cases that touch on controversial social, political, or ethical issues often generate more discussion and media coverage. Examples include cases involving medical malpractice, police brutality, or sexual harassment.
- High Damages or Settlements: Cases with substantial damage awards or large settlements tend to attract attention, as they highlight the financial implications of personal injury claims.
- Legal Battles and Appeals: Lengthy legal battles, appeals, or high-stakes negotiations between parties can keep a case in the public eye for an extended period, leading to more coverage.
Geographic Location: Cases occurring in densely populated areas or regions with active media outlets are more likely to receive attention than those in less populated or remote areas. A serious car accident occurring in Baltimore Highlands, Biddle Street, Brewers Hill, Broadway East Butcher’s Hill might not as much coverage as that same accident occurring in Canton, or at the Dundalk Marine Terminal or Inner Harbor.
Legal Strategy and Tactics: Some cases are strategically pursued or litigated in ways that capture media interest. High-profile attorneys, aggressive legal tactics, or dramatic courtroom proceedings can make a case seem more newsworthy.
Personal injury claims can encompass a wide range of situations, and the underutilization of certain types of claims can depend on various factors, including public awareness, legal complexities, and the unique circumstances of the injuries. Some types of personal injury claims that might be underutilized or less commonly pursued include:
Product Liability Claims: These claims arise when a defective product causes injury. Some people may not realize they can hold manufacturers, distributors, or retailers liable for injuries resulting from faulty products.
Toxic Exposure Claims: Injuries from exposure to toxic substances, such as asbestos, lead, or harmful chemicals, can have long-term health consequences. These claims may be underutilized due to the complexity of proving causation and identifying responsible parties.
Medical Malpractice Claims: Medical malpractice occurs when a healthcare provider’s negligence results in injury or harm to a patient. These claims can be underutilized because people may not recognize instances of medical negligence or may be hesitant to pursue legal action against healthcare professionals.
Nursing Home Abuse and Neglect Claims: Cases of elder abuse and neglect in nursing homes can go unnoticed or unreported. Family members and victims may not be aware of their legal rights in such situations.
Dog Bite Claims: Injuries caused by dog bites can be underreported, and victims may not realize they can seek compensation from the dog owner’s insurance.
Slip and Fall Claims: Slip and fall accidents can occur on both public and private properties due to unsafe conditions. Victims may not always pursue these claims, assuming that their injuries are minor.
Assault and Battery Claims: Victims of assault or battery may not always seek legal remedies against their attackers, even though they may be entitled to compensation for their injuries. Often, the issue here is not one or merit, but rather collectability.
Recreational Accidents: Injuries occurring during recreational activities, such as sports or amusement park rides, may not always lead to legal claims, but there may be instances where negligence played a role. In some instances, participants must sign a waiver, or release, in order to engage in the activity.
Baltimore Workplace Injury Claims: An employee cannot sue their employer for negligence. Employees, though, may not always realize they can pursue personal injury claims in addition to workers’ compensation claims if a third party (not their employer) contributed to their workplace injury.
Intentional Infliction of Emotional Distress Claims: These claims involve severe emotional distress intentionally caused by another person’s extreme and outrageous conduct. They are less common due to the high threshold for proving liability. There is also inherent difficulty in proving damages, as they are largely, and in some instances, entirely, subjective.
It’s important to remember that the decision to pursue a personal injury claim should be based on the specific circumstances of the case, the severity of injuries, and the advice of a qualified attorney. Consulting with an attorney who specializes in personal injury law can help individuals understand their rights and potential claims in various situations.
It’s important to note that the popularity of a personal injury case in the media or public discourse does not necessarily reflect its merits or its value in legal terms. Just because it is perceived as a “sexy” case, or because a media outlet has chosen to cover it, does not mean the case is a winning one, or that that monetary stakes in the case are high. The attention a case receives can be influenced by a wide range of factors, and the perceived importance of a case may not always align with the legal outcome or the compensation awarded to the injured party.
- Baltimore Personal Injury Trial Lawyer Eric T. Kirk
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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.
