There is often inherent risk involved when you are in the workplace, are traveling in Maryland or undergoing medical treatment. Sometimes, accidents happen, and no one is at fault. At other times, however, another person’s (or several people’s) negligence is a direct cause of an accident. In such cases, those who suffer personal injury can seek restitution for damages.
For example, if a person suffers injuries on the job because the equipment he or she was using at the time was defective, the manufacturer may be liable for damages. If someone is driving a car on a Maryland highway when another driver runs a red light, which causes a collision, those who suffer injuries may file a legal claim in civil court. Such claims are often filed when injuries occur in a medical setting due to a physician’s, nurse’s or other team member’s or even an administrator’s negligence.
Carelessness, recklessness or intentional harm
As mentioned earlier, a driver running a red light then hitting another vehicle and causing injury to someone is an example of negligence. Such negligence may be caused by carelessness or reckless behavior. You would also have legitimate cause to file a personal injury claim if damage was caused by malicious intent.
Examples of malice might include assault, attempted murder and other violent crimes. When presenting an injury claim in court, a plaintiff must demonstrate that several elements exist. This is why it is helpful to seek guidance from someone who is experienced in this type of litigation before proceedings begin.
Personal injury litigation is complex and stressful
A plaintiff in a personal injury case must convince the judge or jury that the defendant owed a duty of care and failed to carry it out. The plaintiff must also demonstrate that the defendant’s negligence is what caused the damages that occurred. That leads to a final point, which is that damage must have occurred. State laws govern what can be included in a list of damages, as well as the maximum compensation that may be requested for specific damages.
If a person dies because of his or her injuries, an immediate family member may file a wrongful death claim against the person or people deemed responsible for the incident. In such cases, the family member is acting in the decedent’s stead because if injuries hadn’t proved fatal, he or she would have been entitled to file a legal claim. Compelling testimony is typically a key factor to obtaining a favorable ruling in a wrongful death case.
