As unfortunate as it is, an accident can occur at any time. As a result, you may experience an injury that limits your ability to work, complete tasks and spend time doing the things you love. If this accident could have been avoided, you may be weighing your legal options and wondering about what a personal injury case might look like. Though this process may seem complex, time-consuming or overwhelming given your current condition, our expert attorneys at Hoffman, Comfort, Offutt, Scott & Halstad are always on hand to assist you and your loved ones.
What is Considered a Personal Injury?
What constitutes a personal injury? A wide variety of scenarios fall under this umbrella. No matter the situation, you deserve to have a legal professional review the circumstances and help you receive the compensation you deserve. More than likely, negligence on behalf of another party is involved. In Maryland, the statute of limitations on personal injury cases is 3 years from the date the harm occurred. It is very important to report a personal injury as soon as possible.
A personal injury can include any of the following:
- Pedestrian accidents
- Trips, slips and falls
- Premises liability
- Defective products
- Auto accidents
- Wrongful death
What is Negligence?
Negligence is doing something that a person using reasonable care would not do, or not doing something that a person using reasonable care would do. Reasonable care means any caution, attention, or skill a reasonable person would use under similar circumstances.
How Fault is Determined
This is where it helps to have an attorney on your side. A personal injury attorney will look into your case, discover who is at fault, and present your case to the court. In this kind of case, research must be done, evidence collected, witnesses interviewed, and arguments prepared. Once fault is established, the defendant may have to compensate the plaintiff for the damages caused by the accident.
Common Defenses to Be Aware Of
Even if you have a clear idea of how your personal injury occurred or you know the opposite party is at fault, the defendant may come to court with a defense. In many cases, they will want to disprove their own fault or reach a compromise that will benefit them. They may even try to prove you were at fault yourself. Here are a few common defenses to keep in mind:
- Contributory Negligence. Even if the defendant was at fault in causing the accident, they may try to show that you were also responsible in some way. If you were even 1% responsible for the accident you will not recover a dime for your injuries.
- Assumption of risk. If it can be proven that you had complete knowledge of the risks involved, but you proceeded anyway and were injured, you will not receive a recovery.
Hoffman, Comfort, Offutt, Scott & Halstad Can Help With Your Personal Injury Case
Hoffman, Comfort, Offutt, Scott & Halstad LLP is an established law practice dedicated to assisting auto accident victims throughout Maryland. We specialize in wills, estates, trusts, family law, personal injury law, business law, elder law and real estate law. To get in touch or schedule your consultation, call us at your convenience at (410) 848-4444. We are here to help you get the compensation that you deserve and start on the path to healing.