If you or someone you love was recently injured in an accident, then you probably have a lot of questions that need answers right away. At The Law Office of John R. Discavage, P.A., we understand how important these concerns are, and that they get addressed as quickly and efficiently as possible. We offer a free initial consultation where you can meet with our attorney one-on-one so that you can gain a solid sense of direction about where your case is heading. Our attorney has over 15 years of personal injury experience, and we offer payments plans and flexible appointments to make things easier on you. Also, if you cannot come to our office, we are willing to travel to your home or your hospital room.
We serve clients all throughout Frederick and the surrounding counties of Washington, Carroll and Montgomery. We have compiled a list of frequently asked questions; we encourage you to continue reading and to get more familiar with this website. For further information, please don't hesitate to contact us to schedule your initial consultation with our attorney.
In the legal world, personal injury refers to an injury to the body, the mind, or the emotions, as opposed to an injury to someone's personal property. Personal injury is a term that is used for a type of tort lawsuit, in which case the plaintiff is alleging that their injury was caused by the negligence of another person or entity.
While the possibilities are endless, the most common types of personal injury claims include: car accidents, motorcycle accidents, workplace accidents, slip and fall accidents, and product liability claims (dangerous and defective products).
Premises liability refers to legal and financial liability of the landowner for certain torts that occur on their property. This can involve injuries that were caused by a variety of different conditions or situations such as dog bites, slippery floors, uneven pavement, standing water, insufficient lighting, defects in benches or chairs, falling objects, inadequate security, and many more. In many cases when someone is injured on another's property, the property owner or tenant can be held liable for any damages that occurred from the injury.
In personal injury law, negligence refers to conduct that falls below the standards of behavior that are established by law for protecting others from unreasonable risk of harm or injury. For example, it would be negligent to drink and drive and it would also be negligent to run a red light. With a personal injury claim, the plaintiff (injured party) must prove that the defendant was negligent in their conduct and that as a result of that negligence; the plaintiff was injured or harmed in some way. In a personal injury lawsuit, the burden of proof is on the injured party to prove that the defendant failed to act as a reasonable person would have acted under the same set of circumstances. For example, if a driver was speeding 20 mph above the speed limit and caused a serious car accident, a reasonable person would not have driven so recklessly and thus the accident could have been entirely prevented.
Each state has enacted its own "statute of limitations" in civil lawsuits. A state's statute of limitations law restricts how long you have to file a civil lawsuit such as a personal injury lawsuit or a medical malpractice lawsuit. If you fail to file a lawsuit within your state's statute of limitations, then you lose your right to file a lawsuit permanently.
In Maryland, the statute of limitations for personal injury lawsuits is typically 3 years. (Md CTS. & Jud Proc. Code § 5-101). For medical malpractice claims, the limit is 3 or 5 years depending upon when the injury was discovered. (Md. Cts & Jud. Proc. Code § 5-109)
While you can represent yourself in some personal injury claims, it is not recommended. Whether you are in the hospital or at home recovering, most ordinary people know little about the law and what their claim is worth, and when you're injured you're at an even greater disadvantage. Believe it or not, insurance companies take advantage of peoples' ignorance and as a result, they wind up paying out as little as possible which can translate to thousands of dollars lost in compensation. When your future and your recovery rely heavily on a sizeable settlement, you shouldn't rely on yourself to get the job done, let a professional handle it.
Every personal injury claim is different so there is no definitive answer to that question. Factors that go into the value of the claim are the extent of the injuries, the extent of the medical bills, the lost income, the anticipated future lost income, the extent of the pain and suffering and also any property damage (as in a motor vehicle accident). For example, if someone experienced minor whiplash injuries and $3,000 worth of damage to their vehicle, the claim would be worth far less than in a case where someone sustained severe spinal cord injuries (permanent paralysis) and had their vehicle totaled in the auto accident.
If you or someone you love was injured in a car accident, or if you were injured on someone else's premises, or if your family member lost their life in a wrongful death accident, then we urge you to contact our firm right away. Since there is a statute of limitations in personal injury claims, the sooner we get started the better. At The Law Office of John R. Discavage, P.A., our primary goal is to help you obtain as much financial compensation as possible and to bring the person or business responsible to justice for their negligent actions. Contact us today so you can schedule a free consultation with a member of our legal team.