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How Is Pain and Suffering Proven?

Published on Sep 16, 2022 at 10:27 pm in Personal Injury.

How Is Pain and Suffering Proven
Personal injury incidents such as slip and fall accidents, dog bite attacks, vehicle crashes, and medical malpractice scenarios often leave victims with serious injuries that require treatment and surgery. Some victims may even initially survive an injury incident only to lose their lives after being hospitalized for days or weeks. The common element here is that personal injury victims often spend significant time languishing in pain and suffering before ultimately reaching maximum medical improvement (MMI), or until it claims their life.

While many individuals worry about the monetary losses associated with personal injury incidents, like medical bills and losses, pain and suffering have a price too. Below, we’ll explain how pain and suffering is proven and how Baltimore insurance companies and personal injury attorneys assign a monetary value to non-economic damages such as this.

What’s the Role of an Expert Witness?

Published on Aug 10, 2022 at 6:21 pm in Personal Injury.

expert witness

Personal injury incidents like car accidents can significantly alter a person’s life. Situations like these may not only temporarily affect a person’s ability to live as fulfilling of a life as they otherwise would have, but even claim their life.

While most personal injury cases are settled pre-litigation, a small handful go to trial. Personal injury attorneys handling these Maryland cases may need to solicit the services of an expert witness to help prove negligence or liability.

How a Gap in Medical Treatment Can Affect a Personal Injury Claim

Published on Sep 30, 2021 at 6:34 pm in Personal Injury.

open book calendar

As personal injury lawyers with decades of experience practicing law, we have seen the scenario many times: A person is injured in an accident that was not their fault. They sought medical help and were diagnosed with an injury. But later, they missed a physical therapy appointment or forgot to fill a prescription. Without a knowledgeable lawyer to defend them, that small misstep could cost them thousands of dollars in a personal injury claim.

The Differences Between Wrongful Death and Manslaughter

Published on May 7, 2020 at 7:29 pm in Personal Injury.

Court house

No matter how it happens, the death of a loved one is tragic. Coping with the loss, however, may be more difficult if their passing was the direct result of another person’s actions. When someone causes a person’s death, there are laws that can hold them accountable. The laws that apply, however, depend on the circumstances surrounding the death. If you’re planning on taking legal action for the preventable passing of a family member, you’ll need to understand the differences between wrongful death and manslaughter. To understand those differences, let’s start by taking a look at how civil and criminal cases differ.

Exceptions Made in Injury Claims for Statutes of Limitations Involving Minors

Published on May 1, 2020 at 3:53 pm in Personal Injury.

Little girl holding hands with parents

When someone is injured as a result of another party’s negligence, the injured victim has the right to file a personal injury claim to seek compensation for their related losses—including medical bills, lost wages, and pain and suffering. Personal injury claims, however, are subject to statutes of limitations. In Maryland, most injury claims must be filed within three years of the date of the accident. If that time passes, it’s likely the victim will no longer be able to take legal action or be eligible for compensation. In some situations, however, especially when a minor is injured, exceptions are made to lengthen the statute of limitations.

Why Punitive Damages Are Rarely Awarded in a Personal Injury Trial

Published on Apr 16, 2020 at 6:22 pm in Personal Injury.

Courthouse

If you’ve been in an accident and believe negligence played a role, you have the right to file a personal injury claim to seek compensation for your losses. As you will learn through the claims process, there are different types of damages you can seek—the most common being economic and noneconomic. Depending on the circumstances, however, you may be eligible for punitive damages. Let’s take a look at what punitive damages are and why they are rarely awarded in a personal injury trial.

Strict Liability: What Does It Mean and Why Does It Apply?

Published on Mar 12, 2020 at 3:18 pm in Personal Injury.

Person signing document

When you’ve been wrongfully injured, it’s your legal right to file a personal injury claim to seek monetary recovery for the damages you incurred. Depending on your situation, there are a number of legal theories that could apply to and affect your claim. If you’re dealing with a dangerous product or animal attack, strict liability could apply. This is the theory that allows plaintiffs to prove they’re owed compensation because of the legal responsibility of the party that caused their injuries. Let’s take a look at what strict liability means and why it applies to certain cases.

How Does the Burden of Proof Apply to Negligence Claims?

Published on Feb 13, 2020 at 12:48 pm in Personal Injury.

American flag flying in front of court house

If you’re in the process of filing a personal injury claim, you’ll benefit from understanding how it works and what a successful claim looks like. When it comes to proving you’re deserving of compensation for your injuries and losses, your attorney will need to build a claim that meets the burden of proof. This legal term refers to being able to believe something beyond a certain level of doubt.

The lawyers at Belsky, Weinberg & Horowitz, LLC understand how confusing and complicated civil cases can seem when you’re dealing with legal terminology. That’s why we make sure to break the information down for our clients so it’s digestible and they feel comfortable with how their cases are being handled. Let’s take a closer look at how the burden of proof applies to negligence claims.

What Types of Cases Do Personal Injury Lawyers See Most Often?

Published on Jan 29, 2020 at 10:32 pm in Personal Injury.

There are many situations where someone’s actions could result in injuring a loved one or you. If you’ve suffered financial losses, you may be able to seek legal action. When you do this, it’s important to have an experienced professional at your side. A personal injury lawyer will know the laws that apply to your case, how to evaluate what happened to you, consult with experts if necessary, and will determine a fair compensation amount, and fight for you to get the justice you deserve.

If you’ve been injured in Maryland, the lawyers at Belsky, Weinberg & Horowitz, LLC may be able to help you get on the path to recovery. Our lawyers have experience in the myriad areas of personal injury law. When seeking help, you may wonder if your personal injury lawyer has seen cases like yours before, and our lawyers have handled all types of cases. While some cases may be more typical than others, you can rest assured that our personal injury attorneys will approach your case with expertise.

Before learning more about how our firm can help you, let’s take a look at the more common types of personal injury cases:

What to Expect When Going to Trial for a Personal Injury Claim

Published on Jan 16, 2020 at 4:43 pm in Personal Injury.

Front of court house

If you’re considering filing a personal injury claim, you’ll probably want an idea of what will happen as your case progresses. While many cases settle outside of court, there’s always the chance you’ll need to go to trial. Knowing what to expect when going to trial can ease your concerns and help you understand what’s happening and why. Let’s take a look at what happens when you file a lawsuit from step one:

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