Have you or someone close to you been injured in a car accident or attacked by dog? Or do you want to purse a wrongful death claim in Baltimore and you need an attorney? Baltimore personal injury attorney rafaellaw.com is the attorney you need.
We have put up this article to help you go through your personal injury case. We hope you find the information here useful.
Who is Personal Injury Attorney Maryland Rafaellaw.com?
Rafaellaw.com is the official website page of the law office of Elan B Rafael LLC, a personal injury attorney based in Baltimore and it is situate at 3604 Eastern Avenue Suite 100 Baltimore, MD 21224.
Elan Rafael was criminal defense attorney before he developed passion for helping victims of personal injury as has been in practice since 2003.
Whether you need an attorney to go against insurance company in other to get compensation or helps victims of personal injury in Baltimore and other surrounding communities to recover compensation, you can reach Rafaellaw.com via +1 410-996-4999
Personal Injury Attorney Maryland Rafaellaw.com Areas of Specialty
Despite the fact that each personal injury case is unique, certain types of cases frequently involve injuries. With similar forms of evidence and legal arguments, these cases are frequently treated similarly. Some of the most typical case types that our attorneys deal with are listed below:I
Injuries from slip and fall
People could sustain significant injuries if someone doesn’t keep their property secure for visitors and bystanders. Doing routine maintenance, clearing ice and spills, and posting warning signs to alert people to the dangers can often avert these types of accidents.
You might be allowed to file a lawsuit against the person who caused your slip and fall or trip and fall injuries if they violated these requirements.
Automobile Accident Injuries
One of the riskiest activities that the majority of individuals will ever engage in is driving a car. A car accident may result in minor, severe, or even deadly injuries.
If you were hurt in a car accident or lost a loved one, your insurance company might not be able to provide you with the financial support you require. In this case, you may need to consult a lawyer about bringing a lawsuit for your injuries.
Injury from Premises Liability
Although slip and fall accidents are among the most frequent types of premises liability injuries, other injuries may result from flaws or hazards on someone else’s property. You risk electrocution, burns, injuries from a building collapsing, falls into hazardous areas, falls from heights, and other injuries if a property owner neglects to address wiring, structural, or other hazards on the site. Injury from Medical Malpractice.
When you seek medical attention, you anticipate that the doctor will make every effort to identify your ailment and assist in your recovery. When a doctor’s treatment falls short, you can often seek compensation for any financial or physical consequences.
Birth injury cases are a sadly prevalent subsection of these instances, in which babies experience injuries or health issues as a result of medical errors.
Birth Trauma
Regrettably, birth-related injuries to both the mother and the baby might leave your child with lifelong difficulties. These issues are frequently the result of human mistake and might have been avoided or lessened if managed appropriately.
Speak with one of our lawyers to learn more about your legal options for holding medical personnel accountable when their negligence results in a serious birth damage.
Wrongful Death
In many cases, the surviving children, spouse, or parents of a fatal accident victim file a lawsuit against the negligent party on account of the passing of their loved one.
You must establish that the negligent party’s actions caused your loved one’s death in order for your case to succeed in wrongful death court. This process is essentially the same as it is in other injury cases. These cases can be assisted by our attorneys.
In addition to these situations, you might be entitled to file a lawsuit for any unintentional injuries brought on by someone else’s carelessness. Our attorneys can look into your injury claim, question witnesses, and develop a solid case to assist you acquire the money you require in compensation. Set up a free legal consultation with our experts today for assistance with your case.
Product Liability: Occasionally, products that make our life easier can cause accidents. A manufacturer may be responsible for any injuries that its product causes if it has a manufacturing or design error.
If you were hurt, do not presume that you utilized the product improperly. To find out if you have a case, contact one of our personal injury lawyers in Maryland.
Injury to the spinal cord: Spinal cord injury victims may experience severe pain and suffering as well as partial or complete paralysis. The rest of the body is normally affected by spinal cord injuries below the place of injury, while injuries high up the back or neck can occasionally result in tetraplegia or quadriplegia.
Paraplegia may result from lower back or mid-back injuries. You might still have problems walking or moving if the spinal cord is not severed, and you might require extensive medical treatment that the person or entity responsible for your harm would be required to pay for through a lawsuit.
How Personal Injury Attorney Maryland Rafaellaw.com Charge?
Most Attorneys charges contingency fee- that is, you won’t be required to pay up front fee before your case goes to court. In other words, you will only be required to pay only and when the attorney wins your case for you and based on agreed percentage.
Some of the law offices in Baltimore also offer free legal consultation. So, you don’t have to worry about incuring further expenses in addition to large medical bills you may have been confronted with. Take your time and find an attorney whose work ethics suit your case.
How Personal Injury Attorney Maryland Rafaellaw.com can help you
Negotiations with your insurance Company: It is not always easy going against insurance company. Regardless of how nice they may seem, one thing is certain that every insurance company want to make profit, and reduce the compensation that would be available to you.
When you go to negotiate with your insurance company, remember that they have experts who have been in the business of negotiating and paying compensation.
Don’t be in a haste to accept the money they will offer you. Speak with your lawyer first before taking a decision. So, that you won’t be coerced into accepting less than you deserve.
- Represent you in court
- Gather evidence: the law firm will also assist you to gather the evidence you need to succeed in court.
Frequently asked Questions about Personal Injury Attorney Maryland Rafaellaw.com
Are Legal Representation Necessary in Personal Injury Cases?
If someone is injured as a result of the carelessness, recklessness, or international behavior of another, a personal injury lawyer fights to ensure that they are reimbursed. These injury attorneys battle for payment of medical bills, lost earnings, and other costs incurred during and after the accident in addition to ensuring that the sufferer receives compensation.
Injury attorneys in Maryland with experience with injury claims can help their clients through the process of healing and getting back to life after an injury.
An insurance company is typically involved in personal injury claims. A lawyer is qualified and skilled to negotiate with insurance providers and is familiar with Maryland’s insurance regulations.
People can dramatically enhance the amount of compensation they will receive and avoid any mistakes that could jeopardize their injury claim by working with a personal injury law firm. Making sure a statute of limitations is not missed, for instance, or that a no-fault insurance claim is not abandoned due to inaction.
Yet not every injury calls for a claim or attorney. the two key inquiries you should make if you think you have a case for an injury.
1. Were you hurt at all? and
2. Was someone else responsible for the harm?
If the answer to either of these questions was “Yes,” you ought to speak with a personal injury attorney right away.
What is the Statute of Limitations on Personal injury in Maryland?
You typically have three years from the date of your injury to file a lawsuit in Maryland to recover damages associated with that injury.
In order to prevent defendants from being sued several years after an accident, statutes of limitations are put in place. It is also advantageous for a lawsuit because valuable evidence becomes less accessible with time.
Even though you have three years to file a case, you shouldn’t wait until it’s almost too late. A successful personal injury case requires time and evidence to develop. Waiting too long will significantly disadvantage both you and your lawyer.
There is an exeptions to rule on statue of limitations.
There are a few circumstances when you may be able to launch a case after the three-year statute of limitations has passed. For example, the three-year clock does not begin until the handicap that you had at the time of the accident ends. The injured victims who were minors at the time of the tragedy are also included in this
Another exception is cases of medical malpractice. The injured party typically has three years from the date of the injury to submit a claim. But it’s not unusual for it to take years to realize a medical error happened. Medical malpractice lawsuits do have a discovery exception, but it only lasts for five years after the incidence.
What does it Cost to Personal Injury Attorney Lawyer in Maryland?
For the majority of personal injury cases they take on, a Maryland personal injury attorney will often charge a contingency fee. A contingency fee is a legal charge that is dependent on the outcome of the case.
In other words, the attorney receives a portion of any financial recovery (money won by a settlement or court order) in the case.
Also, it indicates that the client is not responsible for paying the attorney’s fees or the costs paid by the legal firm if no money is recovered (zero verdict).
If the case is settled, the industry standard for contingency fees in a personal injury suit is typically 33%. 40% if a lawsuit is launched, and 0% if the matter is settled.
Why is the cost higher if a lawsuit is filed, you might be wondering. The legal team will need much more time to fight the case if a lawsuit is necessary.
Motions, complaints, the use of experts, taking of depositions, accident reconstruction, and the time needed for the case to be heard by a judge or jury may all be necessary.
Let’s use $200,000 as an example of the amount the law firm was able to recover. If the lawsuit is settled, the attorney’s fee will be 33%, or $66,000, leaving the wounded client to pay the remaining $134,000. However, if a lawsuit is necessary, the client will earn $134,000 in addition to the $66,000 legal fee.
What is the Maryland personal injury lawsuit filing process?
In order to properly resolve a personal injury claim, a personal injury attorney might be beneficial. It might be challenging to prove your case and determine what your claim should be worth if you are unfamiliar with torts and personal injury law. Having a skilled injury lawyer on your side can frequently be the difference between your case succeeding or failing.
Attorney file a “Complaint”
To file a personal injury case, you deliver a “complaint” to the court. The defendant (the party you are suing), their wrongdoing, and the damages they caused you are all outlined in this paper.
You will also deliver a copy of this documentation to the defendant. Pretrial motions, depositions, the gathering of evidence, and ultimately the trial will follow. Your attorney can help you with every stage of this procedure and fight to get you the compensation you are entitled to.
Many accident victims believe that submitting an insurance claim will suffice in order to resolve their case. Insurance policies frequently do not include pain and suffering damages, and they might only partially pay for the victim’s medical bills and lost wages.
Because of this, victims seeking significant recompense typically find that bringing a lawsuit is better.
Negotiations with the insurance provider and/or trial preparation:
The defendant or their insurance provider will frequently make you a settlement offer rather than file a lawsuit. They may just offer this settlement to help save on the cost of going to trial, even if it may not be enough to compensate you for your damages.
Your attorney can give you advice on whether to accept the settlement or pursue your claim in court and can also assist you in determining if the settlement is reasonable. Contact our Maryland personal injury lawyer today for guidance on how to proceed and how much your case may be worth.
What are the Major Damages That May Be Recovered in a Personal Injury Case in Maryland?
You must have experienced some type of harm in order to receive compensation in a personal injury case. The following are the main categories of damages that victims frequently seek compensation for in a lawsuit in Maryland, even though damages vary depending on the circumstances of each case:
Medical costs, including those for operations, hospital stays, physical therapy, rehabilitation, and other procedure.
Reduced earning potential or lost wages — present and future lost wages resulting from your disability and recover
Pain and suffering—mental anguish and a decrease in pleasure of life as a result of the injury.
Punitive damages are additional sums of money the defendant must pay as punishment for egregious or persistent negligence.The price of burying a loved one, including burial and funeral costs
Lost companionship – compensation for severing ties to a deceased accident victim
Damages you can seek for your spouse’s injuries include loss of consortium.
Your lawyer can explain to you the types of damages that may be available in your case as well as their estimated values. Remember that pain and suffering damages aren’t often covered by insurance claims, so you might need to take your case to court if you want to be able to recover them at all.
The same is true with punitive damages; unless a court directs them to do so, an insurance company or the party at blame will not wish to pay damages as punishment.
How do I Establish Fault and Responsibility in a Maryland Personal Injury Case?
A allegation that the defendant was “negligent” in inflicting your injuries is the foundation of the majority of personal injury claims. The majority of lawsuits focus on the argument that the defendant did something improper that caused your injuries, even if it was inadvertent, even though claims for deliberate harm and assault are feasible.
The victim (plaintiff) must demonstrate that it is more likely than not that all of the following are true in order to be awarded damages in a negligence claim.
Duty: The defendant had a legal obligation to uphold given that there existed a relationship between them.
Duty breach: The defendant violated this responsibility by actions or inactions.
Causation: That the defendant’s conduct were directly responsible for the victim’s harms and losses.
Damage: The court may impose restitution for any physical or financial harm the plaintiff experienced.
The duty is frequently determined by referring to other legislation. The regulations that a motorist or a property owner must abide by may be established by things like the traffic code or building safety codes, and breaking these rules is typically considered negligence.
In other situations, the obligation will be determined by considering what a “reasonably prudent” person would do in that circumstance. Instead of focusing on what other individuals may have done differently, this reasonableness test should be considered as objective
What is Contributory Negligence in an Accident Lawsuit in Maryland?
One of just five states currently using contributory negligence in personal injury cases, as opposed to the increasingly common comparative negligence, is the State of Maryland.
When both the plaintiff and the defendant contributed to an accident, the degree of culpability is divided between the two parties in accordance with the comparative negligence doctrine.
Their share of the culpability will lower a plaintiff’s award. For instance, if a plaintiff received $100,000 in damages but was judged to be 30% at fault, their payout would be decreased by $30,000
Regrettably, Maryland adheres to the stricter contributory negligence doctrine. For plaintiffs who have been wounded and their personal injury attorneys, this theory presents new difficulties.
The contributory negligence theory also assigns guilt to the defendant and the plaintiff. Yet, any contribution, no matter how minor, will prevent a plaintiff from recovering from the defendant and will prevent them from having their compensation reduced by their proportion of fault. If a plaintiff is determined to be even 1% at blame, they are completely disqualified from getting any compensation under Maryland law.
Defining “Negligence” in a Personal Injury Claim: The Basics
In order to win a personal injury lawsuit based on carelessness, the plaintiff must prove four things. The only way an affected party can successfully hold the offender accountable for their damages is by demonstrating these four criteria.
- Duties of Caring
- Duty Breach Causation
- Realized Damages
- Duties of Caring
Checking whether the defendant owed the plaintiff a duty of care is the first step in figuring out whether they were acting negligently. The relationship between the defendant and the plaintiff may occasionally give rise to a legal obligation.
A doctor-patient connection is an illustration of this kind of relationship. Legally, doctors have an obligation to treat patients with competence. In other situations, the environment could impose a duty. For instance, it is everyone’s responsibility to drive carefully around other motorists and pedestrians in Maryland.
Default in duty.
The plaintiff must assess whether the defendant violated the duty of care after it has been established. A breach could take the form of behavior or inaction. What “a reasonably prudent person would do under the same or similar circumstances” is the guiding principle.
A legal notion known as “reasonably prudent person” describes how a responsible person would conduct in the given circumstance.
In plainer terms, someone must act—or not act—in a way that might intentionally cause hurt or injury.
For instance, if you drive while intoxicated, you intentionally endanger other people. It might be difficult to establish a duty violation in many situations.
Causation
Causation is the next aspect that the plaintiff must demonstrate. To prove causation, the plaintiff must show that the defendant’s actions or inaction resulted in their harm.
Until it causes harm, reckless activity is not cause for compensation. Yet, if someone rear-ended your car while texting, it might not be too difficult to prove that they were to blame for your injuries.
The defendant’s ability to predict that their conduct might harm someone else will also be taken into consideration by the court. For instance, it is not improbable that you could cause an accident if you drive while intoxicated.
Yet, a defendant might not be held accountable if there was an unanticipated or random act of nature that they could not have possibly predicted.
Damages
Damages are the final component in a personal injury case based on carelessness. This component represents a monetary depiction of the damage that was done.
An injured person might receive compensation, for instance, for any medical costs connected to their injury. A plaintiff may also receive financial compensation for their mental suffering.
As a last point, the responsibility is frequently determined by consulting other laws. The regulations that a motorist or a property owner must abide by may be established by things like the traffic code or building safety codes, and breaking these rules is typically considered negligence.
In other situations, the obligation will be determined by considering what a “reasonably prudent” person would do in that circumstance. Instead of focusing on what other individuals may have done differently, this reasonableness test should be considered as objective.
What are the Evidence I need to gather for my personal injury case?
Our Maryland personal injury attorneys will require considerable proof to show the defendant’s fault whether you are pursuing a personal injury case or negotiating with an insurance company. Proof is essential in establishing liability and quantifying your damages.
Accident Report
After an incident that causes an injury, a report about the accident may be created. This might be a police report written following an automobile accident or an incident report written following a workplace injury. The report will include crucial details that could support evidence of negligence on the part of another person.
An accident report often includes a summary of what happened, the names of any witnesses, and the identities of those who were involved in the incident. When you meet with one of our Maryland personal injury lawyers, please bring a copy of your accident report with you. We will work with you to get a copy if you don’t already have one.
Footage and pictures of the accident scene.
The adage “a picture is worth a thousand words” has endured for so long for a reason. Visual proof is convincing proof. If you have pictures of an accident right after it happened, they could be very helpful for your case.
Accident victims may have access to cameras on their phones or other electronic devices. In other situations, it’s possible that nearby traffic or security cameras caught what happened. If there is any video evidence, you should speak with a lawyer right away to make sure it is saved before it is deleted.
Medical Records
You require medical evidence of the nature and extent of your injuries in order to be compensated for them in a personal injury claim. Medical records provide evidence of your injury’s nature and degree, as well as your doctor’s prognosis and expected recovery time.
Your medical history, though, can potentially work against you. Your medical history will be scrutinized by defense counsel and insurance companies to ascertain whether you have any pre-existing conditions.
In order to preserve your privacy and restrict access to specific medical information, a capable personal injury lawyer will do their best.
medical expenses
Justifying your claim of injury is only one aspect of the process. Also, you’ll want to be reimbursed for any medical fees or expenses. Gathering all of your medical bills, statements, and other care-related documents is essential. Transportation expenses to and from medical appointments are also included.
Witness Statements
In order to win a personal injury lawsuit, you must prove that another person or company was negligent. Eyewitness accounts are also a crucial piece of the picture, even while there is a variety of physical evidence that backs up your allegation.
If numerous witnesses support your accident story, their testimony can persuade a jury or insurance adjuster to side with you. Yet if there are assertions that conflict with your recollection of the incident, our Maryland personal injury attorneys will need to address them.
Financial Records
Very likely, your injuries caused you more than just physical pain. You can miss weeks or months of work if you suffer a serious injury. You might not be able to work again at all if you are permanently incapacitated.
You have the right to get compensation for any lost wages and earnings you would have made in the absence of an injury.
Financial records like tax returns, bank statements, and pay stubs might be used to prove your financial losses.
expert judgments
A personal injury case frequently requires the evidence of expert witnesses. A highly qualified specialist in their field who reviews or elucidates evidence for a jury is known as an expert witness.
For instance, a medical expert is required to show that another doctor failed to deliver the proper standard of medical care in a medical malpractice claim. In a case involving a car accident, an accident reconstructionist could be hired to describe how the accident happened.
Only one example of the many different kinds of evidence that might support your claim is provided above. Each personal injury claim is unique and calls for proof that is suited to the particular circumstance.
Conclusion
A sudden injury could cause a physical and financial emergency. Costly medical care is required. You may have to pay tens of thousands of dollars in medical expenses if you need surgery, to be hospitalized, or to undergo extensive physical treatment.
Additionally, if the severity of your disability prevents you from working, the money you lose from not earning will add to your financial difficulties. You shouldn’t be accountable for these expenses if the fault of another person, company, or entity resulted in your harm. Also, you ought to be made whole for the emotional pain you experienced.
To help you succeed in your personal injury case, we recommend you hire Personal Injury Attorney Maryland Rafaellaw.com