Causation in your Case

Causation is a very important factor in valuing your case because it focuses on what injuries or damages will be considered in calculating the amount you may be able to recover. Very simply, you can collect for injuries that were caused by the accident, but you will not be able to collect for anything that was not caused by the accident. For example, if you get into an accident and your head hit the windshield, you can collect for any treatment necessary to repair your head injuries. You will not be able to collect compensation for treatment for your sinus infection that you had when the accident occurred.

August 1, 2011 in Terms of the Law | Comments Off on Causation in your Case

Liability in Your Civil Case

Liability is the legal term that indicates someone else is responsible for causing your injuries. If you drive your car into a tree because you are not paying attention, you are responsible for your own injuries and you would not be able to get some else to compensate you for those injuries. If someone else runs a red light and smashes into you while you are proceeding through a green light, that other driver is said to be “liable” in the accident and you would be able to seek compensation from that other driver for causing your injuries. Some accidents occur in such a way that liability is said to be “clear,” i.e., one party is clearly responsible for causing the accident. (Rear end collisions typically are clearly the fault of the driver who hits the other car in the rear.) Other accidents are not so clear as to liability and a good lawyer can help you figure out who was responsible and convince the insurance company or a jury of liability.

July 15, 2011 in Terms of the Law | Comments Off on Liability in Your Civil Case

Contributory Negligence

Contributory Negligence is a defense under Maryland law that can result in you not being able to receive compensation for your injuries. The defense is raised when the negligent person believes that you also, in some way, caused or contributed to the accident. If a jury finds that you contributed in even a small or minor way to the accident, the law says that you get nothing. Maryland is one of only a very few states which still have contributory negligence on the books as law.

The insurance companies love contributory negligence because they can use it to potentially avoid paying you anything if they can show that you were even the tiniest bit responsible for the accident. As an example, this defense is commonly raised in slip and fall cases where the defense will say that you were contributorily negligent in the fall because you were not watching where you were going.

July 1, 2011 in Terms of the Law | 1 Comment »

Know what Negligence means for your Court Case

Negligence is the legal term that indicates a person was careless and/or not paying attention to what they were doing and caused injury to another person. In order for someone to be found negligent, they must owe a duty to the other person, breached that duty and their actions must have caused some harm or damages to the other person.

May 23, 2011 in Terms of the Law | Comments Off on Know what Negligence means for your Court Case