Personal Injury Lawyers Germantown, MD

Accidents happen every day. In fact, according to the Centers for Disease Control and Prevention (CDC), approximately 25 million doctor’s office visits each year can be attributed to unintentional injuries. When those injuries are caused by another person, you might have a personal injury claim.

Personal injury law encompasses a broad range of claims, from car accidents to slips and falls to dog bites. If you have been hurt because of something that someone else did or failed to do, then you may be able to seek money for your losses. Depending on the facts of your case, this can include compensation for your property damage, medical bills, lost wages, emotional trauma, and more.

Metzger Wickersham is dedicated to fighting for the rights of accident victims. We take on the big insurance companies for you, working hard to get you the money that you deserve for your injuries. To learn more or to schedule a free initial consultation with a Germantown personal injury attorney, contact our law offices today.

Types of Montgomery County Personal Injury Cases We Handle

Personal injury law, also known as tort law, allows people who have been hurt because of another person’s actions to seek compensation. In a personal injury lawsuit, the at-fault party (defendant) may be required to pay the victim (plaintiff) for any losses that they have suffered. Typically, the plaintiff has the burden of proving that the defendant caused their injuries.

If you were hurt because of something that another person or entity (such as a business or government agency) did, you can file a lawsuit against them. Our law firm has substantial experience handling all types of personal injury matters, including:

• Bicycle accidents
• Bus accidents
• Car accidents
• Catastrophic injury
• Construction accidents
• DUI accidents
• Dog bites
• Hit-and-run accidents
• Mass torts
• Medical malpractice
• Nursing home abuse and neglect
• Pedestrian accidents
• Product liability (dangerous and defective products)
• Premises liability (slip and fall)
• Truck accidents
• Wrongful death

Our clients and their families have suffered all sorts of injuries in these accidents, ranging from broken bones to spinal cord injuries to death. We treat each of our clients with respect and compassion, with an understanding of how difficult it can be to recover physically and emotionally from an accident. We work tirelessly to help our clients get maximum compensation for their injuries.

Filing a Lawsuit for a Maryland Personal Injury Claim

In a personal injury claim, the plaintiff files a lawsuit against the defendant for their action (or inaction) that caused their injuries. The defendant is usually represented by their insurance company. Their automobile, commercial, homeowner’s, or renter’s insurance policy will cover their defense costs as well as any settlement or verdict at trial.

Personal injury cases are usually based on a theory of negligence, which is a formal legal term that essentially means that a person was careless. In some situations, a personal injury claim is based on intentional or reckless conduct, such as a drunk driving accident or a case involving nursing home abuse. In most cases, the plaintiff has to prove that the defendant was negligent in some way and that the negligence caused them harm.

The plaintiff has to introduce evidence of four separate elements to prove negligence:

1. Duty: The defendant owed the plaintiff a duty to use reasonable care.
2. Breach: The defendant violated that duty in some way (such as by failing to yield to pedestrians in a crosswalk and hitting a jogger).
3. Causation: This violation was the direct (“but for”) cause of the accident (i.e., but for the driver failing to yield, they wouldn’t have hit the jogger with their car).
4. Damages: The plaintiff suffered losses as a result of the accident.

The burden of proof is slightly different for various types of personal injury cases. For example, in a medical malpractice case, the plaintiff will have to prove that the defendant failed to meet the standard of care for the profession. Your Germantown personal injury attorney will analyze the facts of your case to determine the applicable standard of proof. 

Your lawyer will also gather evidence to prove that the defendant was responsible for the accident and your injuries. The type of proof necessary will depend on the case. For a car accident claim, a police report, traffic cameras, and eyewitness testimony might establish that the defendant ran a red light and caused an accident. For a nursing home neglect case, medical records and staffing documents might show that the nursing home failed to provide an adequate level of care for a resident.

There are some situations where the burden of proof is essentially flipped. If the defendant violated a law that was meant to protect others from harm and the plaintiff was harmed by this illegal action, then negligence is presumed. The defendant then has the burden to prove that they were not negligent. This is known as negligence per se.

Being able to prove fault in a personal injury case is particularly important in Maryland, which has a strict contributory negligence rule. Under this legal doctrine, if you were even slightly at fault for the accident, you could be barred from recovering entirely. That is why it is critical that you work with a Germantown personal injury attorney who can prove that the defendant was responsible for your injuries and that you were not at fault for any portion of the accident.

Getting Compensation for a Maryland Personal Injury Claim

If you decide to hire a Germantown personal injury lawyer to represent you, they will start by investigating and supporting your claim. The first step is typically an investigation, where your attorney will analyze reports, medical bills, photos and videos, and will interview witnesses to learn more about what happened and who may be responsible for your injuries. This sometimes includes determining that another party may be liable for the accident.

For example, consider a situation where you were hurt in a car accident when another car pulled out into the road without the right-of-way and crashed into your vehicle. Through investigation, your lawyer learns that the other driver couldn’t see properly because a local government agency didn’t properly maintain the road or the shrubbery alongside it. In this case, your attorney might sue the government agency in addition to the at-fault driver.

Your lawyer will also research Maryland case law to develop the strongest possible claim for damages. At this point, they will draft a demand letter that will be sent to the at-fault party and/or their insurance company. A demand letter explains the facts of the case and why the defendant is responsible for the accident before making a demand for compensation (damages).

In a Maryland personal injury lawsuit, you may be able to recover three types of damages: economic, noneconomic, and punitive damages. Economic and noneconomic damages are compensatory, as they compensate an injury victim for their losses. Punitive damages are a bit different, as they serve to punish someone who acted recklessly or intentionally.

Economic damages pay for your direct financial losses or out-of-pocket expenses. It can pay for things like property damages, lost wages, reduced earning capacity, medical expenses, future medical treatment, and other costs. For example, if you need adaptive equipment for a disability caused by the accident, that would be covered by economic damages.

Noneconomic damages pay for your non-financial losses. These damages can be harder to prove, because you won’t get an invoice in the mail for something like anxiety. However, these losses (such as pain and suffering, reduced quality of life, emotional distress, scarring, and disfigurement) are very important. Noneconomic damages are often vital to making a person whole again after an accident.

Punitive damages may be available in cases where the defendant acted intentionally or recklessly. This is somewhat unusual, as most Maryland personal injury cases are based on negligence. However, there are some situations, such as drunk driving accidents, where punitive damages may be appropriate.

Insurance companies often focus more heavily on economic damages because they are easier to prove. They often use a computer program to determine a number for noneconomic damages that is based on your economic damages multiplied by a number that represents the severity of your injuries. This often results in a settlement offer that is far below the true value of your case.

This reality is why it is important to have legal representation to review and analyze any settlement offer. Remember that insurance companies have teams of adjusters and lawyers to represent their interests. It is only fair that you have your own attorney to protect your rights.

Insurance companies usually respond to demand offers with a counteroffer. The parties usually negotiate back and forth until they reach a settlement. It may still be necessary to file a lawsuit to protect your legal rights, learn more about the case through discovery, and continue negotiations.

The majority of personal injury cases are resolved outside of court. When possible, our Germantown personal injury lawyers attempt to work out a settlement instead of taking your case to trial. However, if the insurance company refuses to offer a fair settlement, we will go to court and ask a jury to return a verdict in your favor.

How Can a Germantown, MD Personal Injury Lawyer Help Me?

Insurance companies are not invested in making sure that accident victims get the most possible money for their injuries. Instead, their focus is on paying out as little as possible on legitimate claims. This is one of the ways that insurance companies make such massive profits.

Having a lawyer to represent you reduces the risk that an insurance company will be able to talk you into accepting a lowball settlement offer or convince you to give up your rights. It also increases the likelihood that you will get maximum compensation for your injuries. 

Insurance companies know that if you hire a lawyer to represent you, the odds of you getting a fair settlement for your case are much higher. They also understand that you won’t just accept any settlement, and that you will take your case to trial if necessary to protect your right to full compensation. 

In addition, a Germantown personal injury lawyer will take on the insurance company for you. They will handle all correspondence, communication, paperwork, and evidence gathering on your behalf. This allows you to focus on your health and recovery.

Reach Out for a Free Consultation

When you are hurt in an accident, you might be scared and overwhelmed. You might also be worried about how you will best advocate for yourself if you have to file a legal claim. Fortunately, there is an easy solution. Our law firm can fight on your behalf. 

At Metzger Wickersham, we offer high-quality legal representation to clients in the greater Germantown area who have been hurt in all types of accidents. We won’t back down from a fight and will always work to get you the maximum compensation for your injuries. Give us a call at 240-946-9461 or fill out our online contact form to schedule a free initial consultation with a Germantown personal injury attorney.