Each personal injury case is a little different, but there are certain elements all of these cases have in common. In a personal injury lawsuit, the attorney must show that the four basic elements of a negligence claim are present:
- You were owed a duty by the defendant e.g. the other driver; or there was a standard he/she had to meet
- The defendant violated the duty owed to you; failed to meet the standard which caused the accident
- You sustained a misfortune or other loss e.g. property damage, personal injuries, etc.
- Your accident was caused by the violation of duty
A duty is some responsibility owed to you, and the responsibility is legally recognized in the relationship between you and the defendant. For example, traffic laws governing setting a speed limit creates of duty as to how a driver must operate his vehicle in terms of speed in a certain stretch of the road. Medical practices and procedures create duties and standards of care that a doctor owes his patient when treating them i.e. do certain patient symptoms require certain tests to be done.
It’s important to note that the presence of these elements in your case does not always guarantee compensation, as their can be other causes of accident or the Defendant may have a legitimate reason for not meeting the duty e.g. a deer ran out in front of my car, however our firm will investigate and fight aggressively for compensation on your behalf should it be appropriate.
If you or a family member suffered a severe injury because of someone else’s negligence and want to know if you have a personal damage claim, please contact the Law Offices of Stuart L. Plotnick, LLC to schedule a consultation with our experienced Maryland personal injury attorney. We also serve the areas of Virginia and Washington DC.