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Baltimore Injury Lawyers Representing Victims in Maryland and Beyond
Most people are not prepared for catastrophic injuries. An accident can disrupt a victim’s life in ways that go beyond the physical harm, and it can impose severe burdens on their loved ones. If you suffer injuries in an accident caused by someone else, you should explore the possibility of pursuing damages through a personal injury lawsuit. At Butschky & Butschky, your well-being and peace of mind are our priorities. We will give your case the personalized attention and vigorous advocacy that it deserves. Our attorneys will fight for you while you heal.
Personal Injury
Most personal injury lawsuits are brought under a theory of negligence. This means that you will need to show that the defendant did not act as carefully as they should have acted in the situation, and your injuries resulted from the defendant’s lack of care. The circumstances will dictate the level of care that the defendant should have used. Maryland is one of a small handful of states that follow the doctrine of contributory negligence. Under this doctrine, if you are found to be at fault even to the slightest degree for your injuries, you will not be able to recover damages at all. Since defendants and insurers often raise this issue, a victim should make sure to retain an injury attorney in the Baltimore area who can show that they were not at fault and are entitled to recover compensation.
Car Accidents
In Maryland, if a driver causes a car accident, they may be held responsible for paying damages to someone injured in the accident. As an accident victim, you can claim against the at-fault driver’s insurer, you can file a lawsuit directly against an at-fault driver, or you can claim against your own insurance policy. You will usually need to establish the driver’s negligence by a preponderance of the evidence. A driver can breach the duty of care in many different ways, including by speeding, weaving, failing to follow traffic signals and signs, tailgating, driving aggressively, drunk driving, or distracted driving. Sometimes another party beyond the driver, such as a car manufacturer, is at fault and can be held responsible.
Truck Accidents
Truck accidents can have particularly devastating consequences, due to the weight and size of commercial trucks. Truck drivers can cause serious injuries through squeeze play accidents, truck rollovers, wide turns, excessive fatigue, jackknifing, overloading, drunk driving, and other behaviors. It can be more difficult to deal with a commercial vehicle’s insurer, which usually will conduct a thorough investigation of the accident and try to find ways in which it was the fault of the injured person. It is vital for a Baltimore injury attorney to consider the accident from all angles, including whether the trucking company, the truck manufacturer, other drivers, or a property owner may bear some responsibility. For example, a trucking company can be held responsible for its negligent hiring, training, or supervision.
Motorcycle Accidents
Motorcyclists are more likely than drivers of larger vehicles to die or suffer catastrophic injuries in a crash. There is no buffer between a motorcyclist and a larger vehicle, and the force can be tremendous. Often, drivers of larger vehicles wrongly believe that they have the right of way when they do not. A common reason for motorcycle accidents is a driver’s failure to yield to a motorcyclist. We can investigate your accident and gather evidence needed to prove the fault of the driver.
Slip and Fall Accidents
If you slip and fall on somebody else’s property in Maryland, you may be able to recover damages. Property owners owe a duty to keep their property in a reasonably safe condition. This includes making repairs or issuing warnings when they know or should know of a dangerous property condition in relation to which somebody could be hurt. For example, if there is a spilled liquid on the floor, a grocery store should put orange cones around it as a warning or clean it up. Sometimes the property owner claims that the person who fell bears responsibility for the accident. Our Baltimore injury lawyers know how to help victims fight back against these arguments.
Construction Accidents
Construction accidents are common in Maryland. These accidents can include accidents within a particular jobsite. They can also include accidents at construction sites on the road. When the accident victim is an injured worker, they cannot sue their employer for the injuries arising out of the accident, but they can seek workers’ compensation benefits. If someone other than a worker’s employer is to blame for a construction accident, it may be possible to sue that third party under a theory of negligence. Likewise, a visitor to a construction site who is injured may have grounds to sue under a theory of negligence or premises liability.
Medical Malpractice
When you go to the doctor, you do not expect to be harmed. However, doctors do make mistakes, and these mistakes can be quite costly for patients and their families. In order to establish medical malpractice, you will need to establish a professional duty of care, a breach of duty, causation, and damages. In Maryland, you must bring a medical malpractice lawsuit within five years of the time when you were injured or within three years of the discovery of the injury. Within 90 days of filing a medical malpractice lawsuit, you need to file a certificate of a qualified expert, and the qualified expert needs to be a licensed Maryland medical professional. The injury lawyers at our Baltimore firm can help you retain the experts that you need to prove your case.
Nursing Home Abuse
Maryland nursing homes are supposed to follow a nursing home bill of rights. Often, nursing home lawsuits involve breaches of the nursing home bill of rights. Nursing home litigation may involve nursing home abuse, neglect, medical malpractice, or premises liability. Nursing home abuse generally involves reckless disregard or malicious intent. A nursing home abuse case may arise out of intentional infliction of an injury, assault and battery, deprivation of food or water, or the use of chemical restraints.
Wrongful Death
In Maryland, there are two categories of lawsuits after a death: wrongful death lawsuits and survival lawsuits. The former is brought on behalf of a decedent’s survivors, such as the spouse, parents, or children. The wrongful death lawsuit is meant to compensate for losses sustained by survivors in connection with a loved one’s death. These could include lost income, lost companionship, and lost support. In contrast, a survival action compensates the estate for items of loss that the estate paid in connection with the death, such as medical or burial expenses. Our injury attorneys can help Baltimore families and people elsewhere in Maryland pursue these types of claims.
Workers’ Compensation
If you are injured on the job, you may be eligible for workers’ compensation benefits. The injury or illness must be an accidental personal injury arising out of and in the course of employment. The accident should be an extraordinary incident that happens suddenly and generates an unexpected result. Occupational diseases are covered as well. These are diseases caused by workplace conditions.
Motor Vehicle Violations
There are several kinds of motor vehicle violations that may be charged in Maryland. Each of these carries different penalties and must be approached on its own terms. There are payable offenses and must-appear offenses, with the latter being more serious. You can be charged with merely a traffic infraction specified in the Maryland Transportation Article, such as speeding, or a misdemeanor or a felony. Misdemeanors can be penalized with a $500 fine and a maximum of 60 days in jail. The penalties for felonies are harsher.
Consult a Skillful Baltimore Attorney
If you are seeking to recover damages after an accident, you should consult an experienced injury attorney at our Baltimore firm. Butschky and Butschky represents people in Baltimore, Annapolis, Westminster, Elkton, Cambridge, Frederick, Bel Air, and other communities in Baltimore, Anne Arundel, Allegany, Carroll, Cecil, Dorchester, and Harford Counties. Our firm has litigated these cases for more than 30 years. Call us toll-free at (800) 722-6616 or contact us via our online form.
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