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Maryland's Personal Injury Lawyer
When a personal injury attorney interviews a client concerning a personal injury accident involving any tort action, for example an automobile accident, a slip and fall, or even a medical malpractice claim, the attorney dissects the facts into three broad categories of issues. First is liability. Who is at fault? The second set of issues are damages. How badly were you injured? And the third set of issues is insurance coverage. Who is going to pay for this mess?
Issues In A Personal Injury Case
Liability. In Maryland every person owes a duty to each other person. The duty owed is to act as a reasonable and prudent person. Generally, this means if someone does something careless and they cause damage they can be held responsible for the payment of the damage caused by their conduct.
Damages. When you are the victim of the careless conduct of another person, (that person breached the duty owed to you), and if you suffer damage as a result of that conduct, you are entitled to claim compensation for the damage. Damages are separated out as Economic Damages and Non-economic Damages. Economic damages are the actual losses and cost you incurred as a result of the injury you suffered. They include present, past and future loss wages, and loss earning capacity, present, past and future medical cost, mileage, prescriptions and any other matter of economic loss you can prove with reasonable certainty and which are causally connected to the act of that careless person who injured you. Non-economic damages are also recoverable. They include, but are not limited to, present, past and future pain, present, past and future suffering, loss of life's activities, and loss of vocation.
Insurance Coverage. Many times in personal injury automobile accident cases and specifically where there exist a life changing injury or death the damages may exceed the amount of insurance coverage held by the careless person that injured you. When this happens you do have options. However, the best way to fix this problem is to carry your own "UM" or "UIM" insurance coverage. These are un-insured motorist coverage and under-insured motorist coverage. The policies are offered by your own insurance company to cover you in the event the other drive is without sufficient insurance coverage. I suggest you speak with your personal insurance agent for more details on the subject of UM and UIM coverage.
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