Monday, May 23, 2011
WHAT IS THE VALUE OF MY PERSONAL INJURY CASE? How is the duty of care owed to others determined?
As discussed in other chapters, each of us, whether in the operation of a car, in our work activities, or in just simply going about the tasks of everyday life, owes each of our fellow citizens an obligation to conduct ourselves in a way that will not harm them, or created an unreasonable risk of harm for them. Experienced Baltimore personal injury lawyers will tell you that the law calls this obligation a "duty or care", and that if that duty is breached, and harm results, so will liability. This is negligence. The duty owed is one of reasonable care and prudence, but it is not fixed. The duty owed will vary depending on the attendant circumstances, as well as the level of skill, age and experience of the individual owing the duty. The law requires each of us to act reasonably under the circumstances, whatever those may be. Effective Baltimore personal injurylawyers that the violation of a statue [e.g. cannot switch lanes until safe to do so] can constitute evidence of negligence. The argument here is that the wording of the statute constitutes the nature of the duty. If the injury victim is a member of the group intended to be protected by the statute, and the injury is of the type the statue was drafted to prevent, then a violation of that statute that causes injury is evidence that negligence has occurred.