WHAT IS THE VALUE OF MY PERSONAL INJURY CASE? What are damages, generally?

Our civil justice is premised on the idea that although money is a poor substitute for ones physical health and peace of mind, it is how the law measures the magnitude of your loss. Every day Baltimorepersonal injury lawyers use this idea, that in our legal system money is substituted for an intangible loss, to obtain financial recoveries for their injured clients.  The amounts of money recovered are "damages". Specific strains of damages are discussed in more detail in specific chapters of this volume. All damage types [e.g. lost wages, pain and suffering, medical bills] have one thing in common. Experienced Baltimore personal injury lawyers know the damages one seeks to recover must have been a foreseeable consequence to a reasonable person in the defendant's shoes at the time of the accident. All of us must exercise reasonable care to keep our fellow citizens safe from harm. We cannot engage in conduct that directly injures others. Moreover, we must conform our conduct so that is does not create a zone of danger into which other may venture. But the scope of potential liability is limited by the concept of forseeability.

WHAT IS THE VALUE OF MY PERSONAL INJURY CASE? I was hit while on a bicycle? Can I recover?

Of course the rules of the road, including the duty to use due care, apply to the operators of bicycles. Some Baltimore personal injury lawyers will tell you that is has come as a surprise to some of their clients that a bicyclist has all the rights of a motorist. [Note:  bicyclist cannot operate on as highway with a speed limit of greater than 50 mph, and, if there is a separate bike lane, the bicyclist must use it]. There are some exceptions to that general rule. A bicyclist traveling at less than the speed of traffic must stay as far to the right as possible, unless passing or making a left turn, the street is one-way, the right lane is a turn only lane or too narrow for two vehicles, or the lane is otherwise blocked. Experienced Baltimorepersonal injury lawyers know that at least one case has determined that a bicyclist failing to stay to the right, who is injured by a motorist, has no claim on contributory negligence principles.  Longie v. Exline, 659 F.Supp. 177 (D. Md., 1987).

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.

WHAT IS THE VALUE OF MY PERSONAL INJURY CASE? What if I can't prove who was at fault?

It is usually clear in the case of car accidents, which vehicles were involved, although who was at fault may be hotly disputed. In fact, experienced Baltimore personal injurylawyers will tell you that the mere fact that an accident happened does not mean someone anyone at fault. But what about a situation where it is not entirely clear how an accident happened, the vehicles involved, or where the specific mechanism of the accident is not clear [e.g. a car running off a roadway with dry pavement under good weather conditions [Haines v. State, 202 A.2d 364] or a pedestrian hit by a car while standing on the side of a road [UCJFB v. Bowles, 334 A.2d 532]. In such circumstances, the law may provide a shortcut to proving who was at fault, or exactly how they were at fault. Baltimore personal injury lawyers sometimes argue that if the event is one that would not normally occur without negligence, the cause of the event was an instrumentality causing the harm was within the exclusive control of a defendant, and no one else, including the injury victim, could have caused the accident, than Res Ipsa Loquitor ["the thing speaks for itself"] permits an inference that the defendant was the cause of the harm. Knowledgeable Baltimore personal injury lawyers know, though, that this is only half the battle.             The defendant then has the opportunity to present a reasonable alternative explanation as to the cause of the harm- that does not involve negligence. The jury can accept that explanation, and give defense verdict, or applying  Res Ipsa Loquitor,  find the defendant liable, even without direct proof of negligence.

WHAT IS THE VALUE OF MY PERSONAL INJURY CASE? The insurance company says "no one is at fault".

Experienced Baltimore personal injury lawyers have heard this argued one more than one occasion. Whether it is phrased in terms of "act of god", "unavoidable accident" or some strain of "sudden incapacity of a driver", Baltimore personal injurylawyers  representing the insurance companies do argue to juries that although there was an accident, and although there were injures, no one should be held responsible. In order to recover for an automobile accident, the negligence of that at-fault driver must be what the law calls the "proximate cause" of the collision. [there is more material on proximate cause in other chapters of this volume]. The notion that some other mechanism –other than negligence- caused the accident lies at the core of all of these defenses. For example, the presence of ice on the roadway, it could be argued, is an unforeseeable  circumstance, making a collision between vehicles on that roadway inevitable, and something that could not be prevented. Or, "the drive of the other car had a heart attack, or a seizure". However, knowledgeable Baltimore personal injury lawyers know that a defendant claiming this type of incapacity has the burden of proving that there is no way they could have foreseen it coming. For example- a person suffering from a seizure disorder controlled by medication may have a reason to anticipate a seizure if they neglected to take that medication.

WHAT IS THE VALUE OF MY PERSONAL INJURY CASE? Who can I sue? Is the automobile manufacturer responsible?

Experienced Baltimore personal injury lawyers will tell you the law requires vehicle makers to use reasonable care in the design, manufacture, testing and inspection of the automobile, and and ensure that it is safe for foreseeable uses. If they fail, that is evidence of negligence. Anyone who has received a recall notice, even for seemingly minor matters, knows that automakers are well aware of their potential liability. Of course, a claim involving a defective care is more elaborate than a simple negligence claim involving the unsafe operation of a vehicle. If you've been injured in an auto accident and you believe defective part or design is to blame, consult a knowledgeable Baltimore personal injury lawyer to fully understand the possibilities. 

WHAT IS THE VALUE OF MY PERSONAL INJURY CASE? Who can I sue? That man had bad brakes on his car.

Experienced Baltimore personal injury lawyers will tell you the law requires vehicle owners to make sure their automobiles are equipped with the parts and systems required by the Transportation Code, and at all times must be in such condition so as not to put any person in danger. So, as opposed to liability for the unsafe operation of a vehicle, the improper or unsafe maintenance of a vehicle may provide a basis of liability for an accident as well. Discuss with a knowledgeable Baltimore personal injury lawyer whether inadequate brakes, worn tires, or the failure of another vehicular system played a role in the accident that caused your injures.