Spinal Cord Injury Lawyer in Baltimore, Maryland

At Baltimore Accident Center, we recognize that a spinal cord injury can transform your life in an instant and present immense physical, emotional, and financial challenges. Our firm, comprised of seasoned personal injury lawyers in Baltimore, Maryland, is dedicated to providing compassionate and aggressive legal representation.

With extensive knowledge of Maryland’s personal injury laws and a steadfast commitment to our clients, we professionally traverse complicated cases to achieve favorable outcomes. Don’t face this difficult journey alone—contact Baltimore Accident Center today for the trusted legal support you need.

The Basics of Spinal Cord Injuries

What Is a Spinal Cord Injury?

A spinal cord injury refers to any damage to the spinal cord that results in a loss of function, such as mobility or sensation. SCIs can be classified as complete or incomplete:

• Complete injury: Total loss of sensory and motor function below the level of injury.

• Incomplete injury: Partial loss of sensory or motor function below the level of injury.

Causes of Spinal Cord Injuries

In Maryland, the leading causes of spinal cord injuries include:

• Motor vehicle accidents: Collisions involving cars, motorcycles, and trucks are primary contributors.

• Falls: Particularly among the elderly, falls from heights or due to slippery surfaces.

• Violence: Incidents such as gunshot wounds or assaults.

• Sports injuries: High-impact sports like football or diving.

• Workplace accidents: Incidents in construction or industrial settings.

Impact of Spinal Cord Injuries

The ramifications of an SCI extend beyond physical limitations, affecting emotional, psychological, and financial aspects of the victim’s life. Challenges include:

• Medical expenses: Ongoing treatments, surgeries, rehabilitation, and adaptive equipment.

• Loss of income: Inability to return to work or reduced earning capacity.

• Pain and suffering: Chronic pain, emotional distress, and diminished quality of life.

• Caregiving needs: Dependence on others for daily activities and personal care.

Personal Injury Law Overview

Personal injury law, also known as tort law, allows individuals who have been harmed due to another’s negligence or intentional actions to seek compensation. In the context of SCIs, personal injury claims typically involve:

• Negligence: The most common basis for SCI claims, involving the failure to exercise reasonable care.

• Product liability: Defects in products that cause injury.

• Premises liability: Unsafe conditions on property leading to accidents.

• Medical malpractice: Errors by healthcare professionals resulting in SCI.

Key Elements of a Personal Injury Claim

To successfully pursue a personal injury claim in Maryland for a spinal cord injury, the plaintiff must establish:

1. Duty of care: The defendant owed a duty of care to the plaintiff.

2. Breach of duty: The defendant breached that duty through action or inaction.

3. Causation: The breach directly caused the spinal cord injury.

4. Damages: The plaintiff suffered actual harm or losses as a result.

Maryland-Specific Personal Injury Law

Maryland has its own set of statutes and regulations governing personal injury claims, including those involving spinal cord injuries. Understanding these specifics is crucial for anyone considering a personal injury lawsuit in the state.

Statute of Limitations

In Maryland, the statute of limitations sets the time frame within which a personal injury lawsuit must be filed:

• Personal injury: Generally, two years from the date of the injury.

• Medical malpractice: Three years from the date of the injury or discovery of the injury.

Failing to file within these periods typically results in the case being barred, regardless of its merits.

Comparative Negligence

Maryland follows a modified comparative negligence rule. This means:

• If the plaintiff is found to be 50% or less at fault, they can recover damages, but the amount is reduced by their percentage of fault.

• If the plaintiff is more than 50% at fault, they are barred from recovering any damages.

This rule emphasizes the importance of establishing the defendant’s greater degree of fault in SCI cases.

Caps on Damages

Maryland doesn’t impose caps on economic damages (such as medical expenses and lost wages) or non-economic damages (such as pain and suffering) in personal injury cases, including those involving spinal cord injuries. This allows plaintiffs to seek full compensation for their losses without artificial limits.

Pain and Suffering

Pain and suffering are a significant component of damages in SCI cases. Maryland allows for compensation reflecting the severity of the injury, the impact on the plaintiff’s life, and the enduring nature of their pain and emotional distress.

Pursuing a Spinal Cord Injury Claim in Maryland

Successfully managing a spinal cord injury claim with personal injury lawyers in Baltimore involves several critical steps, from initial consultation to potential trial. Here’s an overview of the process:

1. Initial Consultation and Case Evaluation

The process typically begins with consulting personal injury lawyers in Baltimore who are experienced in spinal cord injuries. The attorney will assess the viability of the case by reviewing:

• Circumstances of the injury: How the SCI occurred and who may be liable.

• Evidence: Police reports, medical records, witness statements, and expert testimonies.

• Damages: Calculation of current and future medical expenses, lost income, and non-economic losses.

2. Investigation and Evidence Gathering

A thorough investigation is crucial for establishing liability and supporting the claim. This includes:

• Collecting documentation: Medical records, accident reports, employment records, and any other relevant documents.

• Witness interviews: Statements from individuals who witnessed the incident.

• Expert testimony: Medical experts, accident reconstructionists, and economic experts to substantiate claims.

3. Filing the Claim

Once the evidence is compiled, your personal injury lawyers in Baltimore will file a complaint in the appropriate Maryland court, outlining the allegations against the defendant and the damages sought.

4. Discovery Phase

Both parties engage in the discovery process, exchanging information and evidence. This may involve:

• Depositions: Sworn statements from parties and witnesses.

• Interrogatories: Written questions that must be answered under oath.

• Requests for production: Demands for documents or other tangible evidence.

5. Negotiations and Settlement

Many personal injury cases are resolved through settlement negotiations before reaching trial. Effective negotiation can lead to:

• Fair compensation: Settling for an amount that adequately covers damages without the need for prolonged litigation.

• Reduced stress: Avoiding the uncertainties and emotional toll of a trial.

6. Trial

If a settlement cannot be reached, the case proceeds to trial, where a judge or jury evaluates the evidence and renders a verdict. The plaintiff must persuasively demonstrate the defendant’s liability and the extent of damages.

7. Post-Trial Motions and Appeals

Either party may file post-trial motions or appeals if there are grounds to contest the verdict or the legal procedures followed during the trial.

Damages in Spinal Cord Injury Cases

Compensation in spinal cord injury cases aims to cover both tangible and intangible losses. In Maryland, damages are categorized as follows:

Economic Damages

• Medical expenses: Current and future medical costs, including surgeries, rehabilitation, medication, and assistive devices.

• Lost wages: Compensation for time off work and loss of future earning capacity.

• Property damage: Costs related to damaged personal property, such as vehicles or equipment.

Non-Economic Damages

• Pain and suffering: Compensation for physical pain and emotional distress resulting from the injury.

• Loss of consortium: Impact on the relationship with a spouse or family members.

• Disfigurement: Permanent scarring or changes in appearance caused by the injury.

Punitive Damages

In cases involving gross negligence or intentional misconduct, Maryland may award punitive damages. These are intended to punish the defendant and deter similar behavior in the future.

Challenges in Spinal Cord Injury Claims

Pursuing a spinal cord injury claim in Maryland presents several challenges:

Proving Liability

Establishing that the defendant’s negligence directly caused the SCI requires robust evidence. Complicated cases may involve multiple parties or contributing factors, complicating liability determination.

Quantifying Damages

Calculating the full extent of economic and non-economic damages can be intricate, particularly for long-term and future losses. Accurate projections and expert testimony are essential.

Comparative Negligence

Traversing Maryland’s comparative negligence rules necessitates demonstrating that the defendant bears greater responsibility for the injury than the plaintiff. Partial fault assigned to the plaintiff can significantly impact the compensation received.

Insurance Company Tactics

Insurance companies may employ strategies to minimize payouts, including disputing liability, undervaluing damages, or delaying the claims process. Having experienced personal injury lawyers in Baltimore is crucial to counter these tactics.

Legal Representation for Spinal Cord Injury Claims

Given the challenges and high stakes of spinal cord injury claims, securing experienced legal representation is vital. Skilled personal injury lawyers in Baltimore can:

• Provide expertise: Deep understanding of Maryland’s personal injury laws and precedents.

• Investigate thoroughly: Conduct comprehensive investigations to build a strong case.

• Negotiate effectively: Engage with insurance companies and opposing counsel to secure fair settlements.

• Advocate in court: Represent the plaintiff’s interests vigorously during trial proceedings.

Notable Cases and Legal Precedents in Maryland

Maryland case law has significantly influenced personal injury claims, including those involving spinal cord injuries. While specific cases may vary, notable precedents often address issues such as:

• Standard of care: Defining the level of care expected in various contexts, such as medical settings or public spaces.

• Causation: Establishing the direct link between the defendant’s actions and the plaintiff’s injury.

• Damages calculation: Setting benchmarks for evaluating pain and suffering and other non-economic damages.

Understanding these precedents helps in predicting case outcomes and formulating effective legal strategies.

Preventive Measures and Public Awareness

Reducing the incidence of spinal cord injuries involves a combination of legal, social, and infrastructural measures. In Maryland, efforts include:

• Safety regulations: Enforcing traffic laws, workplace safety standards, and building codes to minimize accident risks.

• Public education: Raising awareness about fall prevention, safe driving practices, and violence reduction.

• Support services: Providing resources for rehabilitation, accessibility, and support for SCI victims and their families.

Contact Us Today

At Baltimore Accident Center, our personal injury lawyers in Baltimore are committed to assisting victims throughout Baltimore, Maryland, including Pigtown, Fells Point, Canton, Bayview, Belair-Edison, Govans, Roland Park, Central Park Heights, Mondawmin, Charles Village, and West Baltimore. Contact us today to see how we can assist with your situation.