Personal Injury

We are advocates for the injured.

At The Law Offices of Baldwin, Briscoe & Steinmetz, we handle various claims in which people have suffered personal injury or death through no fault of their own.

Our law firm has the skill and resources to represent even the most complex cases.

We offer a free consultation on all personal injury cases, and there is never a fee unless we recover money for you.

Car Crashes – Auto Accidents

Our willingness to litigate cases means that the insurance companies show us respect. Whether or not your case goes to court, you want an attorney whose reputation is to fight hard and not leave any money on the table.

We are willing to take cases to trial to get more money for you.

Read Further

What do I do after a Car Accident? Can I Handle My Case Without A Lawyer? Should I Go To Court If I’ve Been Injured?

Motorcycle Accidents

Our lawyers have experience in cases of motorcyclists injured through the negligence of others and are aware of the law enacted to protect motorcyclists.

Read Further

Southern Maryland Motorcycle Crash Lawyers

How does a car accident claim work? The anatomy of a personal injury claim.

Personal Injury attorneys seem to be everywhere. Just turn on the television during the daytime and chances are you’ll see one or more ads promising to fight for you if you’ve been involved in a car accident. They’ll promise that you won’t pay a fee until they recover money for you. They’ll demonize the insurance companies and warn you that those companies will take advantage of you.

It’s not so much that insurance companies want to rip you off as it is that they are simply in business to make a profit. The insurance companies, like all businesses, are going to do things that are in their best interest. If they can settle a claim for less than it is worth, they will take that opportunity every single time. They make a profit by generating more income from premiums and investments than they have to pay out in claims. The insurance companies can often settle claims with unrepresented victims of an accident because those individuals do not know their rights, are not familiar with how the process works, and don’t have the ability to effectively advocate their claim in the same way that they can when an attorney is involved.

When clients come to see us about an injury claim, there are two main things that we want to know right away. First, how did the person get injured? This is important to establishliability. With personal injury claims, the first step in the analysis, and in the prosecution of a claim, is to establish who caused the accident. Sometimes this part is easy, sometimes this part is the subject of extensive dispute. An injury claim, generally, is a claim based on the negligence of the defendant. To prove negligence in Maryland, the plaintiff must establish three elements: First, that there is a duty owed by the Defendant to the Plaintiff; Second, that the Defendant breached that duty; and Third, that as a result of the Defendant’s breach of the duty, that the Plaintiff suffered damages.

The second important question that we want answered is what is the extent of our client’s injuries? As you can imagine, injuries come in all shapes, sizes, types and degrees. As injury attorneys, we often categorize injury cases as either soft tissue or fractures. Soft tissue injuries include strains and sprains, generally any injury where the only damage is to muscle, ligaments, or tendons. Most injuries fall into the soft-tissue variety.

After the initial consultation, in most cases, we put together a demand package. If we know that liability is going to be in dispute we may skip this step, however we usually don’t know whether liability is going to be contested at this stage of the process. A demand package consists of copies of all of our client’s relevant medical records and their bills, along with proof of any other expenses that have been incurred as a result of the claim. Generally, a claim for property damage and car rental costs will be settled well before a claim for injuries and is not part of our analysis. When we put together a demand package, we will include a letter explaining how the accident occurred, explaining the injuries that we resustained by our client, and detailing the economic losses, such as medical bills and lost wages, and explain in detail the effect that those injuries have had on our client. The value of a claim is affected by many factors, including the severity of the injury, the client’s previous medical history, whether the client lost time from work and whether a permanent injury has been sustained.

There are special statutes in Maryland that govern the settlement of your property damage claim. They provide that the insurance company may not deny or delay payment of a claim for property damage because the claimant, or another person has a claim for bodily injury arising out of the same or another accident. The insurance company must pay promptly for property damage where there is coverage and where there is no significant dispute concerning liability for the payment of the full property damages or the amount of those damages, including a rental car. A payment for property damage is not to be construed as an admission of liability in any subsequent claim for personal injury.

After the demand package is sent to the insurance company, it is reviewed by an adjuster. The adjuster’s job is to try to assess liability, and where applicable, try to settle the claim for as little money as possible. Our job is to try to recover as much money as we can for our clients. There are two types of compensation to be considered in evaluating an injury case – economic damages and noneconomic damages. These are typically referred to collectively by attorneys as damages. Economic damages are the types of things that are easily quantifiable in terms of dollars and cents. Examples of economic damages include medical bills, lost wages, cost to repair property damage and rental car expenses. Noneconomic damages are things that are not easily reduced to dollars and cents. These typically include pain and suffering and loss of consortium. In our experience, people who attempt to settle their own claims often sell themselves considerably short in the area of noneconomic damages.

When we put together a demand package, we will assess the value of your case. Generally, we’ll try to predict a settlement range that accurately reflects the value of the case. Many factors affect the value of a case. In addition to the factors explained above, these factors also include the type of injury sustained, where the accident occurred, whether liability is likely to be disputed and whether the client will need additional medical treatment in the future. Other intangible factors may also apply, such as whether the plaintiff comes across as a likeable person, whether the claim will be heard by a judge or jury, and where the case can be tried.

In the typical case the insurance adjuster will make a settlement offer. If liability is disputed, and no settlement offer is made, then we must file suit in order to proceed. In most cases, liability is not seriously disputed. The typical example is when a person is in traffic and hit from behind. In cases where there is no dispute of liability, the only issue is damages. There are a whole host of reasons why an insurer might dispute damages. The most common include a disagreement overt he severity of the accident or the existence of a pre-existing medical condition on the part of the claimant.

Once a settlement offer is made, we discuss the offer with our clients. One of the first things we’ll do is go back to our previous prediction about the value of the case and see how close the settlement offer is to what we believe the case is worth. Depending on the gap between the settlement offer, and what the case is worth, we’ll either recommend presenting a counter-offer, or filing suit. Whether or not to file suit, and whether to take a case to trial is always a decision that is made by the client. While we will certainly provide our opinion, no client is compelled to accept a settlement offer which they do not agree with. Likewise, even if we believe that a case should go to trial, rather than be settled, we never proceed to trial unless our client agrees.

If a settlement agreement is reached between the parties, the insurance company will send us a check and a release. The release, signed by the client, ensures that the client will not sue the person that caused the accident in the future. If a suit is pending, when a settlement is reached, that suit is dismissed as part of the settlement. A settlement agreement is a contract that resolves the claims between the person that was injured and the person who caused the injury. It provides for compensation for the injuries that have been sustained and protects the defendant from any potential liability in the future.

If a settlement is not reached shortly after the demand package is sent, or if liability is in dispute, the next step is to file a lawsuit. When filing a lawsuit, we take a close look at the value of the case to determine in which court we want to file suit. There are generally two decisions that need to be made at this point. The first is whether we want to file in District Court, where we will get a judge or bench trial, or file in Circuit Court where we can request a jury trial. Second, a decision must be made as to the county in which the lawsuit should be filed. A lawsuit is commenced by filing a complaint. The complaint identifies the parties to the lawsuit, explains the reasons why the plaintiff is requesting assistance of the court and what relief is requested.

Whether to file in District Court or Circuit Court is primarily determined by the value of the case. If the case is likely to result in a judgment under $30,000, we will usually file suit in the District Court. If the case is likely to result in a judgment over $30,000, we will file suit in the Circuit Court. We generally request a jury trial in cases which get filed in Circuit Court.

Which county we can file suit in depends on which court has jurisdiction over the claim. Generally, the suit has to be filed in a county which has some connection either to the events giving rise to the claim, or to the defendant. A lawsuit can be filed in the county where the defendant lives, carries on a regular business, is employed, or habitually engages in a vocation. A corporation canal so be sued where it maintains its principal place of business. A claim for personal injury may also be filed in the county where the accident occurred. A claim against a non-resident defendant may be filed in any county in the state. Which county has jurisdiction to hear the claim will likely affect the value of the claim. This is due to demographic differences and tendencies of juries in some counties and Baltimore City, to award higher verdicts than in other counties.

Following the filing of a personal injury claim, the next steps depend on whether the claim is proceeding in Circuit Court or in District Court. In District Court, the claims are smaller and the rules of procedure are less complicated. A claim filed in District Court cannot exceed$30,000. When a claim is filed in District Court, we file under a special law that allows us to introduce evidence of the plaintiff’s medical bills and records, without requiring the plaintiff’s doctor to testify. This is sometimes referred to as a “10-104 case”. You might also hear people refer to a “10-104” notice. These terms come from the section of the Maryland Code, which governs these cases, Section 10-104 of the Courts and Judicial Proceedings Article.

If we are filing a claim for over $30,000, we must file in the Circuit Court. In these cases, the rules do not permit us to proceed as a 10-104 case. If the case goes to trial, we must take testimony from an expert witness, usually a doctor, concerning the plaintiff’s medical treatment and the reasonableness of the medical bills. Trying a case in which a doctor’s testimony is required is expensive. In addition to paying the doctor a fee for the deposition (typically, $1,500 or more), we must also hire a court reporter and a videographer. These expenses are not something which the court can award as damages. Therefore, we must carefully evaluate a claim before deciding whether it merits the extra expense of hiring a doctor to testify.

Once a lawsuit is filed, either in District Court, or in Circuit Court, the court will generate a summons. The summons, together with a copy of the lawsuit must be served on each defendant in the case. The defendant is under no obligation unless and until they are served. After service, the defendant will have a period of time to file an answer. In most cases, the defendant will file an answer and will serve discovery on the plaintiff. We also serve discovery on the defendant, usually when the answer is received, but sometimes with the suit itself.

In a District Court case, there is very little pre-trial discovery. The parties are limited to one set of fifteen (15) interrogatory questions. Interrogatory questions are exchanged in writing, prior to trial, and must be answered, in writing, and signed by the answering party. Like testimony, they can be considered by the judge, if introduced into evidence. Many times interrogatory questions are used to determine things such as who the witnesses in a case might be, what pre-existing medical conditions the plaintiff has, and what evidence of damages will be presented at trial. As plaintiff’s attorneys, we are usually seeking to establish two main things in pre-trial discovery – the liability of the defendant and the existence of insurance to cover a judgment.

In a Circuit Court case, there can be extensive pre-trial discovery. This can include multiple sets of interrogatory questions, up to thirty per side, request for admissions of fact and genuineness of documents, requests for production of documents, and depositions. Circuit Court cases typically will include a deposition of the plaintiff in which the plaintiff will be required to come to an office an answer questions about her claim, including her medical history, pre-existing conditions and other issues that may be relevant to the proceedings.

In a District Court case, if the damages claimed exceed$15,000, the defendant may request a jury trial. If the defendant requests a jury trial, the case will be removed from the district court and transferred to the Circuit Court for the county where it was filed. The District Court does not have jurisdiction to hear jury trials. A defendant may also request a jury trial in a Circuit Court case if the plaintiff has not already done so. It is rare that we would file a case in Circuit Court and not request a jury trial.

An injury case is presented in court, whether before a judge, or a jury, through the testimony of witnesses and the introduction of exhibits into evidence. The typical types of exhibits will include copies of the medical records and bills relating to the injury, photographs of the accident scene, photographs of the vehicles involved, and photographs of the injuries sustained. Other types of exhibits may be relevant depending on the specific case.

Even though suit is filed in a case, and discovery is completed, there is still a significant chance that a case may settle before trial. Often, we’ll have clients tell us that they really don’t want to go to court. Being ready, willing, and able to present your case to a judge or jury, is the only way to ensure that you receive fair and just compensation for your injuries. While not every case goes to trial, in fact the majority of cases settle prior to trial, we prepare and prosecute every case with the assumption that it will go to trial. We believe that this approach shows insurance companies that we are serious about our clients’ cases and that we are willing to step up to the plate and try a case where that is in the best interest of the client.

At the conclusion of your case, whether it is wrapped up by a trial or by a settlement agreement, in most cases there is a recovery of money from the defendant. Usually a check is received by us, in the mail, a few days after the parties reach a settle mentor after the trial concludes. The check, made payable to the client and to our firm, is endorsed by both parties and deposited into an escrow account. After the check clears, disbursements are made to pay medical bills, litigation costs, attorney’s fees and compensation to the client.

Various other issues can arise during the course of a personal injury case. We often assist our clients in fending off collection calls, dealing with health insurance liens, and various things that are collateral to their personal injury claim. We generally provide these services at no additional costs to our personal injury clients. We understand that dealing with the aftermath of a personal injury can be overwhelming. It is our goal to reduce the stress and anxiety that our clients experience as a result of the legal issues arising from the accident to allow them to focus on their personal recovery and getting their lives back to normal.

The information contained on this page is provided as general information and does not constitute legal advice. The experienced attorneys at Baldwin, Briscoe Steinmetz, P.C. can assist you if you have been involved in a motor vehicle accident. Call today to schedule a free, no-obligation, in-office-consultation for any injury related claim. The law offices of Baldwin, Briscoe & Steinmetz, P.C. handle accident claims in Maryland and the District of Columbia.

What is my Personal Injury Case Worth?

When asked this question, I often make the analogy to taking your car to the mechanic. If you got to the mechanic and describe the problem that your car is having, the mechanic can sometimes suggest a variety of possibilities as to what the cause of the problem may be. In most circumstances, however, the mechanic cannot tell you exactly what the bill will be until they get under the hood and start taking things apart.

Your personal injury case is similar. As a personal injury attorney, one of the most frequent questions that I get from my clients is “How much money can I expect to receive for my case?” This is perfectly understandable because it is in my client’s best interest to get as much money as possible for their injuries.

There are many factors that will affect the value of your personal injury claim. In a typical car crash case, some of these factors are:

How did the crash occur? Is liability conceded or in dispute?
How much insurance does the at-fault party have?
Do you have an uninsured-motorist policy that will apply here?
What is the nature of your injuries?
How well did you recover from the injuries?
How long did it take you to recover from the injuries?
Do you have a permanent injury?
Did you miss time from work, or will you be required to take off work in the future because of your injuries?
What type of medical treatment have you received?
Is additional medical treatment going to be needed in the future?
Where did the crash occur?
Where does the at-fault party reside?
Where is the at-fault party employed?
Were other people injured in the crash?

Despite what you may hear, there is no mathematical formula for determining the value of your personal injury case. Judges and juries do not simply plug the amount of your medical bills and lost wages into a calculator and press a button to determine the amount of money that you should receive. If that were the case, then we wouldn’t need judges or juries, the parties would just use a computer.

In a jury trial, the jury decides how much money an injured person will receive for the injuries. Juries are instructed to base their verdict on the following factors:

The personal injuries sustained and their extent and duration
The effects such injuries have on the overall physical and mental health and well-being of the plaintiff;
The physical pain and mental anguish suffered in the past and that with reasonable probability may be expected to be experienced in the future
The disfigurement and humiliation or embarrassment associated with such disfigurement;
The medical and other expenses reasonably incurred in the past and that with reasonable probability may be expected in the future;
The loss of earnings in the past and such earnings or reduction in earning capacity that with reasonable probability may be expected in the future.

Each individual person may be affected by their injuries in a unique way. An older person or a person who has been previously injured or had a degenerative condition may suffer much more from an impact than a healthier or younger person would suffer from the same impact. Juries are instructed that they may not reduce the amount of damages that a plaintiff receives because another individual would likely not have been injured or not have been injured as severely under the same circumstances.

Another factor that frequently comes up in trials is the effect of pre-existing conditions. Many of our clients suffer from degenerative conditions such as arthritis or have been previously injured in another accident, perhaps many years before. The law says that if you have some previous condition, you may still be compensated if that condition is made worse or aggravated because of the crash.

A married couple is entitled to be compensated for wrongful damage to their marital relationship. The damages which will justify compensation include their loss of companionship, affection, assistance, and loss or impairment of sexual relations.

Individuals may also be compensated for pre-impact fright. That is a plaintiff can recover for emotional distress and mental anguish that the plaintiff suffered between the time the plaintiff realized that there would be an accident and the accident. In some cases, particularly where the person is killed in a crash, this can be a central component of the case.

At Baldwin, Briscoe & Steinmetz, we try to maximize the value of each of our client’s cases. We believe that each person has a story to tell. Finding that story is what resonates with judges and juries. We take a personal approach to finding out what impact an injury has had on our client’s life and using that to tell the story. We believe that approaching the case in this way allows us to truly connect with juries and make them feel like they have a stake in improving our client’s situations.

While we cannot provide you with a website calculator to tell you the value of your case, we can give you an idea of the amount of compensation that you may expect to receive when we sit down with you and discuss the facts of your particular case. As we obtain medical records, bills, and other information particular to your case, we can give you a clearer picture of what to expect in a settlement or verdict. Each case is unique!

Attorney Rick Steinmetz Secures $200,000 Verdict

Baldwin, Briscoe & Steinmetz Secures $200,000 Jury Verdict

On January 13 and 14, 2020, Rick Steinmetz, a partner with Baldwin, Briscoe & Steinmetz, P.C. secured a significant win on behalf of our client with a jury verdict in Prince George’s County Circuit Court. Our client, “JB” was injured in a car crash in Waldorf, MD. Our client was a passenger in her daughter’s car and was in traffic on Route 301. The vehicle was struck violently by the defendant who failed to slow down or stop for traffic. There was significant damage to the vehicle.

The case was complicated because while our client suffered injuries to her neck, back and knees, the client had significant pre-existing conditions. At issue in the case was our client’s total knee replacement surgery which took place just a few months prior to trial. The defense argued that the knee replacement was necessitated by our client’s arthritis that existed previous to the crash. Our client had seen a Rheumatologist and tried physical therapy prior to having the knee replacement performed. In addition, our client had previously had surgery in which she had a disc removed from her neck.

The defendant hired an orthopedic doctor in an attempt to discredit our client’s claim. Their doctor said that our client had some minor strains and sprains and scraped up her knees and that all of those injuries had healed. The defense claimed that the significant injuries that our client was claiming were not caused by the crash. They also claimed that she had fully recovered from the crash without any residual impact or disability.

The case went to trial and the defendant tried to make a big deal out of the fact that our client waited four years to have knee surgery. We told the jury in closing that this made sense because she had, in the mean time, exhausted all of the more conservative treatment options that were available to her, such as pain medication, injections and physical therapy.

One key to our case was the testimony of our client’s doctor. He explained to the jury that it makes sense that some of the degenerative changes that our client experienced would take weeks or even months to become apparent and that because they were not immediately visible after the crash did not mean they weren’t related. Our client’s doctor testified that in his opinion, the trauma she suffered accelerated the arthritic problems, requiring her to need surgery sooner in time.

The defendant admitted to causing the crash and testified that prior to the crash, he couldn’t have been going more than twenty to twenty-five miles per hour! I thought this was a gift and broke that down into feet per second when I made my closing arguments to the jury.

In closing, the defendant argued to the jury that the knee injury and surgery was not causally related to the crash. He argued that eventually she would have needed surgery and that the jury shouldn’t compensate the plaintiff for the surgery. The defense attorney suggested that the jury award $20,000 to $25,000 in damages “for relatively minor injuries”.

Prior to trial the defendant’s insurance company had offered just $20,000 to settle the case. The jury was out for less than an hour. The jury returned a verdict in the amount of $200,000, thus fairly compensating our client for her injuries.
If you have been injured in a car crash, slip and fall, or accident of any kind, you can contact our firm for a free, no-obligation consultation with one of our personal injury attorneys.

Settling your car accident claim.

What are you entitled to get compensated for?

You’re in a car accident. It wasn’t your fault. Your plans for the next week have now been suddenly upended. You now have a “to do” list that seems like it’s a mile long – doctor’s visits, rental car, dealing with the body shop. Next thing you know, the insurance adjuster is on the line wanting a statement from you. A few hours later, she calls back with a settlement offer. What does this all mean, anyway?

Before you lose your mind trying to ensure that you aren’t taken for a ride by the other guy’s insurance company, take a few minutes to understand all of the things that are happening here. Most important, you want to know that settling your claim prematurely means that you give up the legal right to pursue money damages down the road. You should see an attorney before signing any release unless you are certain that you understand what it means.

PROPERTY DAMAGE

One of the first concerns that you will likely have following an accident, particularly one with significant impact is getting your car repaired. In some cases, you car is still in good enough condition to drive after the accident. In other cases, of course, the car cannot be driven after the accident. In either event, you are entitled to have your vehicle repaired or replaced. In Maryland, property damage claims are handled as part of a separate process from your injury claim. This means that, in cases where there is no dispute as to liability, the adverse insurance company should immediately take care of your property damage. This includes setting up an estimate, getting the car in for repair and getting you into a comparable rental car while your vehicle is in the shop.

If the other guys insurance company does not cooperate in handling your property damage claim, then you can turn that claim into your own insurance company, if you have collision coverage as part of your policy. If your insurance company pays to have your vehicle repaired, they will usually seek reimbursement from the at-fault party’s insurance company through intercompany arbitration. Collision coverage is not dependent upon who caused the accident. You can get reimbursed under your collision coverage, even if you are the at-fault party. If that is the case, the insurance company will not be able to go after the other party for reimbursement.

What if the other guy doesn’t have insurance? Although Maryland law requires that everyone driving a motor vehicle in the state carry minimum liability policies, not everyone follows the law. Surprised? I didn’t think so. When the other party doesn’t have insurance, or doesn’t have enough insurance, your claim can be submitted to your insurance company under the uninsured motorist or underinsured motorist portion of your policy.

If liability is disputed, in other words, it is unclear who is at-fault for causing the accident, then the adverse insurance company likely will not settle your property damage claim. In this case, you will have to resolve your claim through your insurance company. If you don’t carry collision coverage, then you can seek property damage reimbursement through litigation. If you don’t have collision coverage, then you must take reasonable steps to mitigate your damages until the liability question is resolved. You cannot simply continue to drive a rental vehicle for months or years until the claim is resolved and expect to be reimbursed at that time. If your vehicle is not going to be repaired, and you do not have collision coverage, then you are better off purchasing another vehicle a quickly as you can. If you owe money on the vehicle that was totaled, you may be able to roll the debt over into a new vehicle loan.

Maryland law allows you to recover the cost to repair your vehicle to the condition that it was in prior to the accident. You may also be able to recover the depreciation value that results from the fact that the vehicle has been in an accident. If the cost to repair the vehicle exceeds the market value of the vehicle prior to the accident, however, you’ll only be able to recover the value of the vehicle, not the repair cost. This is referred to by insurance companies as a “total loss.” It is important to keep in mind that the insurance company only has to pay the fair market value of your vehicle, not the replacement cost. If you have an older vehicle, you might not be able to recover the full replacement cost or the cost to pay off your loan.

The insurance company will use standard guides, such as Kelley’s Blue Book or N.A.D.A. to determine the value of your vehicle. Once your vehicle is repaired, or the insurance company has issued a check for the replacement value, they will no longer continue to pay for a rental car.

YOUR MEDICAL BILLS

You are entitled to compensation for medical bills arising from the care or treatment that you receive in connection with your car accident. Simple? Pretty much. Sometimes there are issues such as causal relation, that is whether or not an injury existed prior to the car accident. For the most party, medical bills are generally straightforward. When making a personal injury claim, you are entitled to the full retail value of the medical treatment that you received. The fact that you may have had a health insurance company or your own auto insurer’s personal injury protection pay some or all of the medical bills does not affect what the at-fault party is responsible for. This generally creates a situation where what the other side has to pay is more than what you have to reimburse the provider for. Although there may be a health-insurance lien in your case, normally the injured party comes out a bit ahead as far as this portion of the settlement goes.

PAIN AND SUFFERING

The colloquial term “pain and suffering” refers to what the law calls noneconomic damages. Noneconomic damages are intended to compensate the injured person for having gone through the traumatic experience of an automobile accident. In determining noneconomic damages, factors to be considered are the types of injuries that have been sustained and their extend and duration, the effect of those injuries on the overall physical health and mental well-being of the injured person, physical pain and mental anguish that the injured person has endured as well as the pain and anguish that they can reasonably expect to endure in the future, whether or not the person is disfigured, and if so, the humiliation or embarrassment that is associated with the disfigurement. Noneconomic damages, in many cases, constitute the largest portion of a settlement or verdict.

LOSS OF EARNINGS

When a person is injured, sometimes they are not able to engage in their normal occupation or profession. In most cases this leads to a temporary loss of income. In severe cases, the loss of income can be permanent. In either case, the injured party has the right to recover lost earnings from the individual who caused the accident. In Maryland you can recover for loss of earnings, even if you have salary or sick time that reimburses you when you are off work.

GETTING AN ATTORNEY

Making sure that you are properly compensated when you are injured in an automobile accident is very important for your financial well-being. Insurance companies are in business to make a profit, not to look out for your well-being. It is important that you seek experienced legal representation to make sure that your rights are protected. Only an attorney who has the experience to properly assess the value of your claim can advise you whether the insurance company is making an appropriate settlement offer. I have seen settlement offers double, triple, and more when an attorney gets involved in the case. Picking the right attorney is also important. You want to retain an attorney who is not afraid to pursue your claim and go to trial, if necessary, not one who is going to simply advise you to take the first offer that the insurance company puts forth. Insurance companies know which lawyers will take a case to trial and which ones won’t. At Baldwin, Brisoce & Steinmetz, P.C., we have a reputation for taking cases to trial when the insurance company doesn’t offer what the claim is worth. There is no cost or obligation associated with our personal injury consultations. Call us today to speak with us about your case.

The information contained on this page is provided as general information and does not constitute legal advice. The experienced attorneys at Baldwin, Briscoe & Steinmetz, P.C. can assist you if you have been involved in a motor vehicle accident. Call today to schedule a free, no-obligation, in-office-consultation for any injury related claim. The law offices of Baldwin, Briscoe & Steinmetz, P.C. handle accident claims in Maryland and the District of Columbia.

Hit and Run Accident Claims in Southern Maryland

If you have been injured in a hit and run accident in Southern Maryland, you probably have a lot of question, principally how are you going to be compensated for your losses? In a “normal” accident case, there is an injured person and a person who caused the accident. The at-fault party’s insurance company pays for the injuries suffered by the injured person and everyone moves on with life. When the person responsible for the injuries flees the scene, the normal plan doesn’t work.

People may flee the scene of an accident for various reasons. For instance, they may be impaired or intoxicated, may be driving without a license, or may be driving without insurance. It is also possible that a person may leave the scene unaware that they have caused an accident. They may have caused an accident without having made actual contact with another vehicle or object.

In some cases, you or another person may be lucky enough to get either a complete or partial tag number. Using this information, the police may be able to track down the at-fault party. If a report is made quickly enough, the police may be able to post a lookout and nab the at-fault party.

If you have been involved in a hit and run accident, you can make a claim against your own insurance policy to recover compensation for your injuries and property damage. All insurance policies in the state of Maryland require a minimum of $30,000 per person and $60,000 per accident in uninsured motorist coverage. You can and should purchase more uninsured motorist protection than the required minimums. In addition, you should purchase personal injury protection (PIP) coverage as part of your auto insurance policy.

When an uninsured motorist claim is made, your insurance company essentially becomes the insurance for the uninsured driver. This might seem counterintuitive – why are you paying to protect someone that has caused you harm? – but it really isn’t. The insurance company still has to compensate you, the individual who has suffered the loss. Furthermore, your insurance company will, in most cases, seek to recover whatever they pay you from the at-fault party, when that party can be identified.

An uninsured motorist claim is very similar to a normal car accident claim in the way that it is resolved. It is simply a different party standing in the shoes of the defendant. You are still legally entitled to the same compensation that you would be able to recover if the at-fault driver were the defendant in the case. What you can recover is normally based more on the severity of your injures and your economic losses, rather than the issue of who is ultimately writing the check.

When a Hit and Run is not a Hit and Run – In some cases, the party causing the accident flees the scene without having made contact with another vehicle. Maryland attorneys generally refer to these cases as “phantom vehicle” cases. A phantom vehicle case can occur when another vehicle cuts you off, or forces you off the road, resulting in an accident. The at-fault driver may not even have been aware that an accident occurred.

Regardless of the nature of the accident, the plaintiff must prove, by a preponderance of the evidence, that the at-fault driver caused them injury. In a hit-and-run or phantom vehicle case, usually only the plaintiff will testify about what happened. The person who caused the accident will not be in court to offer the judge or jury an alternative explanation as to how the accident occurred.

If you have been injured in a hit and run accident, call us to schedule a free no-obligation consultation. You may also want to check out the rest of our website for more information on making a personal injury claim:

How Car Insurance Works

HOW AUTOMOBILE INSURANCE WORKS

Everyone who drives a vehicle in Maryland is required to carry an automobile liability policy. In Maryland, drivers must carry a policy with at least $30,000 per person and $60,000 per crash in insurance coverage. What this means is that the driver who hits you, by law, must have an insurance policy that will pay up to $30,000 to you for injuries, if they cause an accident in which you are hurt.

If there are multiple people that are injured as a result of the crash, the at-fault driver’s policy will pay up to a total of $60,000 for medical expenses, lost wages and pain and suffering, but will not, under any circumstances, pay more than $30,000 to any individual. If there are more than two people that are seriously injured, the at-fault driver’s insurance may end up paying less than $30,000 per person. The per person and per crash limits are the most that that the insurance company is obligated to pay if there is a crash.

The sad fact is that in a serious car crash, the Maryland minimum policy limits are never going to be enough to compensate an injured person. Since you cannot choose who will crash into you, you should always have enough uninsured/underinsured motorist coverage as part of your own insurance policy. Unlike the liability portion of your policy, uninsured and uninsured coverage is money that will be paid directly to you, or your medical providers, if you get hurt.

Uninsured Motorist Insurance is part of your own policy. Part of the premium that you pay every time you make a car insurance payment goes to pay for coverage to protect you if you are involved in an accident caused by someone who doesn’t have automobile insurance. Even though all drivers are required by law to have automobile insurance, unfortunately there are some people that don’t follow the law. If you are in an accident caused by someone who is not insured, you can make a claim against your owner insurance company to be compensated. An uninsured motorist claim is very similar to how a normal claim works. Your insurance company essentially stands in as the insurance company for the at-fault party. It sounds weird and it is- you may even have to sue your own insurance company to pay for the claim that they are contractually obligated to cover.

Another part of your policy is Underinsured Motorist Coverage. Underinsured Motorist Coverage is there to protect you when someone hits you and they have insurance, but not enough. Remember, individual are only required to carry $30,000 per person/$60,000 per accident in car insurance. If someone hits you and causes serious injuries, you may have a claim that is worth much more than $30,000. If you have a claim that is worth, for example, $100,000, you will recover $30,000 from the at-fault party, and then pursue a claim for the remaining $70,000 against your own insurance company.

One of the most frustrating things that we see as personal injury lawyers is when someone has been badly hurt in a crash and there is not enough insurance. We recently had a case in which there were very serious injuries both to our client and to others involved in the crash. In fact, one of the other people in the vehicle in which our client was riding was killed. In addition to our client and the person killed, there was a third person who was seriously injured in the crash. The party that caused the crash – that ran into the vehicle in which our client was riding had only $100,000 in insurance, not nearly enough.

Our client was able to get money from the at-fault party and was able to recover additional money against the underinsured motorist policy for the vehicle that she was riding in. Unfortunately, it still didn’t fully compensate her for the injuries sustained. Our client would have recovered significantly more money if she had her own insurance policy with UIM coverage.

In 2018, Maryland enacted a new Enhanced Uninsured Motorist Insurance law. Unfortunately, enhanced uninsured motorist coverage is optional and not the default coverage that applies. You must – and should – ask your insurance carrier to provide enhanced uninsured motorist coverage when you obtain or renew your insurance policy.

Most of the time we are dealing with underinsurance issues rather than complete lack of insurance issues. While it happens that sometimes our clients are hit by someone with no insurance at all, far more common is the situation where the person hitting them has insurance, but just not enough.

Prior to 2018, if you had an uninsured motorist claim, your insurance carrier was only liable for the amount of insurance coverage less the available policy from the at fault party. So if you had $30,000 in uninsured motorist coverage, and the at fault party had $30,000 in coverage, you could not recover any additional money against your own policy.

In 2018, the law changed and now insurance companies must offer you the option of enhanced uninsured motorist coverage. Now, if you have enhanced UIM, and you are hit by someone who has $30,000 in coverage, you can collect the full value of your UIM policy. Under the old law, if you had $100,000 in UIM coverage and the other party had $30,000 in coverage, you cold only recover $70,000 against the UIM policy. With enhanced UIM, you can recover $30,000 from the at-fault party and an additional $100,000 from your own policy.

We recommend that you carry as much UIM as you can reasonably afford. At a minimum, you don’t want to have less than $100,000 in UIM coverage. If you can afford $250,000 or more in coverage, it is wise to have that in place.

The other important type of insurance to make sure you have is Personal injury Protection, also known as “PIP” coverage. PIP is part of the insurance policy that you’ll have with your insurer. PIP insurance pays for your own medical expenses and lost wages in the even that you are in a crash. PIP is what was call “No fault” insurance coverage. It doesn’t matter whether you or someone else caused the crash. PIP will pay the benefits at the time that you apply.

PIP pays for only two things – medical bills and lost wages. You cannot use PIP to pay for things such as a rental car or pain and suffering. The standard PIP policy is $2,500, but you can get a policy as high as $10,000. PIP coverage can be waived, but this is a bad idea. Never waive PIP coverage.

PIP is great to have because it provides a benefit that doesn’t have to be paid back if you recover money from a third party. If you have health insurance (and if you don’t – you should!), and you go to the hospital or doctor following a crash, your health insurance provider will get reimbursed out of the money you recover. Under your health insurance policy, you are contractually obligated to pay them back. They have what is called a subrogation right to recover they money they paid for your care. PIP has no subrogation right. If PIP pays for your hospital stay, you do not have to pay that money back when your case settles. Obviously, it is to your benefit to pay for everything you can using PIP dollars before dipping into your private health insurance.

It is to your benefit to have a bigger PIP policy. For just a few bucks more a year, you have the option to pay with money that won’t result in a lien if you get injured.

How Your Property Damage Claim Works

If you are involved in an automobile accident while in your own vehicle, you essentially have two claims. First, you have a personal injury claim. Second you have a property damage claim. This page is to help you deal with the property damage. For detailed information about your personal injury claim, click here instead.

The part that caused the accident is legally obligated to pay you for the expense incurred as a result of the crash. This means that in addition to compensating you for your injuries, they have to pay to have your car repaired or replaced and to pay for you to have a rental car for a reasonable period of time while your car is repaired.

In almost every case, the insurance company for the other driver will settle the property damage portion of your claim soon after the crash. The property damage claim can be settled before you are finish treating for your injuries and usually well before you are even ready to make a claim for your injuries.

You Don’t Need an Attorney to Resolve Your Property Damage Claim
In most circumstances, you can get your car repaired or replaced, and get your rental car paid for without the assistance of an attorney. If you have collision coverage through your own insurance policy, then it is super easy since you are dealing with your own company. Even if you don’t have collision coverage, however, you can deal with the adverse insurance company and they will pay for your rental and repair when their insured is at fault.

Insurance adjusters may have preferred body shops that will work closely with the adjuster and have your car repaired. You may choose to use one of these shops, but under no circumstances are you obligated to use the shop suggested by the insurance company. If you car is drivable, you might want to get estimates from several different body shops before making a decision. Obviously, if your car is not drivable, getting multiples estimates is a bit more challenging.

The at-fault driver’s insurance company will assign an adjuster to work with you in getting your property damage claim and rental claim resolved. You should make every effort to work with the adjuster to get the property damage claim resolved. You really, almost always, are not better off going to court t resolve the property damage portion of your claim. It will likely cost you thousands of dollars to do so. So, unless the adjuster is being extremely unreasonable, then you don’t want to get into that fight.

You do not want to give the adjuster a recorded statement. The adjuster may request that you give a recorded statement, but they cannot require you to do so.

What the Insurance Will Pay For

Under Maryland law, the insurance company is required to put you back to where you were before the crash. This doesn’t necessarily mean what you think. What it means is that economically, you will be in no worse position than before the crash. The insurance company will generally pay the cost to repair your vehicle. In addition, you may recover some costs for loss of value as a result of the crash. If your vehicle is not repairable, or if the cost to repair is close to or exceeds the value of your vehicle, the insurance company may opt to pay you the value of the vehicle as it was before the crash. The insurance company, not you, get to decide whether the vehicle will be totaled.

If the vehicle is going to be repaired, you have the right to choose who does the repairs. The insurance company is obligated to pay for the repairs and you are entitled to new parts.

Once your vehicle is repaired, or once it is declared a total loss, your right to recover for a rental car will be up. If your vehicle is totaled, you’ll likely be able to get another two or three days of rental coverage, but you want to get a replacement as quickly as possible so that you will not have to pay out of pocket for rental expenses.

It is not unusual for us to see clients who have relatively new vehicles and get in a crash and the insurance doesn’t pay the full outstanding amount on their loan. This is the risk that you take when you have financed a vehicle and your loan is for the full amount of the vehicle. Some people purchase “gap insurance” that covers the difference between the value of the vehicle and the outstanding loan.
The reason that you may have a loan for more than the vehicle value is that vehicles often depreciate rapidly. Chances are that if you financed the full purchase price of your vehicle, that your vehicle is worth less than you owe on it almost immediately. If your car is financed and it is totaled, you are still obligated to pay the balance due on your loan regardless of the fact that you no longer have a car.

If the car has a lien on it, any insurance proceeds will go to pay off the lien first. So, you might not receive any money for the vehicle as a result of your claim.
When negotiating your property damage claim, make sure to thoroughly review the appraisal prepared by the insurance company. Make sure that your appraisal accounts for any options and extras that your car had. For example, if your car had power seats or a sunroof, make sure that is reflected in the appraisal. Those types of extras can add hundreds or even thousands of dollars to the value of the vehicle.

If you are not happy with the property damage resolution proposed by the insurance company, you have a couple of options. First, you can file a lawsuit to recover the cost of the car. There are reasons that this may not be a good option for you – particularly if you have been injured in the crash. If that is the case, you definitely want to talk to a personal injury attorney before you go down this road. Secondly – you can accept the total loss and then buy back the car from the insurance company for salvage value. You can then decide to get it repaired, or perhaps sell the parts, its up to you.

Wrongful Death

If you have lost a loved one whose death was caused by a wrongful act, our firm understands the emotional effects and will strive to achieve a successful wrongful death claim.

While no attorney or law firm can “fix” your loss, our firm’s experience can help you recover from the economic losses associated with your family member’s passing and compensation for the emotional loss.

Read Further

Maryland Wrongful Death Claims – Speak to an Experienced Attorney Today

When someone is fatally injured in an automobile accident, or other circumstances due to someone else’s negligence, their family deserves to be compensated. When an individual dies because of another’s negligence, there are actually two separate claims or lawsuits that may be brought. First, the estate of the deceased individual may bring a claim for negligence. Second, the surviving family of the deceased may bring a claim for wrongful death.

A wrongful death lawsuit is for the benefit of the wife, husband, parent or child of the deceased individual. If no one qualifies to bring a wrongful death due to familial relationship, any individual who was related to the deceased person by blood or marriage and who was substantially dependent upon the deceased person may bring a wrongful death claim. Unlike some states, an action for wrongful death may not be brought by the decedent’s estate.

A wrongful death claim may not be brought by an individual who is complicit in the death of the deceased. A wrongful death claim may not be brought by a parent of a child if the parent has been convicted of a sexual offense against the child’s other parent. The wrongful death statute also prohibits a parent or child from bringing a wrongful death action where the plaintiff has caused the death of the other.

When there are multiple beneficiaries for a wrongful death claim, only one action may be brought, but the damages which are awarded will be divided among the beneficiaries. Because a wrongful death claim is designed to benefit the family of the decedent, not the estate, it is a separate cause of action from any claim for injury by the decedent. It may be brought together with a claim by the decedent’s estate, or separately.

Damages in a wrongful death claim can include both economic and noneconomic losses. Noneconomic losses include such things as mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, martial care, parental care, filial care, attention, advice, counsel, training, guidance, or education because of the loss of a spouse, a minor child, a parent of a minor child, or an unmarried child who Is not a minor. Wrongful death claims exist to compensate the surviving family members for the loss of someone they loved. Wrongful death actions are different than survival actions in that survival actions are brought by the estate of the deceased to recover for the pain and suffering that the deceased person endured prior to their death.

A claim for wrongful death must be filed within three years of the death of the injured person. When an individual is killed because of an occupational disease, the claim must be filed within ten years of the date of death, or three years after the cause of death was discovered; whichever is shorter. In some cases, a wrongful death claim may be brought even when other actions, such as negligence, are barred by the statute of limitations.

One Wrong – Two Claims

When an individual loses their life because of another’s negligence, be it from an automobile accident, medical malpractice, or other wrongful conduct, there are two legal claims that may result.

Survival Action

The deceased person’s estate, through the personal representative will file a claim called a survival action for recovery for the injuries that were suffered by the victim. This allows the estate to be compensated for the pain, suffering, and any economic expenses incurred, such as the cost of medical treatment, prior to the moment of death. The damages in a survival action are based on the suffering of the victim who died. These types of damages include compensation for pain and suffering before the death, the cost of medical care and the emotional trauma of knowing that you are about to die. A survival action may also recover for a person’s final expenses, such as their funeral and burial expenses.

If the deceased person does not have an estate, perhaps they died without a will and no heirs, an estate can be opened specifically for litigation purposes. This will allow the victim’s family to bring a survival action. The current limit on non-economic damages for a claim in a survival action is $865,000 (2017). This limit increases, by law, each year on October 1, by $15,000.

Wrongful Death Action

A wrongful death claim is brought by the survivors to relatives of the victim seeking compensation due to the victim’s accident death. The wrongful death statute is designed not to compensate the injured person, but to compensate the members of their family who have lost a loved one. Wrongful death actions provide some financial compensation to family members grieving a lost loved one. Wrongful death actions are not derivative of the personal injury claim. This means that a separate case, apart from any claim by the victim’s estate, can be filed by the family members for the loss of their loved one.

To prevail on a claim for wrongful death, the plaintiff must prove (1) the victim’s death; (2) that the victim’s death was proximately caused by the defendant’s negligence; (3) that the victim’s death resulted in an injury to the plaintiff (pain, suffering and/or economic loss); and (4) that the plaintiff is within the category of individuals who are entitled to bring a claim by statute.

Like personal injury claims, wrongful death claims are subject to statutory limits on the amount that can be recovered. The current limit on damages in a wrongful death claim is $845,000 (2017). This limit also increases, by law, each year on October 1, by $15,000. In a wrongful death claim where there are two or more beneficiaries, the damages limit is increased to 150% of the standard limit, meaning the current limit is $1,267,500, regardless of the number of beneficiaries.

Unlike noneconomic damages, Maryland has no cap on economic damages. Economic damages consist of medical expenses, whether past or future, and lost earnings, whether past or future. Economic damages based on lost earnings will be counted from the time of the accident. A plaintiff must prove future lost earnings with reasonable certainty.

How Long do you Have to Bring a Claim?

Wrongful death claims are subject to a statute of limitations. Like all claims, this is a limit on how long you can wait before filing a lawsuit to recover. In most personal injury claims, the plaintiff may bring a lawsuit at any time within three years of the date of injury.

A wrongful death claim will be subject to the same statute of limitations that applies to the underlying cause of the death. If the death resulted from someone’s negligence, then the wrongful death claim must be brought within three years from the negligent act. If it results from medical malpractice, it must be brought within five years from the act constituting the malpractice. Special rules apply to minors which may be different than the general limits stated here.

The difference between a general statute of limitations and one for wrongful death is where you measure from. Thus, if an individual is injured in a car accident, and later dies as a result of those injuries, the statute of limitations for negligence, i.e., the survival action, will be three years from the date of the accident. The statute of limitations for a wrongful death claim, however, will be three years from the date of death.

Depending on the circumstances, there may be other, shorter, limitations on bringing a claim. For instance, a claim brought against the State of Maryland, or one of its local entities, is subject to the Local Government Tort Claims Act. This requires formal notice to the entity within 180 days of the accident. While some provisions are available when this deadline is missed, its not a chance that you want to take. If a loved one has died due to another’s negligence, its important to see a lawyer as soon as possible.

If a loved one has been killed as a result of someone else’s negligence, call us to schedule a free no-obligation consultation. This is obviously a difficult time for your family. You can come in and chat with one of our experienced attorneys with no pressure to make a decision today. We never charge for a consultation in personal injury cases and we only get paid if we recovery money for you.

The information contained on this page is provided as general information and does not constitute legal advice. The experienced attorneys at Baldwin, Briscoe & Steinmetz, P.C. can assist you if you or a love one have been seriously injured or killed. Call today to schedule a free, no-obligation, in-office-consultation for any injury related claim. The law offices of Baldwin, Briscoe & Steinmetz, P.C. handle accident claims in Maryland and the District of Columbia.

Slip and Fall

The presence of dangerous hazards and conditions can result in serious personal injury. These cases can be challenging to litigate. However, we have experience with these cases and have obtained significant verdicts for our clients.

Read Further

Baldwin, Briscoe & Steinmetz secures $230,000 slip and fall jury verdict in Saint Mary’s County

It was a good day in court for Celeste Newland on April 12, 2018. After a two day trial, a Saint Mary’s County jury returned a verdict in the amount of $229,651. Mrs. Newland suffered a fractured patella when she slipped and fell on a banana peel in the Sheetz parking lot in Lexington Park, MD.

After deliberating for approximately two hours, the jury returned a verdict covering all of her medical bills and providing $200,000 for pain and suffering damages.

While conceding just before trial that the store had been negligent in failing to inspect, and clean up its parking lot, Sheetz argued that it should not be held responsible for the plaintiff’s injuries because the plaintiff was contributorily negligent and assumed the risk of her injuries.

The plaintiff testified in the case explaining the significant physical and emotional trauma that have affected her since the injury which occurred in December, 2013. As a business invitee, the store owed the plaintiff a duty of reasonable care to maintain a safe premises and to warn her of any latent defects.

In addition to the testimony of the plaintiff, Dr. Ehsan Abdeshahian, the plaintiff’s pain management doctor testified in the plaintiff’s case. The defendant chose not to call any witnesses in its case.

The defendant argued that the plaintiff was contributorily negligent, and assumed the risk of injury and therefore that she should not be able to recover as a matter of law. Under Maryland law, both contributory negligence and assumption of risk are affirmative defenses which would prevent the plaintiff from recovering any money.

At the conclusion of the case, plaintiff requested and was granted a partially directed verdict on the question of whether or not Mrs. Newland assumed the risk of her injury. Judge Karen Abrams ruled that there was insufficient evidence to support the claim that she assumed the risk of injury and that as such, that question would not be decided by the jury. Instead, the jury was left to decide whether Mrs. Newland was contributorily negligent, and if what amount of damages would be awarded, if any.

Richard Steinmetz, who represented Mrs. Newland in the case pointed out to the jury that the defendant had made inconsistent arguments about what happened and therefore should be discredited. The defendant’s argument that she was contributorily negligent, for not using due care and looking where she was walking was factually inconsistent with another argument they made, that she assumed the risk of injury. When a party assumes the risk of injury, they voluntarily chooses to encounter a known risk.

There were several factors which made this a good case to take to trial. First, the plaintiff was fortunate inasmuch as the incident was captured on the store’s security surveillance cameras. Thus the jury got to actually see the fall. Second, the injury was significant and discrete. Plaintiff suffered a fracture of the patella. Finally, the defendant’s attempt to shift the blame to the plaintiff simply didn’t seem to sit well with the jury.

If you are significantly injured in a slip and fall, an automobile accident, or any other type of accident, because another person was not careful, you may be entitled to monetary damages for your medical expenses and pain and suffering. Contact our office today for a free, no-obligation consultation regarding your injury claim.

Baldwin, Briscoe & Steinmetz secures $250,000 slip and fall jury verdict in Calvert County

On April 9, 2019, Polly Traynham found out that she made a wise decision in turning down a $50,000 offer to settle her case. A Calvert County jury awarded her five times as much money as had been offered by the defendant to settle her claim.

Polly suffered injuries back in 2016 while she was standing on a pier at the Solomon’s Island Yacht Club. She had been attending a wedding reception for a friend’s family. While guests were lining up to take photos, the pier collapsed, dropping several guests into the cold water below. Polly suffered soft tissue injuries to her neck and back and hand, and a more serious injury to her foot.
It was disputed as to whether the foot was broken. Plaintiff claimed that there was a broken bone in the foot which showed up on an MRI report. The defendant claimed that the image showed a blood vessel, not a crack. Both sides called doctors to testify to the jury as to what the nature and extent of the injuries were.

The attorney in the case, Rick Steinmetz, a partner with Baldwin, Briscoe & Steinmetz, P.C., with Ms. Traynham’s consent, decided not to introduce the plaintiff’s medical bills into evidence. The bills totaled approximately $12,000. Without introducing the bills, the jury was without an “anchor” to tie the non-economic damages. Attorney Steinmetz filed a Motion in Limine prior to trial to prevent the defendant from seeking to introduce the amount of medical bills into evidence in the case. Ms. Traynham sought compensation only for the non-economic aspect of her claim.

Both Ms. Traynham and her attorney were very pleased with the verdict. If you have questions about a personal injury matter, please give us a call today at 301-862-4400 to schedule your free, no-obligation consultation.

Slip and Fall Law

Baldwin, Briscoe & Steinmetz, P.C.’s experienced attorneys handle slip and fall cases and trip and fall cases. Generally, a slip and fall case is where the person encounters a slippery surface, such as ice or a liquid, causing them to lose their balance. A trip and fall case is where due to some problem with the floor, such as a raised tile, a hole, or an object left on the ground, the person trips. Baldwin, Briscoe & Steinmetz, P.C. offers a free consultation on slip and fall and trip and fall cases involving an injury.

Business owners and property owners can be held legally responsible when they act negligently and that negligence results in a person falling and getting injured. In order for the property owner to be responsible for the injury, there must have been notice of the dangerous condition prior to the injury. Property owners have a duty to correct or warn individuals about dangerous conditions on the property that they know about, or should know about.

Falls indoors can be caused by any number of dangerous conditions, including the presence of a liquid or sticky substance on the floor or ground, wet floors, floors that are not level, torn carpeting, raised carpeting, worn carpeting, inadequate lighting, changes in the height or depth of stairs, malfunctioning escalators and the presence of objects, such as cords. Outdoor falls can be caused by cracked or broken sidewalks, ice, snow, inadequate lighting, lack of handrails and holes or depressions in the ground.

Any fall case, like any injury case, is going to have two major components – liability and damages. There are two questions that need to be addressed in assessing the case. First, did someone do something or not do something that constitutes a negligent act? Second, what injuries or damages were proximately caused by that act of negligence?

Liability

Under Maryland law, a property owner must take reasonable steps to maintain the safety of their property. Generally, to recover the injured person, i.e., the plaintiff will have to show that the property owner actually knew of the dangerous condition or that if they had been exercising reasonable care that they would have or should have known about the dangerous condition. If a customer spills liquid in the grocery store moments before you come around the corner and slip and fall, your chances of recovery are small. If however, a customer spills a liquid, notifies an employee, and the spill is still there three hours later when you come around the corner and fall, your chances of recovery have increased significantly. Most cases fall somewhere in the middle.

The general rule is that property owners, as well as their tenants must take reasonable steps to ensure the safety of the premises. Although the general rule applies to everyone, there are additional rules that may apply in particular cases.

• Duty owed to trespasser. Under Maryland law, the only duty owed to a trespasser, that is someone who is on the property without permission, is to refrain from intentionally injuring the trespasser.

• Duty owed to invitee. An invitee is a person who is on the property for the benefit of the owner, such as a customer in a store. The owner/occupier must use reasonable and ordinary care to see that those portions of the property which the invitee reasonably may be expected to use are safe or if not safe to give the invitee reasonable notice of the unsafe condition.

If the owner/occupier of a rental property sets aside a portion of the property for the common use of his tenants he owes the tenants a duty to exercise ordinary care to keep those portions of the premises in a safe condition, or if not safe, to notify the tenants of the unsafe condition. Also further the landlord or occupier who has agreed to make repairs may be responsible for the injuries resulting from his failure to make such repairs.

The duty owed to an invitee cannot be delegated. That is, while the owner can hire a third party to take care that the premises is clean and safe, the owner is ultimately responsible to the injured party if it is not. Although the invitee is owed a higher duty of care than others, the owner is not an insurer of the invitee’s safety and there is no presumption of negligence that arises when an invitee is injured on the property.

• Duty to a social guest. A social guest is a licensee by invitation and is owed a duty of reasonable care. A social guest must also be warned by the owner of any dangerous conditions that cannot be reasonably discovered.

• Duty owed to licensee. A bare licensee is a person who enters the property with the owner’s permission, but for their own benefit rather than for the benefit of the owner. No duty is owed to a bare licensee except that the owner may not wantonly or willfully injure or entrap the licensee. Further landowner may not create new and undisclosed sources of danger without warning the licensee of their presence.

It is important when a slip and fall occurs that the injured party does what they can to preserve evidence of the cause. This would include taking photographs of the substance or object that caused the fall as well as gathering names, addresses and phone numbers from anyone who witnessed the fall. Witness statements should also be obtained at the time of the fall, because people’s memories fade quickly.

A slip and fall or trip and fall case is a specific type of negligence case. For more information on negligence cases, generally, click here.

In a negligence case, the plaintiff must prove four things: (1) that the defendant owed some duty to the plaintiff; (2) that the defendant breached that duty; (3) that the defendant’s breach of the duty was the proximate cause of the plaintiff’s injuries; and (4) that the plaintiff was, in fact, injured and the extent of those injuries.

Establishing liability for a slip and fall case is the critical first step toward recovery. There are a number of things that the injured party or those present with the injured party can do to help establish liability. First, it is important to take photographs of the scene, including the substance or defect which caused the fall. Photos should also be taken of the injuries and the clothing, especially footwear, of the injured person. These photographs can be very important evidence if the case goes to trial.

Second, the injured party should obtain the names, telephone numbers and addresses of those who saw the fall or the dangerous condition that caused it. These individuals may need to be subpoenaed as witnesses at some point in the future.

Third, the injured person should speak with the property owner or manager and request that an accident report be filed. This will ensure that important facts are not left out of the record of the event. You should ask the manager for a copy of the accident report before you leave the scene.

Finally, you should preserve any evidence. If it was an object that you fell on, save the object. You should also preserve the shoes you were wearing at the time. If there is any substance stuck on the shoe, take photographs, and then seal the shoe, with the substance still attached in a plastic bag and tape it shut so that you will have it if needed for purposes of litigation.

Defenses to Slip and Fall/Trip and Fall Cases

There are a variety of defenses that may be raised in slip and fall cases.

Lack of Negligence

The property owner or their insurance company may simply deny that they did anything wrong. Since it is the plaintiff’s burden to prove both liability and damages, the property owner may simply wait and see if the plaintiff can prove negligence and damages in court.

Contributory Negligence

A few states, Maryland among them, adhere to an old, rather harsh rule, known as “contributory negligence.” In a state which has contributory negligence, if the plaintiff has contributed to the injury in any way, the plaintiff is barred from recovery. This means that even if the plaintiff was a little bit at fault – even 1% or less – that the plaintiff cannot recovery for their injuries. Unlike Maryland, most states have abandoned the contributory negligence doctrine in favor of some form of comparative negligence in which the plaintiff’s recovery is reduced by some percentage based on the degree to which the plaintiff is at fault. In Maryland, the defense of contributory negligence is still available.

Assumption of Risk

Assumption of risk is a defense that prevents recovery where a plaintiff knowingly and voluntarily encounters a known risk. For example, if you walk across an icy parking lot, where you can see the ice, and then slip and fall, you may not recover against the property owner. The Maryland law holds that if you knowingly chanced it, that you have to live with the consequences and cannot hold someone else accountable.

Damages

If you can prove liability in a slip and fall case, you are entitled to recover damages. Damages is a general term that refers to monetary compensation awarded by a court for your injury. Under Maryland law, there are two types of damages that you can recover when you are injured, economic damages and noneconomic damages.

Economic damages refer to money that you have paid out, or will be required to pay out for expenses relating to your injuries. Typically the economic damages in a personal injury case consist of medical bills and lost wages, but could include other types of monetary loss directly attributable to the injury.

Noneconomic damages refer to money that is awarded to the plaintiff for things other than out of pocket expenses. This may be money awarded for pain, suffering and inconvenience associated with the injury, mental anguish, disfigurement, physical impairment and damage to your marital relationship (loss of consortium).

The amount of damages that can be recovered for your slip and fall claim depends on the severity of your injury, the length of time it takes you to recover, the type of injury sustained, and whether there is a permanent injury, that is one that will requiring ongoing medical attention.

In many cases, the defendant may contest the amount of damages, even where liability is conceded. While this happens more often in automobile accident cases, it can apply to slip and fall injuries as well. Often insurance companies will try to attribute your injuries to a different accident or fall, either before or after the one that is the subject of your case, to degenerative or other physical impairments, or to any number of sources other than the negligence of their clients.

Medical Payments Coverage

In Maryland, some business and private property owners maintain medical payments coverage insurance. This allows an injured party to recover for medical expenses for injuries that occur on the property without relation to fault. That means that you can recover regardless of why you fell or who caused it.

The attorneys at Baldwin, Briscoe & Steinmetz, P.C. regularly handle trip and fall and slip and fall personal injury cases. Call us today for a free, no-obligation consultation. We will meet with you and discuss your case and provide an opinion on whether you may be able to recover for your injuries. There is never a fee for personal injury cases unless we are able to recover money for you. Clients may be responsible for costs.

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