Maryland Negligence Attorneys
Negligence is a legal term that refers to a person’s reckless or careless actions that cause harm to another person. Negligence occurs in many forms and can cause injury or death. For your case to be successful, you must be able to prove the following four basic elements of negligence:
- The defendant owed a duty to you, the plaintiff
- This duty was breached by the defendant when he or she failed to provide you a standard level of care
- The defendant’s negligent action was the cause of your injuries
- You suffered actual harm as a result of the defendant’s actions
Listed below are some of the important subjects Kim & Grillo Law can address in connection with your claim:
Personal injury pleading requirements: In an action for negligence, the plaintiff is alleging that the defendant’s negligent acts or omissions caused the plaintiff to suffer an injury and be damaged. To succeed on a negligence claim, you must prove that: the defendant owed you a duty and was expected to perform according to a certain standard of care; the defendant breached that duty; you suffered injuries; the defendant’s breach of the duty was the direct and proximate cause of your injuries; and you suffered damages as a result of the injuries.
Issues to look for during discovery: The law presumes that people do not act negligently. Thus, the job of the civil lawyer prosecuting a negligence claim is to prove that the defendant did, in fact, act negligently. This requires demonstration of the four elements listed above: a duty owed, breach of that duty, causation and damages. In order to do this, the firm’s attorneys can seek witness statements, the defendant’s internal records, videotape recordings and transcripts of professional disciplinary hearings against the defendant. The firm can use this information to build a case to prove to the court that the defendant is responsible for your injuries.
Using expert witnesses: Negligence cases often require the testimony of an expert who can establish the standard of care with which the defendant should have acted. Depending on the defendant’s trade or profession, any number of experts may be used including engineers, doctors, scientists, lawyers or other professionals. Medical experts may also be required to demonstrate the extent of your injuries.
If you or someone you love sustains injury because of the careless actions of another person, Kim & Grillo Law attorneys are ready to fiercely protect your rights and help you file a lawsuit to obtain just compensation.