The Law Office of Ronald L. Schwartz has been representing the citizens of Maryland and Washington D.C. for over 25 years in personal injury actions including:
As a victim of a personal injury action, you need to know your rights.
In most cases in Maryland and D.C., in order to collect compensation for damages for a personal injury case, you must prove the four elements of negligence:
- The existence of a legal duty owed by one person to others
- A breach of that duty by the person
- The breach of duty is the proximate cause of any damages
- An injured person suffers damages
Automobile, motorcycle, SUV, and truck accidents cause serious and permanent injuries and result in thousands of fatalities each year. If you are involved in an automobile accident, there are certain actions you should take before you consult with an attorney:
- Call the police, and stay at the scene until they arrive
- Exchange names and contact information with the involved driver(s)
- Do not admit liability or discuss the accident with other drivers or witnesses
- Call your insurance company and report the accident
- Do not talk to the other driver's insurance company or representative
- Do not sign any waivers or settlement offers until discussing them with your attorney
Legal malpractice results when an attorney or lawyer fails to provide competent, professional service to their client and the client suffers damages because of that failure. There are several theories of legal liability that can be proven once an attorney-client relationship has been established:
- Negligence—Your attorney's substandard conduct was negligent and caused you financial harm.
- Breach of fiduciary duty—Your attorney put their personal interests ahead of your best interests.
- Breach of contract—Your attorney violated the legal contract or agreement executed by you.
- Fraud—Your attorney committed fraud, either criminal or civil, against you.
Medical malpractice cases operate under the same legal theories as legal malpractice cases, except that medical malpractice cases involve doctors, dentists, healthcare staff and caregivers, hospitals, pharmacists, or surgeons.
In order to be successful in a medical malpractice case, you must produce expert medical testimony that no reasonable health care provider would have done what yours did. The medical community defines the standard of care in medical malpractice cases by considering:
- The available knowledge
- The geographic location where the care occurred
- The state of medical practices at the time of care
Medical malpractice cases occur when medical services result in an additional or different sickness, injury, or death. Medical malpractice lawsuits involve:
- Birth-related problems
- Elder care negligence
- Misdiagnosis and mistreatment
- Prescription errors
- Surgery mistakes
Worker's compensation is governed by state statutory law, which provides benefits for employees hurt in the scope of their employment. Compensation is provided for:
- Medical expenses
- Lost time at work
- Temporary and permanent disability (including partial and total disability)
The employer's insurance company pays the worker's compensation. It is important to notify your employer of your work-related injury as soon as possible after the accident. Benefit payments should begin shortly after you give notice and the insurance company determines that you are eligible.
If your benefits are not forthcoming, your attorney can arrange for an emergency hearing before the state industrial commission. Worker's compensation benefits are paid at an average weekly wage, which is calculated by taking your average earnings over the year before the accident.
Call the Law Office of Ronald L. Schwartz immediately for a free consultation. Let us put our expertise to work for you in obtaining the compensation and damages that you deserve for your personal injuries.