As a law office specializing in personal injury cases in Maryland, we have encountered many individuals dealing with the aftermath of dog bites. These incidents can be both physically and emotionally traumatic often leading to financial compensation for the injured party. Understanding Maryland’s dog bite laws and the legal landscape is crucial to winning a case.
Were you or a family member bit by a dog? Are you a dog owner whose dog has bitten someone and is concerned about the repercussions?
Below we discuss some information that would be valuable for you to know. However, we encourage you to contact us before taking any legal action. You are welcome to call our office directly at 443-702-7708 or send an online request.
Understanding Maryland’s Dog Bite Laws
Understanding dog bite laws is key to knowing whether you have a case or not. However, understanding the law can be a little challenging because Maryland follows a mixed statutory and common law approach when it comes to dog bite cases. We encourage you to read Maryland Code §3–1901 concerning personal injuries caused by dogs.
To help you understand these laws, we have highlighted a couple of key insights below:
Strict Liability for Dog Owners: In Maryland, dog owners are strictly liable for injuries caused by their dogs, regardless of whether the dog has a prior history of aggression. This means that if a dog bites someone, the owner is typically responsible for the injuries and damages caused by the bite. However, this strict liability can be rebutted if the owner can prove that the victim provoked the dog or was trespassing on the owner’s property.
Negligence Claims: Besides strict liability, victims can also pursue claims based on negligence. If an owner fails to take reasonable steps to prevent their dog from causing harm, such as not properly restraining the dog or failing to warn others of the dog’s aggressive tendencies, they can be held liable for the injuries caused.
Defenses Available to Dog Owners: Owners can defend themselves by proving that the victim was trespassing, committing a crime, or provoking the dog. It’s important to gather substantial evidence to refute these defenses, as they can significantly impact the outcome of the case.
We hope this information helps shed light on your situation.
Do you have a case?
Now that you understand the Maryland laws, it’s time for the big question. Do you have a case? The easiest and best way to know for sure is to contact a trusted attorney like David Mabrey directly. Let them know the details of the situation and they will help you to explore the next steps and the options you have.
Contacting an attorney is the easy and recommended way, but if you’re researching and want to know before you contact the attorney there are a few things you can consider.
Are there legitimate documented injuries from the dog?
Does the dog have a history of aggressive tendencies?
Was the dog attack unprovoked by the victim?
Could the dog bite have been prevented by the owner?
Did the bite occur recently?
If you said yes to multiple of the questions above, then you likely have a case to bring against the dog owner.
Keep in mind that dog bite cases are not open and closed solely on the word of the victim. All the details of the event matter and the dog’s owner also has a chance to defend themselves in the case.
Defending a Dog Bite Case
As we mentioned before. Dog bite cases are not as simple as proving if a dog bit an individual.
Dog owners in Maryland can defend against liability claims by proving certain defenses.
By proving any of the following defenses, the dog’s owner can remove or limit the liability of the injuries:
Provocation: If the victim provoked the dog, the owner’s liability may be reduced or eliminated.
Trespassing: If the bite occurred while the victim was trespassing on the owner’s property, the owner might not be held liable.
Assumption of Risk: If the victim knowingly took the risk of interacting with a dangerous dog, this can affect the outcome of the case.
The details of the case will ultimately shape the outcome. Having a good attorney who is familiar with dog bite laws in Maryland can help.
Hiring an attorney
Whether you are the victim of a dog bite or the owner of a dog that has bitten someone, it is wise to contact David Mabrey, a local personal injury attorney with experience. With their experience and knowledge of Maryland laws, they can help you receive the best outcome for the case.
They can guide you navigate the legal landscape, help you work with the insurance companies, and take some of the stress out of the legal process.
Dog bite cases can be complex, but understanding Maryland’s laws and knowing the steps to take can make a significant difference in the outcome of your case. That is where we come in as your local dog bite attorneys. We have over 30 years of legal experience and provide personal attention to every one of our clients.
We have offices located in Pasadena, MD, and Chestertown, MD. Give us a call to discuss the incident and have a case evaluation. Pasadena office: 443-702-7708 Chestertown Office: 410-778-1630
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Have you or a loved one been injured and now you’re determining if a personal injury lawyer is worth it? Do you feel as though there’s no way you can lose your case but someone recommends you still hire a lawyer?
You may feel as though hiring a lawyer will cut into your potential payout, but the contrary is actually true.
A personal injury lawyer will provide a better chance of generating a higher payout and can provide what you need to get your life back.
To help you understand whether a lawyer is worth it, we want to discuss what a lawyer will actually do for you and the reasons why you may benefit from hiring one.
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It only takes a moment and an injury can change one’s life. When you or a loved one is injured it can mean financial hardships on top of emotional and mental hardships. Missed income if you are unable to work, medical bills, mental and emotional support (therapists), replacing damaged property, household services if you need help with daily tasks, future medical bills and future lost earning potential. All of these are various financial costs one may deal with when injured in an accident.
Costs incurred are called economic damages. Most people, especially those in non-life-threatening injuries, don’t truly understand the extent of the long-term financial burdens that can be incurred.
The purpose of a personal injury case is to hold one accountable and to receive fair and complete compensation for the accident. It’s not your fault you’ve been injured, you should not be the one paying for it. David Mabrey is the personal injury lawyer that can help you.
Types of Personal Injury Practice Areas
Injury-inducing accidents can occur in many different ways. On the road, at work, during standard medical operations, while running errands, etc. Every personal injury case will fall into a unique practice area.
Some personal injury lawyers will specialize in one practice area while others who have experience working with many different types of injury cases.
Here are the different types of practice areas that we can assist you in:
Motor Vehicle accidents (including personal vehicles and commercial vehicles)
Medical malpractice
Birth defects/injuries
Workplace accidents/injuries
Product liability
Premises liability
Wrongful death
There are many nuances from case to case that determine if one is eligible to receive compensation for their claim. A personal injury lawyer must understand these nuances and other important information for each case they take on.
Are You Eligible to file a Personal Injury Lawsuit and Sue?
You have been hurt, but before you hire a lawyer and go to court, it is important to first understand if you even have a case. Not every incident will warrant a lawsuit and not every victim will be eligible to receive a reward for their damages.
To know for sure, we have laid out three basic requirements for a personal injury claim.
Was the party who is responsible for the injury careless or negligent? Examples of negligence in an injury case could be someone texting and driving, driving too fast, or they ran past a stop sign and crashed into an innocent person’s vehicle.
Did the responsible/negligent party cause personal injury? If no personal injuries were caused then the victim will not be eligible for a personal injury lawsuit. They can, however, still be awarded property damages if their vehicle or other personal property was damaged.
Did the injury result in harm that would lead to compensatory damages? This seems redundant with #2 at first, but being injured and being harmed in a way that leads to compensatory damages can be two entirely different things. For example, you may only receive a few cuts that don’t require medical attention which may not lead to compensatory damages. Or, you could sustain a broken arm because of the accident which leads to medical bills, lost wages, additional pain and suffering, etc. In this situation, one would likely qualify for compensatory damages to pay for the financial burden of the accident.
If you’ve answered yes to these questions then you will likely have a good chance of winning a personal injury lawsuit.
However, it’s important to recognize that there is a statute of limitations that plays into one’s eligibility of filing a lawsuit. While 3 years is the limit in Maryland, it can be harder to win a lawsuit as time goes on because evidence can be lost.
If you think you have a case, even if you are not sure, your next step after being injured is to contact Attorney David Mabrey.
Damages Awarded for a Personal Injury Case in Maryland
The purpose of a personal injury lawsuit is to help an injured victim remedy their losses after an injury. This means that the injured party is entitled to receive compensation from the negligent party for the financial losses faced and ones they can expect to face in the future.
As the victim of the injury, there are many financial hurdles you will likely need to overcome and many factors in which to receive compensation.
Medical Expenses
The most obvious needs will be for medical expenses. Both from the initial accident and future medical follow-ups, there are a number of expenses you will need to take care of.
Hospital bills
Doctors’ visits
Surgery
Medical tests
Rehabilitation services
In-home care
Long-term care
In a personal injury lawsuit, it’s not enough to cover expenses for the initial medical expenses but also expected future expenses as well.
Lost Wages and Earnings
Most individuals have to take time off work and in some cases are unable to return to work for good. This can include lost wages and earnings for a number of reasons:
Time off work due to court appearances and doctor visits
Being laid off or unable to work due to injuries
Injuries cause an end to current career
This financial burden can have a potentially bigger impact than even past and future medical expenses from the accident. It’s an important consideration for the awarded compensation for damages.
Pain and Suffering
One thing many people don’t think about when one has severe injuries is the anguish of dealing with sustained pain and the reduction in quality of life. Those living with chronic pain due to injuries can have a drastically altered life experience. Many people living with chronic pain can deal with a lot including lack of sleep, increased pain, the inability to participate in life hobbies they once enjoyed and the turmoil of constantly dealing with pain.
There may not be a “financial” burden caused but it can dramatically alter one’s life. Filing a lawsuit may not ease the burden of pain but it can help provide the financial support to care for one’s physical and emotional health in an improved way.
Punitive Damages
In some cases, compensation above and beyond that intended for remedying one’s injuries can be rewarded. These are called punitive damages and are reserved for rare cases when the guilty party showed true malicious or intent of harm to the injured party.
Normally in a personal injury case, the victim is injured accidentally by the negligent party. However, in some cases, the injury was intentionally or under deliberate wrongdoing. In these cases, punitive damages are awarded not as compensation but rather as a punishment for the guilty party.
How can a Personal Injury Lawyer help one’s case?
There is a lot that goes into injury-related lawsuits. From knowing whether one is able to file a lawsuit to actually filing the lawsuit then of course getting what’s owed through awarded damages. It can be challenging for the average person who is unfamiliar with the law system to figure everything out. That’s where an experienced lawyer such as David Mabrey can help.
There’s a number of ways a lawyer can help a victim of personal injury not only win their case but also improve the amount of compensation they will receive.
Offer legal advice
What should you do? When and how to file a claim? The negligent party wants to settle out of court for a large sum, should I take the money? There will be lots of questions, conversations and potential issues that arise during a personal injury case. Having a lawyer on your side helps you focus on getting better while they take care of all the challenging legal aspects.
Gather evidence
One of the most important aspects to a personal injury case is the evidence. Without the right evidence an injured victim can lose their case without any compensation. An attorney will know what information is necessary, how to gather the information and the best way to present it in order to maximize winning potential.
Determine the value of a claim
How much compensation should an injured party earn? $15,000? $100,000? $1million? $10 million? Sometimes it’s hard to know for sure how much compensation is necessary to take care of your current financial burdens and future needs due to the injury. Insurance companies and defending lawyers will do their best to convince you and the courts that you need less than you are owed by settling out of court or providing an insurance claim immediately. Oftentimes this amount sounds like a lot until time passes and you realize you’ve been undersold the financial impact of your injury.
David Mabrey is a seasoned personal injury attorney that has handled hundreds of similar cases and studied numerous more and will be able to maximize the amount of compensation awarded to you.
Negotiate with insurance companies
Insurance companies are some of the toughest companies to negotiate with. Oftentimes they will find ways to undercut or minimize what’s paid out to you. Having someone who understands how insurance companies think and how much they are really able to payout can help make dealing with insurance companies less stressful but also provide a higher compensation.
Offer defense against contributory negligence
If one’s not careful, their own words can cause them to lose their compensation or cause them to pay back some of the awards due. Maryland’s contributory negligence law states that an injury victim cannot recover compensation if the injury victim’s negligence caused his or her injury. In other words, if you admit or the defending party proves that you are somewhat at fault for your injuries then you may be unable to recover compensation.
A seasoned attorney like David Mabrey can guide you through the many complicated legal issues in an effort to prove that you were not at fault and therefore qualify for compensation from the negligent party.
Are you required to have a Lawyer to File a Personal Injury Lawsuit?
One of the first things people ask after ensuring they have a case for their injury, is if they need a lawyer or if they can represent themselves in court.
Legally speaking, you are not required to have a lawyer to represent you in court. In fact, many times a business will want to settle out of court without you needing to have a lawyer present. However, choosing to represent yourself or settling out of court will likely mean that you receive less than the ideal amount of compensation for your injuries.
A lawyer has four main purposes:
Offer legal advice
Improve your likelihood of winning a case
Increase the amount of compensation you receive in the settlement.
Defense against contributory negligence
Additionally, they will be able to help you along through the process which is vital in such a challenging time.
Unless you know how much to ask for and are able to prove to the court that you deserve that amount of compensation, you will likely find yourself under-compensated and in some cases not compensated at all.
As the injured party in a legal case, know you are not legally required to have a lawyer. But if you want the best outcome it’s best that you contact David Mabrey.
Choosing the right personal injury lawyer in Maryland
How do you decide on the right attorney? Think about what you want in a lawyer. What do you expect when you contact a lawyer?
Here are our recommendations as to why you should choose David Mabrey as your personal injury lawyer:
Experienced
Work on a Contingency Fee basis vs an hourly rate
Approachable
Gets Results
Choosing the right lawyer is vital for your personal injury case. You want someone who is experienced so that you win, but they also can’t be more expensive than the damages you will receive. Hiring a lawyer who works on a contingency basis means that you only pay a small percentage of your winnings as opposed to allowing an hourly rate build-up.
We are a law firm that gets results. When it comes to a personal injury case, you want someone who is experienced and who provides a good likelihood of winning for you. But, they also need to be approachable. This can be a challenging time so you want to ensure you have a lawyer you can talk to and feel comfortable with.
The Law Offices of David Mabrey is a trusted personal injury law firm because of these very attributes. We are a law firm in Anne Arundel MD with experience and who gets results. However, our office provides personal attention to every client that comes through our door.
If you’ve been injured, don’t waste any time. Contact Attorney David Mabrey right away. Let us do a free case review for you to get to know us and to see if we have mutual trust for your personal injury case.
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