The lives of innocent victims are never the same after being seriously injured in an accident. This is because the injuries accident victims suffer often result in permanent disabilities. Insurance companies are supposed to provide fair and just compensation to accident victims. Unfortunately, this is often not the case as insurance companies like to deny valid claims or downplay the severity of the injuries that victims have suffered to save money.
Personal injury victims often require skilled legal representation when facing off against insurance companies. The award-winning personal injury attorneys at Portner & Shure, P.A. have been fighting insurance companies for more than 30 years. Our attorneys will work with you to get you the compensation you need to rebuild your life.
To learn about the services we can provide, call us at (410) 995-1515 or contact us online.
Elements of a Personal Injury Claim
Personal injury claims are made up of four legal elements. For a personal injury claim to be viable, a victim must have evidence to fulfill each element.
The elements of a personal injury claim are:
- Duty
- Breach
- Causation
- Damages
Duty is essentially the action, or duty of care, a reasonable person must perform. For example, all automobile drivers owe each other a duty of care. Automobile drivers are required to pay time and attention to their surroundings and operate their vehicles in a safe and reasonable manner. Breach is when a person violates their duty. For example, an automobile driver breaches their duty when they fail to observe their surroundings and strike another vehicle. Damages mean that a victim suffered a physical and/or economic loss. Causation means that a victim suffered an injury due to the negligent party’s action. To win a personal injury claim, a victim must prove all the elements of their case by a preponderance of the evidence, i.e., 51%.
Annapolis Workers’ Compensation Claims
A victim that suffers injuries while working may be able to make a workers’ compensation claim. A workers’ compensation claim is different from a personal injury claim in that a victim does not have to prove that they suffered an injury as a result of another person’s negligence. Additionally, because workers’ compensation is a form of “no-fault” insurance, a victim can still make a claim even if they caused their own injury.
Injuries & Compensation in a Personal Injury Claim
Due to the injuries that they suffer, personal injury victims often need medical care after an accident. Many personal injury victims must undergo rehabilitative care such as physical therapy to make a full recovery. After their treatment is complete, personal injury victims often find themselves stuck with large amounts of medical bills. Personal injury victims can obtain financial compensation for the cost of their medical care and the pain and suffering caused by their injuries.
Legal Defenses
Insurance companies and their attorneys use various legal defenses when faced with personal injury lawsuits. Contributory negligence is the most frequently used defense. Defense attorneys use this defense to shift blame onto the victim. A contributory negligence defense requires a civil defendant to prove that a victim acted negligently and that their negligence contributed to the accident. Assumption of risk is another defense that insurance companies frequently use. This defense requires a civil defendant to prove that a victim suffered an injury because they undertook a risky action despite knowing and understanding the risks associated with that action.
Why Obtain Representation from Portner & Shure, P.A.?
Successfully navigating the personal injury process typically requires experienced and aggressive representation. The attorneys at Portner & Shure, P.A. have been aggressively and successfully representing personal injury victims for more than 30 years. Our attorneys have built a reputation of excellence, which can be seen in the numerous Five-Star reviews written by former clients, along with the awards our attorneys have earned. Insurance companies and their attorneys know that we are not afraid to fight for our clients.
Our attorneys have obtained hundreds of millions of dollars in compensation for victims of:
- Bicycle Collisions
- Brain Injuries
- Bus Collisions
- Car Collisions
- Defective Products
- Pedestrian Collisions
- Premises Liability
- Medical Malpractice
- Motorcycle Collisions
- Nursing Home Neglect and Abuse
- Spinal Cord Injuries
- Truck Collisions
- Workers Compensation
- Wrongful Death
All personal injury work is performed on a contingency fee basis, which means Portner & Shure, P.A. receives no fee unless we obtain a settlement or judgment in court on your behalf.
To schedule a free consultation regarding your Annapolis personal injury claim, dial (410) 995-1515 or contact us online. Our staff speaks English, Spanish, Chinese (Mandarin and Cantonese), Korean, and Vietnamese. In fact, we have handled thousands of personal injury cases for clients who speak only Spanish, Chinese, Korean, or Vietnamese.
