Wheaton Personal Injury Lawyers

Fighting for Victims of Negligence for Over 25 Years in Maryland

Every day, people suffer serious injuries due to the negligence of others. The U.S. legal system allows victims to hold a negligent party accountable for their actions and obtain compensation for their injuries. However, this process is not easy; in order to recover the full amount of compensation you are entitled to, it is a good idea to work with a skilled personal injury lawyer.

For over 30 years, the Wheaton personal injury attorneys at Portner & Shure, P.A. have been holding negligent people and parties accountable and obtaining successful results for their clients. We invite you to continue reading to learn more about who we are and how we can help you, or contact us directly for a free initial consultation with a member of our legal team.

Call our office at or submit an online contact form today to request your complimentary case evaluation with our personal injury attorney in Wheaton.

What Is a Personal Injury Claim?

Put simply, a personal injury claim is a civil action (as opposed to a criminal action) that allows a person to seek compensation for damages they have sustained due to another party’s negligent or wrongful actions. A personal injury claim is made up of several legal elements.

Generally, those elements are:

• Duty
• Breach
• Causation
• Damages
• Defenses

Most personal injury cases come down to proving that another person/party acted negligently and that this negligence caused the victim to suffer injuries. The person bringing the claim, known as the plaintiff, bears the burden of proof. All elements of a civil claim must be proven by a preponderance of the evidence, i.e., 51%.

Workers’ Compensation Vs. Personal Injury Claim

Victims who suffer injuries while working may be entitled to make a claim under the Maryland workers’ compensation statute. A workers’ compensation claim differs from a personal injury claim in that fault does not have to be proven. Previously, injured workers would have to have file a lawsuit against their employer. Due to a variety of legal reasons, winning these lawsuits was extremely difficult. Now, however, injured workers can file for workers’ compensation without having to sue their employer (in fact, the availability of workers’ comp provides employers with immunity from lawsuits, in most cases).

In order to have a compensable workers’ compensation claim, the injury must have been “accidental” and must have “arisen out of and occurred within the scope of employment.” Several different types of benefits are available for injured workers. Visit our workers’ compensation page to learn more about these benefits, as well as what to do if your workers’ compensation claim is denied.

What is the Statute of Limitations for Personal Injury Claims in Maryland?

One of the most important factors in a personal injury case is timing. Maryland law imposes strict deadlines, known as the statute of limitations, for filing personal injury lawsuits. In Maryland, victims generally have three years from the initial date of the damage to file a claim. This timeframe involves to most personal injury cases, which includes car accidents, slip and fall incidents, and medical malpractice. However, certain circumstances may alter this timeline.

Failing to file a claim within the statute of limitations could result in the court dismissing your case, stopping you from recovering compensation. This is why it is critical to consult with Wheaton personal injury lawyers as soon as possible after an accident to ensure all legal time frames are satisfied.

What Damages Could Be Recovered in a Personal Injury Claim?

These damages are generally divided into two categories: economic and non-economic damages.

Economic Damages

These damages are meant to cover the financial burden that the injury has placed on the victim, and they normally include the following:

• Medical Expenses: Compensation for medical bills that are related to the injury, like hospital stays, surgeries, rehabilitation, prescription medications, and future medical care.
• Lost Wages: If the injury caused you to miss work, you may be compensated for the earnings you lost during your recovery. This also includes future lost income if the injury has impacted your ability to work.
• Property Damage: If your property, like your vehicle, was damaged in the accident, you may recover the costs of repairs or replacement.
• Funeral and Burial Expenses: In wrongful death instances, surviving family members may be entitled to recover costs associated with the funeral and burial of their loved one.

Non-Economic Damages

These types of damages could include the following:

• Pain and Suffering: Compensation for the physical discomfort and pain endured as a result of the injury.
• Emotional Distress: Many personal injury victims experience emotional or psychological trauma following an accident, and compensation may be awarded for mental suffering, anxiety, depression, or post-traumatic stress disorder (PTSD).
• Loss of Enjoyment of Life: If the injury has affected your ability to engage in hobbies, activities, or other aspects of daily life that you previously enjoyed, you may be qualified to compensation for this loss.
• Loss of Consortium: In cases where the injury has seriously impacted a victim's relationship with their spouse or family, damages may be granted for loss of companionship or loss of marital intimacy.

Punitive Damages

In rare cases, a court may grant punitive damages in addition to economic and non-economic damages. Punitive damages are not meant to compensate the victim but are instead intended to penalize the defendant for particularly egregious or reckless behavior. These damages serve as a deterrent to prevent similar behavior in the future.

Defenses to Personal Injury Claims

Several legal defenses are available to civil claims under Maryland state law. The two commonly asserted defenses are contributory negligence and assumption of risk. Under the doctrine of contributory negligence, a victim is precluded from recovering anything if it can be shown that their own negligence contributed to the accident. Essentially, a victim must be entirely blameless. Under the doctrine of assumption of risk, if evidence is offered that a victim had knowledge of the risk of potential harm, appreciated the risk, and voluntarily undertook an action despite the risk of danger, they are then precluded from recovering. Under this defense, a victim is unable to recover because they knew that their actions may have resulted in an injury. In order to overcome these defenses, it is important to seek experienced legal counsel.

Why Hire Portner & Shure, P.A.?

The award-winning Wheaton personal injury lawyers at Portner & Shure, P.A. have been successfully representing personal injury victims for over 30 years.

Our practice areas include personal injury claims involving:

• Motorcycle accidents
• Bicycle accidents
• Bus accidents
• Premises liability/slip and falls
• Pedestrian accidents
• Dog bites
• Wrongful death
• Product liability
• Defective drugs and medical devices
• Nursing home negligence
• Medical malpractice
• Birth injury
• Brain injury
• Spinal cord injury
• Truck accidents
• Workers’ compensation

During our decades in practice, we have obtained excellent results for our clients. These results can be seen in the numerous five-star reviews written by our past clients. Additionally, our zealous representation of our clients in court has resulted in us winning multiple awards from our peers in the legal community.

Contact Our Personal Injury Lawyer in Wheaton Today

Portner & Shure, P.A. receives no fee unless the client obtains a settlement or judgement in court. To schedule a free consultation regarding your personal injury claim in Wheaton or throughout Montgomery County, reach out to our firm today.

Call us at or contact us online to get started with our Wheaton personal injury lawyer.