Breach

What Does “Breach of Duty” Mean in a Negligence Case?

In the legal world, the term ‘breach’ describes a failure to perform. If someone breaches a contract, they have failed to live up to their end of the agreement.

If someone breaches a duty to care they owe to someone else, they could injure that person. In fact, they might have a negligence claim for their injury.

If you have legal questions, make sure you direct them to an experienced attorney.

Similarly, all drivers have a duty of care towards all others on the road. This duty of care includes obeying all traffic laws and driving safely. Accordingly, a driver breaches their duty by violating traffic laws and/or driving carelessly. If this conduct hurts someone, the driver could be liable for the injury victim’s damages.

Examples of a Breach of Duty

The first step in any negligence case is proving that a duty of care exists. Once that is proven, then the next step is to prove that another party breached their duty of care.

Some common breaches include:

• A driver who is speeding, texting while driving, and driving under the influence
• A property owner who fails to fix dangerous conditions on their property
• A doctor who provides substandard care and injures a patient

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These are just some examples of a breach of duty. It is important to speak to an attorney to assess if another party breached their duty to you.

How a Breach of Duty Occurs in a Negligence Case

If you were injured due to another’s conduct, you may be eligible to file a negligence claim. Negligence claims often are filed after car accidents, slip and falls, or medical malpractice.

You will need to prove the following elements to win your negligence claim:

• Another party owed you a legal duty of car as discussed above.
• They breached their duty
• The breach caused you harm.
• You suffered damages
• To prove another party breached their duty of care, you must show they failed to act like a reasonable person and injured you. The reasonable person is a standard of behavior juries use to determine if someone was negligent.

What is a Duty of Care?

A duty of care is a legal responsibility that one person owes another. This duty is usually imposed by law because of someone’s profession, activity, relationship with others. For example, doctors and accountants have several professional duties of care towards their patients stemming from state licensing boards and law.

A reasonable person is not a real person; it is a hypothetical person who acts with common sense and prudent judgment to avoid injuring others. A jury will compare a defendant’s conduct to that of a reasonable person’s under similar circumstances. If the jury finds the defendant acted unreasonably, they may determine the defendant breached their duty.

For example, suppose a driver runs through a red light and causes your car accident. A reasonable person obeys traffic laws and signals; they would not run red lights because such behavior could result in a collision. Therefore, a jury might find the driver breached their duty of care to drive safely and avoid injuring you.

Breach is just one element. If you are not able to prove all of the elements of negligence, your claim will be unsuccessful. Moreover, if you were partially to blame for the accident, your recovery can be limited or prevented by law.

How a Breach of Duty Occurs in a Strict Liability Case

There are some situations where you can hold someone responsible for harm without proving negligence. This is known as strict liability.

Under strict liability, a defendant is liable for engaging in certain conduct, regardless of the precautions they took or whether they intended harm.

Some examples of strict liability include:

• Abnormally dangerous activities: This is an activity that creates af foreseeable risk of serious harm even when reasonable care is exercised. The activity is also not something that is commonly done. Any work done with explosives or nuclear power, etc. can be considered an abnormally dangerous activity.
• Manufacturers of products are held strictly liable for products that have design, manufacturing, or marketing defects that cause harm.
• Wild animal ownership: Anyone who is a wild pet owner will be held strictly liable if their pet harms anyone.

Types of cases we handle

Maryland Spinal Cord Injury Lawyers

Experienced Legal Representation for Spinal Cord Injury Cases in Maryland m

There really is no such thing as a minor spinal cord injury; all spinal cord injuries are catastrophic and require immediate attention from a qualified medical professional. If you were involved in a car accident, slipped and fell on a wet floor, or were otherwise injured in a traumatic event and believe you may have sustained a back or spine injury, seek medical attention right away. When others are negligent, and you are injured, you have the right to take legal action. Our Maryland spinal cord injury lawyers understand the unique challenges spine injury victims face, and they know how to take on significant insurance providers and their defense teams in pursuit of fair compensation for their clients.,. Contact us today to learn how our experienced and highly respected legal team can help you with your case. If you have any questions call Maryland Personal Injury Attorneys

Common Types of Spinal Cord Injuries

A spinal cord injury SCI occurs when the spinal cord is damaged, resulting in loss of function, such as mobility and sensation. The severity of the injury depends on the location and extent of the damage.

Here are the common types of spinal cord injuries:

Incomplete Spinal Cord Injury: In this type of injury, some function remains below the level of injury. The person may still have some feeling or movement.

Complete Spinal Cord Injury: In a complete injury, there is a total loss of sensation and motor function below the level of injury. This means there is no feeling or movement below the injury site.

Tetraplegia Quadriplegia : This type of injury affects the cervical spine neck area and results in paralysis of all four limbs and the trunk muscles.

Paraplegia: Paraplegia involves the paralysis of the lower half of the body, including both legs and often parts of the trunk. It typically results from an injury to the thoracic or lumbar regions of the spinal cord.

Central Cord Syndrome: This type of injury affects the center of the spinal cord, often resulting in more severe weakness or paralysis in the arms compared to the legs.

Brown Séquard Syndrome: This syndrome results from an injury that damages one side of the spinal cord, leading to loss of movement on one side of the body and loss of sensation on the opposite side.

Anterior Cord Syndrome: In this type of injury, damage occurs to the front anterior portion of the spinal cord, leading to loss of motor function and sensation. Proprioception awareness of body position and vibration sense may be preserved.

Conus Medullaris Syndrome: This injury affects the lower part of the spinal cord, below the level of the first lumbar vertebra, leading to varying degrees of paralysis and loss of sensation in the legs and lower body.

Spinal Cord Injury Symptoms

Many people involved in accidents experience minor back pain afterward and think it’s just muscle spasms. But back injuries can turn into more than just muscle and joint pain. Often, a minor break in the spine can grow into a very serious spinal cord injury. If you’ve been involved in a motor vehicle accident, get your spine checked for damages, particularly if you were hit from behind.

Some of the most common symptoms of spinal cord injuries include:

Pain in any range from neck to hips

Headaches

Loss of mobility

Loss of feeling in arms and legs

Organ malfunctions

Hearing loss

Blurred vision

If you or someone else is displaying emergency symptoms of a spinal cord injury—such as extreme pain/pressure in the head, neck, or back; numbness or tingling in the hands, feet, fingers, or toes; paralysis or weakness/loss of coordination; or loss of bladder or bowel control—do not move the injured individual. Call 911 and wait for paramedics to arrive.

Leading Causes of Spinal Cord Injuries

Spinal cord injuries can result from any type of accident, but the most common causes include

:

Car crashes

Motorcycle accidents <

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Truck accidents

Falls

Injuries from assault/violence

Other common causes of spinal cord injuries include ruptured vertebrae, surgical errors, birth injuries, and being hit by falling objects.

Spinal Cord Injury Treatments

Many Americans believe that injuries to a person’s spinal cord inevitably mean such severe loss of mobility that the person will be permanently disabled and can only look forward to a life of diminished quality. It is true that many people who suffer spinal cord injuries are permanently paralyzed and must change the way they live. Many others, however, can adapt to these challenges and live complete lives.

According to the National Institute of Neurological Disorders and Stroke, approximately 12,000 Americans suffer spinal cord injuries each year. Most experience significant changes in their lives, including many secondary injuries caused by neural damage and restricted blood flow.

Treatment for spinal cord injuries may include surgery, physical therapy, chiropractic services, and even alternative medical procedures, like acupuncture. These treatments could last for years, may be extremely expensive, and might only lessen the severity of the injury or the victim’s pain—if they work at all. Additionally, victims of a spinal cord injury may need to move to a care facility or require in home care and be dependent on various medical equipment, like a wheelchair or walking aid.

Successful rehabilitation programs combine physical therapies with counseling for social and emotional support. In the hospital, a rehabilitation team is typically assembled, which includes a rehabilitation specialist, social workers, physical therapists, rehabilitation nurses, psychologists, and case workers. If you have any questions text Maryland Personal Injury Attorneys

Physical therapy uses exercises that strengthen the patient’s muscles. Occupational therapy redevelops motor skills needed to perform daily activities; these can help a patient get in and out of bed, perform daily hygiene tasks, and prepare and eat meals. Patients are also taught strategies to cope with various other physical challenges and pain management.

The True Cost of a Spinal Cord Injury

The spine is delicate, and although it is protected by bone, any trauma to the spinal cord could cause lifelong damage. Spinal cord injuries may have effects that range from difficulty walking or moving to partial or even complete paralysis. In addition to the financial costs associated with treating these injuries, victims often suffer serious, debilitating emotional and physical effects.

Realizing that you may never walk, talk properly, or simply move your hand again can be devastating. For those who can improve, the road to a full or partial recovery may be extended, frustrating, and expensive.

The overall cost to the economy of caring for patients with spinal cord injuries is approximately $3 billion per year. The costs for individuals and their families are usually high enough to create significant financial problems. However, if a spinal cord injury was the result of negligence on the part of another person or party, compensation can be sought through a personal injury lawsuit to cover a wide variety of expenses. If a suit is successful, everything from hospital bills to rehabilitation to long term care may be considered the legal responsibility of the negligent party.

Our law firm is dedicated to protecting the rights of spinal cord injury victims. We can provide information about this injury and how it may affect your life and those around you. We are committed to helping spinal cord injury patients and their families obtain the best possible outcome. Our Maryland spinal cord injury lawyers are compassionate advocates who pay the utmost attention to cases involving negligence, whether it is due to a motor vehicle crash, work related incident, slip and fall accident, or medical error.If you have any questions contact Maryland Personal Injury Lawyers

Understanding the Deadline for Filing Spinal Cord Injury Claims in Maryland

If you have sustained a spinal cord injury, it's crucial to take prompt action because of the time restrictions for filing a personal injury claim. In Maryland, the statute of limitations for personal injury lawsuits, including those related to spinal cord injuries, is generally five years from the date of the incident. To preserve your right to seek compensation, you must file your lawsuit within this five year period.

If you miss this deadline, you may be unable to pursue legal action, even if your injury is severe. There are some exceptions to the statute of limitations, such as when the injury is discovered later or if the responsible party cannot be identified immediately.

Given the complexity of these deadlines and the potential for exceptions, it is essential to consult with an experienced Maryland spinal cord injury attorney who can guide you through the process and help ensure your case is filed within the appropriate time limits.

Contact Our Maryland Spinal Cord Injury Attorneys Today

We are prominent personal injury law firm in Maryland . When you contact us for a free, confidential consultation, we can explain the legal process for recovering compensation and ensure you take care of any outstanding medical issues.

We’ll handle everything about your claim, from hiring independent professionals to investigating and preparing your case to ensuring your property damage and medical needs are covered. We offer more than just sound legal advice and vigorous representation because we understand what a spinal cord injury can do to your entire family. We use our experience to help you get your whole family the financial, medical, and social support services they will need as your case moves toward a settlement or trial.

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What is a Traumatic Brain Injury?

A traumatic brain injury TBI is a type of injury that occurs when there is a sudden and severe trauma to the head, resulting in damage to the brain. TBIs can range from mild to severe, and they can have a wide range of physical, cognitive, emotional, and behavioral effects. These injuries are typically categorized based on their severity and the specific areas of the brain that are affected.

Here are some common types of traumatic brain injuries:

Concussion: A concussion is a mild form of TBI that often occurs due to a blow to the head. It can happen during sports, falls, or car accidents. Symptoms may include dizziness, headache, memory problems, and confusion.

Contusion: A contusion is a bruise on the brain that results from a direct impact to the head. It can cause localized brain damage and neurological deficits.If you have any questions contact Maryland Personal Injury Attorneys

Coup Contrecoup Injury: This injury occurs when there is a blow to one side of the head, causing the brain to strike the opposite side of the skull. It can result in multiple points of damage.

,Penetrating Injury: This type of TBI occurs when a foreign object, such as a bullet or a piece of skull, penetrates the brain tissue. Penetrating injuries often cause severe damage.

Diffuse Axonal Injury: In this type of TBI, the brain's long connecting fibers axons aredamaged or torn. This can happen due to rapid deceleration or rotational forces, such as those experienced in high speed car accidents or shaken baby syndrome.

Shaken Baby Syndrome: Shaking an infant violently can result in TBI. It is a form of diffuse axonal injury and can lead to severe brain damage.

Second Impact Syndrome SIS : SIS occurs when a person sustains a second TBI before recovering from the initial one. It is extremely dangerous and can lead to rapid brain swelling, disability, or even death.

Common Causes of Brain Injuries

Brain injuries can result from a variety of causes, and the severity of the injury can vary widely.

Common causes of brain injuries include:

Car accidents

Truck accidents

Medical malpractice

Sports and recreational activities

Shootings/firearm accidents

Defective products

Railroad accidents

Nursing home abuse

Construction site accidents

Industrial site accidents

Oil and gas field accidents

Physical assaults

Explosions

Falls

Signs of Traumatic Brain Injury

TBI symptoms take several forms, including physical signs, cognitive issues, and even emotional changes. In the immediate aftermath of an accident, as well as in the days and weeks that follow, be aware of any signs of a serious brain injury.If you have any questions text Maryland Personal Injury Lawyers

Physical TBI symptoms include:

Headaches

Slurred speech

Loss of taste m

Blurred vision

Loss of feeling in fingers and hands

Reduced or loss of mobility

Some of the cognitive signs of a TBI include:

Short and long term memory loss

Inability to complete simple tasks

Inability to recognize familiar surroundings and people

Emotional signs of a brain injury can include:

Wild mood swings

Depression

Permanent change in personality

Unusually quick to anger

Traumatic brain injuries, or TBIs, range in severity, but there is no such thing as a mild TBI. Whether you have suffered a concussion in a sports related accident or your loved one sustained a severe blow to the head in a car crash, it is imperative that you seek medical attention at the first sign of a brain injury.

Long Term Impact of Brain Injuries

The consequences of a brain injury can extend far beyond the initial accident. Long term effects may include:

Physical disabilities requiring long term care or rehabilitation

Emotional and behavioral changes that affect relationships and daily life

Loss of income or employment opportunities

The need for lifelong medical treatment and therapy

The profound and lasting nature of TBIs makes it essential to pursue full compensation to cover medical costs, lost wages, and pain and suffer ing.

Compensation from a Brain Injury Claim

Victims of brain injuries in Maryland may be entitled to compensation for:

Medical expenses, including hospitalization, surgeries, medications, and rehabilitation

Lost wages and diminished earning capa

Pain and suffering, including emotional distress and lifestyle changes

Long term care costs and assistive devices

Legal fees related to pursuing your claim

Our Maryland brain injury lawyer can evaluate your case, gather evidence, and negotiate with insurance companies to maximize your recovery.

FAQs About Traumatic Brain Injury Claims in Maryland ,

How long do I have to file a traumatic brain injury lawsuit in Maryland? If you have any questions call Maryland Personal Injury Lawyers

In Maryland, the statute of limitations for most personal injury cases is five years from the date of the injury. Exceptions may apply, so it’s best to speak with a Maryland attorney as soon as possible.

What if my TBI symptoms appeared weeks after the accident?

It is not uncommon for TBI symptoms to be delayed. You can still pursue a claim if medical evidence connects the injury to the original incident. Prompt medical documentation and legal consultation are imperative.

Who can be held liable for a traumatic brain injury?

Depending on the circumstances, liable parties may include negligent drivers, property owners, product manufacturers, employers, or healthcare professionals. Your attorney will investigate all potential sources of liability.