At Brown Kiely, LLP, a reputable law firm in Bethesda, MD, our team is dedicated to providing information to the public as they need it. Accidents happen all the time, but when there is a specific person or entity who was at least partially responsible, then it may constitute filing a personal injury lawsuit. When a prospective client meets with a member of our team, it isn’t uncommon for the following questions to be discussed:
Did the defendant owe a duty of care?
Most personal injury cases are filed due to neglience. In order to have success in a claim, it must be proven through evidence that the defendant owed the victim a certain duty of care. An example of this is a doctor who owed a duty of care to provide a patient with a reasonable diagnosis and treatment plan, but failed to do so, which led to their harm.
Did the defendant breach the duty of care?
Everyday scenarios can quickly turn into a personal injury situation that necessitates contacting our Bethesda, Maryland law firm. Did you slip and fall at a grocery store because a worker didn’t clean up a mess in time? Did you get into a serious accident because another driver was distracted or speeding? These are scenarios in which pursuing a personal injury lawsuit may be recommended.
Did you incur injury or damages because of the breach?
If an accident happened but there was no financial loss, property damage, or physical injury, then there may not be enough grounds for legal action. The victim must have incurred injury or loss because of the other’s breach of duty. Depending on the circumstances, victims may be entitled to compensation for:
- Wage loss
- Medical bills
- Property damage
- Loss of earning potential
- Mental anguish
- Pain and suffering
- Punitive damages
- And more+
The purpose of filing a personal injury lawsuit is to compensate the victim for what they have endured. However, to successfully win a case, it must be shown that the defendant owed a duty of care to the plaintiff, had breached this duty of care, and which had then caused direct injury or loss.
Call Brown Kiely, LLP Today
If you are wondering whether your accident warrants filing a personal injury case, then contact our team today for more information. A lawyer at Brown Kiely, LLP, your local Bethesda, MD law firm, is ready to take your call, so get your questions answered today!