Law Offices of Frank A. Kirsh

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Areas of Practice

Maryland and D.C. Personal Injury

Injuries to an individuals body, emotions and property fall within the area of personal injury.  Our society has developed laws that provided financial compensation for personal injuries under certain circumstances.  When others act or fail to act within reason, they are deem negligent.  This negligence permits a person to file legal claims. These type of claims have three primary components: there must be a legal duty between the defendant (the one doing the wrong) and the plaintiff (the person injured); there must be a breach of that duty; and, damage must occur because of that breach.

Maryland and D.C. Medical Malpractice

Health care providers are required to act within a reasonable medical standard.  A breach of that standard, is deemed negligence.  The determination of whether a medical professional has met the standard of care is based on a comparison to other professionals in the same field and the same geographical region. In other words, what would a reasonably competent medical professional practicing in the same field as the defendant, and in the same area of the defendant, do under the circumstances that the defendant was facing with respect to care and treatment of the patient?  

Construction Accidents

Workers Compensation laws generally do not allow injured workers from filing a lawsuit if they are injured.  However, if another person/company is negligent, the damages available under the tort system become available.   All injured workers  should file a workers compensation claim which provides a variety of benefits included loss wages, medical expenses, and disability awards. 

Premises Liability

If a person is injured on property containing unsafe conditions, damages may be available against the property owner.  The owner of property has different responsibilities to persons on their property depending on the nature of the invitation. 

Slip and Fall Accidents

In general terms, "slip and fall" accidents refer to situations where a person is injured by slipping, or tripping, and falling due to a dangerous condition on the premises.
All slip and fall accidents are covered by negligence law and deal with the concept of premises liability. Property owners have a "duty of care" to see that their property is safe. This includes insuring that the building has no structural defects that could cause an accident, both inside and out. In some states the property owner may also have a duty to reduce problem areas caused by weather. Structural defects can include: loose floor mats, rugs, or tiles; water on the floor; badly lit stairs or steps; cracks or holes in sidewalks or parking lots. Weather-related hazards may include standing water and icy spots. A plaintiff or claimant also has a duty to exercise reasonable care, so if any action of yours contributed to the accident, you may share in the negligence.

Wrongful Death

Wrongful death is the term used when someone causes the death of another person. The death may be caused by the actions of someone or by their failure to act (neglect). Wrongful death is a civil action rather than a criminal action. Since the person killed (decedent) cannot file suit or collect damages, it is the family or representatives of the estate that do so. The intent is to recompense family members who have suffered monetarily and emotionally from the death. Damages can be assessed for lost wages and benefits, loss of companionship, and emotional pain and suffering caused by the trauma.

A defendant can only be held responsible for a wrongful death if it can be proved that the defendant's conduct was the cause of the death. It must be proved that the death would not have occurred without the defendant's act. The time between the defendant's action and the death of the decedent is not a factor as long as it can be proved that the defendant's action was the cause of death.

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