Testimonials

  • Thank you very much for your services.
  • 5/10/2012

    Just want to reiterate that Portner & Shure has provided excellent service assisting me with exceptional levels in my accident case. You were able to keep all detail transparent and were readily available for any questions. You guys are the best!

    R.A. (Owings Mills, Maryland) Case# 210714
  • 5/4/2012

    Very friendly and informative! Questions were always answered in a timely manner. I would not use anyone else!

    K.C. (Falls Church, Virginia) Case # 210480
  • 4/27/12

    Good morning Ms. Rowland,

    Thank you for your support in this matter. You were very helpful.
    Thanks,

    L.P. (Catonsville, Maryland) Case# 210722
  • 4/13/2012

    I was very happy with their services from the beginning to the end. All my questions were answered in a professional, timely manner. I would definitely refer this firm to a friend.

    M.P. (Rockville, Maryland) Case#210684
  • 4/13/2012

    Dear Sandy,

    Thank you so much  for all your hard work.I am very happy to work with you thanks again.

    F.S.B. (Alexandria, Virginia) Case #210518

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What does "contributory negligence" mean in a personal injurycase?

 

A:

Maryland is one of five states that uses contributory negligence instead of comparative negligence. The majority of states use the doctrine of comparative negligence which means, when both the victim and the defendant contributed to an accident by failing to exercise a reasonable degree of care and caution, each party's degree of liability is apportioned. The total amount that an accident victim is awarded is lessened in direct relation to his or her own negligence. For instance, if a jury found that an accident victim was entitled to $1,000,000.00 in damages but found that the victim was 20% at fault, the jury award would be $800,000.00.

Maryland's contributory negligence doctrine is more cut throat and can be a complete bar to an injured victim's recovery. Maryland personal injury attorneys often struggle to help clients because of this all or nothing rule. Under contributory negligence, the accident victim's failure to exercise a reasonable degree of care and caution, no matter how slight, is an absolute bar to recovery. If the defendant's lawyer can convince a jury that the victim was only 1% at fault, that individual will not recover any damages.

Maryland personal injury lawyers have been struggling against the doctrine of contributory negligence since it was adopted by the Maryland Court of Appeals in 1847. In 1868, accident victims received some reprieve when the Court of Appeals adopted the last clear chance doctrine. The last clear chance doctrine allows recovery by an accident victim, who would other wise be barred from recovery due to contributory negligence, if the defendant had the last chance to avoid the accident. When the defendant is negligent and the victim is contributorily negligent, the Plaintiff can still recover damages if there is a showing that something new or sequential affords the defendant a fresh opportunity to avert the consequences of his original negligence.




Portner & Shure represents clients throughout
Maryland, Northern Virginia and Washington, D.C. 
We serve the following areas:
Maryland - Baltimore City, Dundalk, Essex, Towson, Owings Mills, Bel Air, Ellicott City, Columbia, Olney, Randallstown, Catonsville, Arbutus, Linthicum, Ferndale, Glen Burnie, Hanover, Severn, Ft. Meade, Pasadena, Annapolis, Centreville, Easton, Cambridge, Gaithersburg, Germantown, Salisbury, Ocean City, Laurel, Bowie, Hyattsville, Silver Spring, Takoma Park, Greenbelt, Frederick, and Rockville
Virginia - Richmond, Fairfax, Leesburg, Alexandria, Manassas, Arlington, Woodbridge, Sterling, Falls Church, Springfield, Reston, McLean, Annadale, Herndon, Chantilly, Centreville, Ashburn, Dale City, Vienna, Lorton, Dumfries, Tyson's Corner, and Lorton

We serve the following counties:
Virginia - Loudoun County, Arlington County, Fairfax County, Prince William County, Fauquier County, Fredericksburg County, Clark County and Warren County
Maryland - Anne Arundel County, Howard County, Baltimore County, Harford County, Baltimore City, Prince George's County, Frederick County, and Montgomery County



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Our Offices

  • Main Office
  • 7226 Lee DeForest Drive
    Suite 101
    Columbia, MD 21044
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  • Maryland Satellite Offices
  • The offices listed below are used for meetings by appointment only. If no appointment is made staff and counsel will not be present at these locations.
  • Eastern Shore, MD Office
  • 11000 Coastal Highway
    Ocean City, MD 21842
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  • Owings Mills MD Office
  • 10451 Mill Run Circle
    Suite 400
    Owings Mills, MD 21117
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  • Glen Burnie, MD Office
  • 7310 Ritchie Highway
    Empire Towers Building
    Glen Burnie, MD 21061
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  • Rockville MD Office
  • 2275 Research Boulevard
    Suite 500
    Rockville, MD 20850
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  • Greenbelt MD Office
  • 6301 Ivy Lane
    Suite 700
    Greenbelt, MD 20770
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  • Frederick MD Office
  • 5235 Westview Drive
    Suite 100
    Frederick, MD 21703
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  • Virginia Satellite Offices
  • The offices listed below are used for meetings by appointment only. If no appointment is made staff and counsel will not be present at these locations.
  • Alexandria, VA Office
  • King Street
    Alexandria, VA 22314
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  • Richmond VA Office
  • 3900 Westerre Parkway
    Suite 300
    Richmond, VA 23233
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  • Vienna VA Office
  • HQ Tycon Towers
    8000 Towers Crescent Drive
    Vienna, VA 22182
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  • Reston, VA Office
  • Reston Town Center
    Reston, VA 20190
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  • Arlington, VA Office
  • Rosslyn
    Arlington, VA 22209
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