When an individual is injured due to someone else’s negligence or intentional act in Maryland, they are entitled to file a personal injury lawsuit seeking compensation for their damages. Personal injury cases are complex and require extensive legal knowledge to navigate. However, Maryland personal injury laws provide victims with a variety of protections that help them seek fair compensation.
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Understanding Personal Injury Laws
Personal injury laws in Maryland allow victims to seek compensation for their physical and emotional injuries, lost wages, medical expenses, and other related costs. These laws apply to a wide range of accidents, including car accidents, slip and falls, medical malpractice, dog bites, and more.
In Maryland, personal injury cases are generally based on the concept of negligence. Negligence occurs when someone fails to exercise reasonable care in a given situation and their actions or inactions lead to someone else’s injuries. To prove negligence, the victim must prove that the defendant had a duty of care, breached that duty, and caused the victim’s injuries.
Statute of Limitations
Maryland has a statute of limitations for personal injury cases. A statute of limitations is a deadline by which a victim must file a lawsuit or lose their right to seek compensation. In Maryland, the statute of limitations for personal injury cases is three years from the date of the accident or injury. However, there are exceptions to this rule, and it’s important to speak with an attorney as soon as possible to ensure your rights are protected.
Comparative Negligence
Maryland follows the doctrine of comparative negligence, meaning that each party’s degree of fault is taken into account when determining compensation. In other words, if the victim is found to be partially at fault for the accident, their compensation may be reduced accordingly. For example, if a victim is found to be 30% at fault for a car accident, their compensation may be reduced by 30%.
No-Fault Insurance
Maryland is a "fault" state, meaning that victims have the right to file a lawsuit against the at-fault party. However, Maryland also requires drivers to carry no-fault insurance. This insurance provides coverage for medical expenses and lost wages up to a certain amount, regardless of who was at fault for the accident.
Caps on Damages
In some states, there are caps on the amount of damages that can be awarded in personal injury cases. In Maryland, there are caps on non-economic damages, such as pain and suffering and emotional distress. As of 2021, the non-economic damages are capped at $845,000 for cases that occurred before January 1, 2021, and $1,192,500 for cases that occurred after January 1, 2021.
However, there are no caps on economic damages, such as medical expenses and lost wages. Additionally, exceptions may apply in cases involving wrongful death, catastrophic injuries, or medical malpractice.
Work with an Experienced Personal Injury Attorney
Navigating Maryland’s complex personal injury laws can be overwhelming for victims who are already dealing with physical and emotional trauma. Working with an experienced personal injury attorney can help victims protect their rights and seek fair compensation.
An attorney can help gather evidence, negotiate with insurance companies, and build a strong case for trial if needed. Additionally, many personal injury attorneys work on a contingency fee basis, meaning they do not get paid unless the victim receives compensation.
Final Thoughts
Maryland personal injury laws protect victims by providing them with a variety of legal rights and protections. By understanding these laws and working with an experienced attorney, victims can seek the compensation they need to recover from their injuries and move forward with their lives.