When someone is injured due to the negligent or intentional actions of another party, they may be entitled to compensation for their damages through a personal injury lawsuit. In Maryland, there are specific laws and regulations that govern personal injury lawsuits. Here’s what you need to know if you find yourself in this situation.
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The Statute of Limitations
One of the most important aspects of any personal injury case is the statute of limitations. This is the time limit for a plaintiff to file a lawsuit against the defendant. In Maryland, the statute of limitations for personal injury cases is three years from the date of the accident or injury. If you miss this deadline, you may lose your right to pursue compensation entirely.
Contributory Negligence
Maryland is one of only a few states that follows the doctrine of contributory negligence. This means that if the plaintiff is found to have contributed even just one percent to the accident or injury, they may be barred from recovering any compensation at all. It’s crucial to work with a skilled personal injury attorney to avoid getting caught in this trap.
Types of Damages
Personal injury lawsuits may seek compensation for a variety of damages, including:
- Medical expenses, including past and future costs related to treatment, therapy, and medication.
- Lost wages and earning capacity due to time off work or a reduced ability to earn a living in the future.
- Pain and suffering, including physical and emotional distress caused by the injury.
- Property damage if it was caused by the accident or injury.
Caps on Damages
In Maryland, there are caps on the amount of damages that can be awarded in certain categories of personal injury lawsuits. For example, there is a cap of $815,000 for non-economic damages, such as pain and suffering, in medical malpractice cases. Additionally, there are caps on damages that may be awarded against government entities or employees.
Comparative Fault
While Maryland follows the doctrine of contributory negligence, there is an exception for cases involving motor vehicle accidents. In these cases, Maryland follows a system of comparative fault, which allows plaintiffs to recover damages even if they were partially at fault for the accident. However, the amount of compensation awarded will be reduced proportionately to their level of fault.
Hiring a Personal Injury Attorney
Navigating the complex world of personal injury lawsuits can be overwhelming, especially when you’re trying to recover from serious injuries. This is why it’s important to work with an experienced Maryland personal injury attorney who can guide you through the process, explain your options, and fight for your rights and interests.
Final Thoughts
If you or a loved one has been injured due to the negligence or intentional actions of another party, it’s important to know your rights and options under Maryland law. At the same time, it’s equally important to focus on your recovery and well-being. By working with a skilled personal injury attorney, you can ensure that your legal interests are protected while you focus on getting back to your life.