In the unfortunate event of being injured due to the negligence of another person or entity, it can be challenging to know where to turn. The decision to file a personal injury claim is a significant one, but in most cases, it can provide some much-needed relief for those facing mounting medical bills, lost wages, and other expenses associated with their injury. Maryland is a state that offers some unique benefits for those who choose to pursue a personal injury case. In this article, we’ll explore the benefits of filing a personal injury claim in Maryland.
Table of Contents
Maryland’s Statute of Limitations
The statute of limitations is the amount of time that an individual has to file a lawsuit after an accident. In Maryland, the statute of limitations for most personal injury cases is three years. This means that if you are injured in Maryland due to someone else’s negligence, you have three years from the date of the incident to file a lawsuit. This time limit is longer than many other states, which can be beneficial for those who need more time to prepare their case. However, it’s important not to delay too long in filing your claim as you risk losing your chance to pursue your case altogether.
Recovery of Compensation
The primary goal of a personal injury claim is to receive compensation for the damages and losses incurred as a result of the injury. In Maryland, there are several types of damages that can be awarded to the victim in a personal injury case. Types of damages include:
- Economic damages: Costs associated with the injury, such as medical bills, lost wages, and property damage.
- Non-economic damages: Compensation for pain and suffering, emotional distress, and loss of enjoyment of life.
- Punitive damages: Awarded in cases of extreme negligence or intentionally harmful behavior designed to discourage future misconduct.
In Maryland, there is no cap on damages for personal injury cases, which means that the amount of compensation received is entirely dependent on the severity of the injury and the level of negligence demonstrated by the responsible party.
Comparative Negligence
Maryland is a comparative negligence state, which means that even if the victim is partially responsible for the accident that caused their injury, they may still be able to recover damages. Damages are awarded proportionally based on the level of fault assigned to each party. For example, if a victim is found to be 20% at fault for their accident, they may still be able to recover 80% of the damages awarded in their case.
Maryland’s Contributory Negligence Doctrine
Maryland is one of the few states that still follow a doctrine of contributory negligence, which can be somewhat of a double-edged sword for personal injury cases. This means that if a victim is found to be even 1% at fault for their accident, they may not be able to recover any damages. This can make filing a personal injury case in Maryland somewhat riskier, as defendants may use this doctrine as a defense against the victim’s claim. However, it’s important to remember that even in contributory negligence cases, there may still be a path to recovering damages.
Expert Witnesses
Expert witnesses can be essential in personal injury cases, particularly in cases that require specialized knowledge, such as medical malpractice or product liability cases. In Maryland, there are specific rules about who can testify as an expert witness to ensure that expert opinion is based on reliable and relevant information. This is a benefit to those pursuing a personal injury case, as it means that expert testimony will be highly credible and can help strengthen the case.
Conclusion
Filing a personal injury claim in Maryland can provide much-needed relief for those facing mounting expenses and losses due to their injuries. With a longer statute of limitations, the recovery of compensation with no cap on damages, and a comparative negligence system, Maryland offers some unique benefits to those pursuing a personal injury claim. Although the contributory negligence doctrine can make it more challenging, there are still ways to recover damages, and expert witnesses can provide critical support in many cases. If you have been injured in Maryland due to someone else’s negligence, consulting with a qualified and experienced personal injury attorney is the first step in exploring your options for recovery.