Understanding The Basics Of Maryland Personal Injury Laws

If you have ever been involved in an accident or suffered an injury due to someone else’s negligence, you may be entitled to compensation under Maryland’s personal injury laws. However, navigating the legal system can be confusing and overwhelming, especially if you are not familiar with the laws and procedures that govern personal injury cases. In this article, we will provide a comprehensive overview of Maryland’s personal injury laws to help you understand your legal rights and options.

What is Personal Injury Law?

Personal injury law refers to the legal framework that allows individuals who have suffered physical or emotional harm at the hands of others to seek compensation for their losses. This can include medical expenses, lost wages, pain and suffering, and other damages resulting from the accident or injury. Personal injury cases can arise from a wide range of incidents, including car accidents, slip and fall accidents, dog bites, and medical malpractice.

In Maryland, personal injury cases are governed by a combination of state statutory law, case law, and procedural rules.

Statute of Limitations

One of the most important aspects of Maryland’s personal injury laws is the statute of limitations. This is the time limit within which an injured party must file their claim for compensation. In Maryland, the statute of limitations for personal injury cases is three years from the date of the injury or accident. If a claim is not filed within this time frame, the injured party may lose their right to seek compensation.

Comparative Negligence

Maryland follows the doctrine of comparative negligence, which means that if both parties in an accident were negligent, the court will allocate fault and assign a percentage of fault to each party. This percentage will then be used to determine the amount of compensation that each party is entitled to receive.

For example, if a pedestrian is hit by a car while crossing the street, but the pedestrian was also texting on their phone and not paying attention to their surroundings, the court may assign a percentage of fault to each party. If the pedestrian is found to be 30% at fault and the driver is found to be 70% at fault, the pedestrian’s compensation will be reduced by 30%.

Damages

In Maryland, there are two main types of damages that an injured party can seek in a personal injury case: economic and non-economic damages.

Economic Damages

Economic damages refer to the financial losses that a person has incurred as a result of an injury or accident. This can include medical expenses, lost wages, and property damage. Maryland has no cap on economic damages, meaning that an injured party can seek compensation for all of their financial losses.

Non-Economic Damages

Non-economic damages refer to the intangible losses that a person has suffered, such as pain and suffering, emotional distress, and loss of enjoyment of life. In Maryland, non-economic damages are capped at $890,000 in medical malpractice cases and $830,000 in all other personal injury cases. However, there are exceptions to these caps in certain circumstances.

Hiring a Personal Injury Lawyer

If you have been injured in an accident, it is important to hire an experienced personal injury lawyer who can help you navigate the legal system and maximize your compensation. A personal injury lawyer can help you gather evidence, negotiate with insurance companies, and represent you in court if necessary. Most personal injury lawyers work on a contingency fee basis, which means that they only get paid if you win your case.

Conclusion

If you have been injured in an accident or due to someone else’s negligence, understanding Maryland’s personal injury laws is essential to protecting your legal rights and seeking the compensation you deserve. By knowing the statute of limitations, comparative negligence, and the types of damages available, you can make informed decisions about your case and work with an experienced personal injury lawyer to achieve a favorable outcome.

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